Nghị định 08/2003/NĐ-CP về hoạt động của cơ quan đại diện nước Cộng hoà xã hội chủ nghĩa Việt Nam ở nước ngoài phục vụ nhiệm vụ phát triển kinh tế

NGHỊ ĐỊNH

CỦA CHÍNH PHỦ SỐ 08/2003/NĐ-CP NGÀY 10 THÁNG 02 NĂM 2003VỀ HOẠT ĐỘNG CỦA CƠ QUAN ĐẠI DIỆN NƯỚC CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM Ở NƯỚC NGOÀI PHỤC VỤ NHIỆM VỤ PHÁT TRIỂN KINH TẾ

CHÍNH PHỦ

Căn cứ Luật Tổ chức Chính phủ ngày 25 tháng 12 năm 2001;
Căn cứ Pháp lệnh về Cơ quan đại diện nước Cộng hòa xã hội chủ nghĩa Việt Nam ở nước ngoài ngày 02 tháng 12 năm 1993;
Để nâng cao hiệu quả hoạt động phục vụ nhiệm vụ phát triển kinh tế của Cơ quan đại diện nước Cộng hòa xã hội chủ nghĩa Việt Nam ở nước ngoài (dưới đây gọi tắt là hoạt động phục vụ kinh tế), đưa hoạt động này thành một trong các biện pháp của Chính phủ nhằm thúc đẩy thương mại, hợp tác đầu tư, hợp tác phát triển, hợp tác khoa học - công nghệ, du lịch, lao động, dịch vụ thu ngoại tệ; bảo vệ lợi ích của nhà nước, quyền và lợi ích hợp pháp của các tổ chức, cá nhân Việt Nam trong hoạt động kinh tế đối ngoại;
Theo đề nghị của Bộ trưởng Bộ Ngoại giao,

DECREE

ON ACTIVITIES OF FOREIGN-BASED REPRESENTATIONS MISSIONS OF THE SOCIALIST REPUBLIC OF VIETNAM IN SERVICE OF ECONOMIC DEVELOPMENT TASKS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 2, 1993 Ordinance on foreign-based representation missions of the Socialist Republic of Vietnam;
In order to raise the effectiveness of activities of foreign-based representation missions of the Socialist Republic of Vietnam in service of economic development tasks (hereinafter referred to as economic service activities for short), making these activities one of the Government’s measures to promote trade, investment cooperation, development cooperation, scientific and technological cooperation, tourism, labor, foreign exchange-earning services; to protect the State’s interests, Vietnamese organizations’ and individuals’ rights and legitimate interests in external economic activities;
At the proposal of the Foreign Minister,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and subjects of regulation

This Decree regulates activities conducted by the foreign-based representation missions of the Socialist Republic of Vietnam (hereinafter referred to as representation missions for short) in order to boost external economic relations, create favorable conditions for Vietnamese organizations and individuals in economic activities; protect the State’s interests, Vietnamese organizations’ and individuals’ rights and legitimate interests in the host countries.

Article 2.- Principles of economic service activities of the representation missions.

1. Economic service activities of the representation missions must be based on the requirements and objectives of socio-economic development strategies and plans already approved by the National Assembly and the Government, as well as specific requests of concerned Vietnamese organizations and individuals.

2. Economic service activities of the representation missions must comply with the provisions of the Vietnamese law, the laws of the host countries or of the countries where the international organizations are headquartered, and with the international agreements which the Socialist Republic of Vietnam has signed or acceded to.

3. Economic service activities of the representation missions must bring into the fullest play the representation missions’ advantages in terms of their organizational system and official representation status in the host countries and international organizations.

Chapter II

CONTENTS OF ECONOMIC SERVICE ACTIVITIES OF REPRESENTATION MISSIONS

Article 3.- Supply of economic information

1. Collecting, analyzing, appraising and supplying to Vietnamese organizations and individuals information on:

a/ The international economic situation and international economic relations.

b/ Potentials, strategies, policies, economic situation, law, and market practices of the host countries and international organizations.

c/ Scientific and technological development trends in the world, opportunities for technology absorption.

d/ Matters related to the international economic integration process, the host countries’ experiences for participation and activities in international and regional economic organizations.

2. Propagating and disseminating in the host countries and international organizations Vietnam’s economy, culture, society, country, scenic landscapes, investment and business opportunities and environment by introducing:

a/ Vietnam’s lines, policies, laws, socio-economic development strategies and plans.

b/ Vietnam’s economic, trade, investment, scientific and technological, tourist and labor potentials and cooperation opportunities.

c/ General information on Vietnam’s political, economic, cultural and social situation.

d/ Cooperation capabilities and demands of the ministries, branches, localities, enterprises and socio-economic organizations,.

Article 4.- Creation of an environment favorable for external economic activities

1. Implementing the State’s external relation policies towards the host countries or international organizations, aiming to strengthen and promote the friendly and cooperative relations, facilitate the implementation of the external economic policies and the country’s socio-economic development.

2. Proposing to the Government, the Ministry for Foreign Affairs and concerned agencies in the country necessary policies and measures to develop friendly and cooperative relations with the host countries and international organizations, with importance being attached to economic, trade, investment, tourist, labor, scientific and technological cooperation.

3. Proposing to the Government the negotiation and signing of necessary international agreements with the host countries and international organizations with a view to facilitating economic cooperation relations.

Article 5.- Participation in implementing external economic activities

In compatibility with the economic service tasks or at the requests of concerned agencies, the representation missions shall carry out the following activities:

1. Coordinating with the Ministry of Planning and Investment and the Ministry for Foreign Affairs in mobilizing sources of official development assistance (ODA) in the host countries and international organizations in compliance with the plannings and plans on attraction and use of ODA capital sources in each period.

2. Coordinating with the Ministry of Planning and Investment in implementing programs on investment mobilization and promotion, propagation on Vietnam’s foreign direct investment opportunities and environment in the host countries in compliance with the State’s strategies, policies and list of projects calling for foreign direct investment in each period.

3. Coordinating with the Ministry of Trade in seeking export markets and organizing trade promotion activities, fairs and exhibitions in the host countries.

4. Coordinating with Vietnam National Administration of Tourism in popularizing and propagating Vietnam’s tourist potentials in the host countries.

5. Coordinating with the Ministry of Labor, War Invalids and Social Affairs in searching for, opening up and establishing labor export cooperation relations with the host countries and international organizations.

6. Coordinating with other concerned agencies in external economic activities according to law provisions.

Article 6.- Support for Vietnamese organizations and individuals

The representation missions shall, on their own initiative or at the specific requests of Vietnamese organizations and individuals, have to:

1. Supply information on the markets, laws, and business practices of foreign countries and partners.

2. Supply information on the capabilities, mechanisms, policies and regulations of international organizations.

3. Support the establishment of relations with foreign partners.

4. Support the implementation of trade promotion, tourist, labor cooperation, and trade activities, the establishment