Consolidated Document number 980/VBHN-BNG Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs.

MINISTRY OF FOREIGN AFFAIRS --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 980/VBHN-BNG	Hanoi, March 30, 2021

DECREE

PROVISIONS ON THE FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FOREIGN AFFAIRS

Decree No. 26/2017/NĐ-CP dated March 14, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs, which took effect from March 14, 2017, has been amended and supplemented by:

Decree No. 29/2020/NĐ-CP dated March 3, 2020 of the Government amending Article 3 of Decree No. 26/2017/NĐ-CP dated March 14, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs, which took effect from March 3, 2020.

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Foreign Affairs;

The Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs The Ministry of Foreign Affairs is an agency of the Government implementing state management over foreign affairs, including: diplomatic work, border issues, national territory, work with overseas Vietnamese communities, signing and implementing international treaties and agreements, managing Vietnamese representative offices abroad (hereinafter referred to collectively as Vietnamese representative offices abroad) and activities of foreign representative offices in Vietnam; state management of public services in fields under the state management of the Ministry of Foreign Affairs as prescribed by law.[1].

Article 1. Position and Functions

The Ministry of Foreign Affairs performs tasks and powers as prescribed in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Submitting to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, and draft decrees of the Government according to the annual legislative program of the Government and other resolutions, projects, and programs assigned by the Government and the Prime Minister.

2. Submitting to the Government and the Prime Minister strategies, plans, long-term, medium-term, and annual development plans, and important projects and works, and national target programs in fields under the state management of the Ministry of Foreign Affairs.

3. Issuing circulars and other documents on state management over fields under the state management of the Ministry of Foreign Affairs.

3. Submitting draft decisions, directives, and other documents concerning sectors and fields under the Ministry of Foreign Affairs' jurisdiction or as assigned by the Government and Prime Minister to the Prime Minister.

4. 5. Directing, guiding, inspecting, and organizing the implementation of regulatory legal documents, strategies, plans, and national target programs under the state management of the Ministry of Foreign Affairs after approval; organizing information dissemination, legal education, and monitoring the enforcement of laws in fields under the state management of the Ministry of Foreign Affairs.

6. Regarding state management over foreign affairs activities of ministries, ministerial-level agencies, related agencies, and localities:

a) Taking the lead and coordinating with ministries, ministerial-level agencies, and related agencies to develop national foreign affairs activity plans; compiling foreign affairs activity plans of ministries, ministerial-level agencies, and related agencies and localities; guiding the organization of implementation and requiring ministries, ministerial-level agencies, and related agencies and localities to report periodically and urgently on the implementation of foreign affairs activities;

b) Taking the lead and coordinating with relevant agencies to guide foreign affairs business for ministries, ministerial-level agencies, and related agencies and localities;

c) Taking the lead and coordinating with relevant agencies to direct, inspect, and urge ministries, ministerial-level agencies, and related agencies and localities to implement policies and regulations of the law to ensure unified management of foreign affairs activities.

7. Managing international conferences and seminars held in Vietnam in accordance with the law; reporting annually to the Prime Minister on the situation of organizing international conferences and seminars in Vietnam.

8. Taking the lead and coordinating with ministries, ministerial-level agencies, related agencies, and localities to protect the sovereignty and interests of the State, and the legitimate rights and interests of organizations and Vietnamese citizens abroad in accordance with Vietnamese law and international law.

b) Taking the lead in researching, compiling, and proposing strategic and predictive issues related to the world situation, international relations, international law, political, economic, cultural relations of Vietnam, and other fields under the state management of the Ministry of Foreign Affairs.

9. Regarding research and strategic advisory work:

a) Provide timely information and advice to the Government and the Prime Minister on issues related to the world situation and Vietnam's international relations;

c) Submitting to the Government proposals for establishing, changing the level of, or suspending diplomatic and consular relations with countries and intergovernmental international organizations; setting up, temporarily suspending, or terminating the operations of Vietnamese representative offices abroad in accordance with the law;

10. Regarding representation in state foreign affairs activities:

a) Represent the State in diplomatic relations with countries and intergovernmental international organizations; conduct state foreign affairs activities as prescribed by law;

d) Recommending the Prime Minister to submit to the Standing Committee of the National Assembly for approval the appointment or removal of ambassadors; recommending the Prime Minister to submit to the President for decision the dispatching or recalling of ambassadors, permanent representatives of Vietnam to the United Nations, the World Trade Organization, and representatives of the President at international organizations;

e) Appointing and recalling permanent representatives of Vietnam to international organizations, except in cases provided for in point c of this clause; heads of Vietnamese consular offices abroad; deciding the appointment and removal of honorary consuls abroad.

a) Implementing state management over diplomatic protocol and diplomatic privileges and immunities as prescribed by law; guiding and managing the implementation of diplomatic privileges and immunities and diplomatic protocol for foreign representative offices in Vietnam and Vietnamese representative offices abroad in accordance with Vietnamese law, international law, and practice;

11. Regarding state protocol work:

c) Preparing and serving high-level state delegations visiting countries or attending international conferences; organizing the reception of high-level delegations from countries and international organizations visiting Vietnam in accordance with the law.

b) Implement the approval of diplomatic representatives of countries and international organizations in Vietnam and Vietnamese diplomatic representatives abroad;

c) Preparing and serving state delegations visiting other countries or attending international conferences; organizing receptions for high-level delegations from other countries and international organizations visiting Vietnam in accordance with the provisions of the law.

12. Regarding economic diplomacy work:

a) Establish bilateral and multilateral political relations and legal frameworks aimed at promoting Vietnam's foreign economic activities and international economic integration;

b) Study, forecast, and provide information on international economic issues and international economic relations; coordinate advisory services and develop policies to serve economic development and international economic integration; handle issues arising related to foreign economic affairs according to the division of labor by the Government and the Prime Minister; take the lead and coordinate political and diplomatic efforts to support foreign economic activities;

c) Take the lead and coordinate with ministries, equivalent agencies, relevant agencies, and localities in building and implementing policies, programs, and economic diplomacy activities;

d) Take the lead and coordinate with ministries, equivalent agencies, relevant agencies, and localities to enhance Vietnam's effectiveness in participating in international and regional economic cooperation organizations, mechanisms, and forums according to the division of labor by the Government and the Prime Minister;

13. Regarding cultural diplomacy work:

a) Develop the legal basis and policies for cultural diplomacy; advise on handling issues related to cultural diplomacy as assigned by the Government and the Prime Minister;

b) Take the lead and coordinate with ministries, equivalent agencies, localities, and relevant agencies in managing and implementing cultural diplomacy work;

c) Perform the duties of Chairman and Secretariat of the National Committee for UNESCO of Vietnam; act as the permanent body of the National Committee for UNESCO of Vietnam;

14. Regarding external information work:

a) Take the lead in implementing overseas external information activities;

b) Lead the monitoring, research, and compilation of foreign media opinions to serve foreign information work;

c) Announce Vietnam's official stance and viewpoints on international and external issues; organize international press conferences within the scope of authority of the Ministry of Foreign Affairs and as prescribed by law;

d) Manage and grant permits for foreign press activities in Vietnam and accompanying foreign delegations visiting Vietnam within the scope of authority of the Ministry of Foreign Affairs and as prescribed by law;

đ) Manage the electronic information portal of the Ministry of Foreign Affairs and Vietnamese representative offices abroad serving external information work;

15. Regarding consular work:

a) Protect the interests of the State, the rights and legitimate interests of Vietnamese citizens and legal entities abroad in accordance with Vietnamese law and international law;

b) Implement consular legalization, consular certification, judicial delegation, civil status, nationality, entry, and exit procedures for Vietnamese citizens and foreigners under the management of the Ministry of Foreign Affairs as prescribed by law;

c) Manage and direct consular work of provincial foreign affairs agencies under the central government as prescribed by law;

d) Perform other consular tasks as prescribed by law, as assigned by the Government and the Prime Minister, and in accordance with international treaties to which Vietnam is a party;

a) Develop policies and measures to promote legal, safe, and orderly international migration consistent with Vietnam's conditions and international practice;

a) Take the lead and coordinate with relevant agencies in developing policies on international migration issues that are suitable to Vietnam's conditions and international practices;

b) Take the lead and coordinate with relevant agencies in guiding and inspecting work related to the migration activities of Vietnamese citizens abroad;

a) Study, compile situations, propose and implement policies, laws concerning Vietnamese people abroad;

a) Take the lead and coordinate with relevant agencies and organizations in researching, compiling situations, proposing, and implementing policies towards Vietnamese citizens abroad;

b) Take the lead and coordinate with relevant agencies and organizations in guiding and inspecting the implementation of work towards Vietnamese citizens abroad;

c) Organize, support, and guide Vietnamese organizations and individuals abroad in their connections with the domestic country and vice versa, contributing to national development;

d) Support and create favorable conditions for Vietnamese citizens abroad to stabilize their lives, integrate into the social life of the host country, and preserve the national cultural identity of Vietnam;

18. Regarding borders and national territory:

a) Take the lead and coordinate with ministries, equivalent agencies, relevant agencies, and localities in conducting research, compiling, inspecting, and evaluating border management, national territory, airspace, maritime zones, islands, and continental shelf situations of Vietnam; resolving disputes, defending the border, territorial integrity, sovereignty, sovereign rights, and jurisdiction of Vietnam on land, airspace, maritime zones, islands, and continental shelf; propose policies and appropriate measures;

b) Take the lead and coordinate with ministries, equivalent agencies, and relevant agencies in advising on determining the national border, maritime zones, and continental shelf of Vietnam; defining the scope of sovereignty, sovereign rights, and jurisdiction of Vietnam on land, airspace, maritime zones, islands, and continental shelf;

c) Take the lead and coordinate with ministries, equivalent agencies, and relevant localities in formulating plans for national border demarcation; determine the boundaries of the exclusive economic zone and continental shelf of Vietnam with neighboring countries;

d) Take the lead and coordinate with ministries, equivalent agencies, and relevant agencies in implementing international legal documents on borders; delimit and mark national borders based on international treaties on national border demarcation signed between the Socialist Republic of Vietnam and neighboring countries; direct, guide the organization of implementation, and require relevant ministries, equivalent agencies, and localities to report periodically or urgently on border management and protection work;

đ) Submit to the Prime Minister for handling or guiding handling within his authority issues arising from the activities of ministries, equivalent agencies, agencies, and localities related to national sovereignty, sovereign rights, and jurisdiction of Vietnam on land, airspace, maritime zones, islands, and continental shelf;

19. Regarding the management of Vietnamese representative offices abroad:

a) Be responsible before the Government for state management over Vietnamese representative offices abroad; direct and inspect the implementation of the State's foreign policy and the functions and tasks of Vietnamese representative offices abroad and members of Vietnamese representative offices abroad as prescribed by law;

b) Organize the implementation of legal provisions on the organization and staffing of Vietnamese representative offices abroad;

c) Appoint, relieve from office, dispatch, and recall members of Vietnamese representative offices abroad as prescribed by law;

d) Guide and organize the management and use of assets, material infrastructure, technology, and funds of Vietnamese agencies abroad as prescribed by law;

20. Regarding the management of external activities of representatives of Vietnamese agencies and organizations abroad (hereinafter referred to collectively as Vietnamese agencies and organizations abroad) and Vietnamese delegations dispatched abroad for official duties:

a) Guide and inspect the implementation of the State's policies, tasks, and powers of Vietnamese agencies and organizations abroad and Vietnamese delegations dispatched abroad for official duties as prescribed by law;

b) Chair and coordinate with ministries, ministerial-level agencies, and related agencies to support and create favorable conditions for Vietnamese agencies and organizations abroad to perform their functions, tasks, and powers according to Vietnamese law, the laws of the host country, and international law.

21. Manage the activities of diplomatic missions, consular offices, honorary consulates of foreign countries, and representative offices of intergovernmental international organizations located in Vietnam in accordance with Vietnamese law and international law.

22. Manage foreign non-governmental organizations in Vietnam; issue, extend, amend, supplement, and revoke registration certificates of foreign non-governmental organizations in Vietnam according to the provisions of law;

23. Regarding treaty and international agreement work:

a) Implement state management over treaty and international agreement work;

b) Review proposals for signing and joining international treaties submitted by ministries, ministerial-level agencies, and related agencies before submitting them to the Government;

c) Chair and coordinate with the Ministry of National Defense, the Ministry of Public Security, and related agencies to propose negotiations on international treaties related to war, peace, and national sovereignty;

d) Chair and coordinate with ministries, ministerial-level agencies, and related agencies to assess the compatibility of legislative proposals, ordinances, decrees with relevant international treaties to which the Socialist Republic of Vietnam is a party;

đ) Chair and coordinate with related agencies to establish and operate a database on international treaties of the Socialist Republic of Vietnam.

24. Chair and coordinate with related agencies to develop and implement policies of Vietnam at multilateral forums on the development of international law.

25. Manage organizational structure, staffing, civil servants, public officials, and employees under the jurisdiction of the Ministry of Foreign Affairs in accordance with the provisions of the law; implement salary systems and other policies for civil servants, public officials, and employees under the jurisdiction of the Ministry of Foreign Affairs.

26. Inspect and supervise the implementation of legal provisions in areas under the management of the Ministry of Foreign Affairs; organize citizen reception, handle complaints and denunciations; prevent and combat corruption and waste, and handle violations of the law in areas under the management of the Ministry of Foreign Affairs in accordance with the provisions of the law.

27. Manage and utilize financial resources, assets, material infrastructure, technical equipment, and allocated budget in accordance with the provisions of the law.

28. Decide and direct the implementation of administrative reform programs of the Ministry of Foreign Affairs in accordance with the goals and plans approved by the Government and the Prime Minister.

29. Implement public service activities in areas under the Ministry of Foreign Affairs' administrative jurisdiction according to the provisions of law;

30. Perform other tasks and powers assigned by the Government or the Prime Minister, or as prescribed by law;

Article 3. Organizational Structure

1. Department of ASEAN.

2. Department of Europe.

3. Department of America.

4. Department of Northeast Asia.

5. Department of Southeast Asia - South Asia - South Pacific.

6. Department of the Middle East - Africa.

7. Department of Foreign Policy.

8. Department of International Organizations.

9. Department of Law and International Treaties.

10. Department of Multilateral Economic Cooperation;

11. Department of Economic Synthesis.

12. Department of Cultural Diplomacy and UNESCO.

13. Department of Information and Press.

14. Department of Awards and Merit Promotion and Diplomatic Tradition.

15. Department of Cadre and Civil Service.

16. Office of the Ministry.

17. Inspectorate of the Ministry.

18. Cryptographic Bureau.

19. Consular Bureau.

20. Consular Service Bureau.

21. State Reception Bureau.

22. Administrative Financial Management Bureau;

23. Ho Chi Minh City Department of Foreign Affairs;

24. State Committee for Overseas Vietnamese.

25. National Border Commission.

26. Diplomatic Academy;

27. World and Vietnam Newspaper;

28[2]. (is repealed).

29. National Translation and Interpretation Center.

30. Information Center.

31. Vietnamese representative offices abroad.

The organizations specified from Clause 1 to Clause 25 of this Article are organizations assisting the Minister of Foreign Affairs in performing state management functions; the organizations specified from Clause 26 to Clause 30 of this Article are public service units under the Ministry of Foreign Affairs.

The organizations specified in Clause 31 of this Article are Vietnamese representative offices abroad established by the Government and directly managed by the Ministry of Foreign Affairs.

The Departments of Europe and Cadre and Civil Service shall be organized into six divisions; the Department of Law and International Treaties shall be organized into four divisions; the Departments of America, Northeast Asia, Southeast Asia - South Asia - South Pacific, and the Middle East - Africa shall be organized into three divisions; the Inspectorate of the Ministry shall be organized into two divisions; the Office of the Ministry shall be organized into nine divisions.

The Consular Service Bureau has nine divisions; the Administrative and Financial Management Bureau has eight divisions; the Consular Bureau of Ho Chi Minh City has six divisions; the Cryptographic Bureau and the State Reception Bureau have four divisions each; the Consular Bureau has three divisions.

The Minister of Foreign Affairs shall submit to the Prime Minister for approval the functions, tasks, powers, and organizational structure of the State Committee for Overseas Vietnamese, the National Border Commission, and the Diplomatic Academy; submit to the Prime Minister for issuance the list of other public service units directly under the Ministry of Foreign Affairs.

The Minister of Foreign Affairs shall specify the functions, tasks, powers, and organizational structure of subordinate organizations, except those specified from Clause 24 to Clause 26 of this Article.

Article 4. Effective date

[3]

1. This Decree takes effect from the date of issuance.

2. This Decree replaces Decree No. 58/2013/NĐ-CP dated June 11, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs.

Article 5. Responsibilities for Implementation

Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees under the central government, and related agencies and organizations are responsible for implementing this Decree./.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Bui Thanh Son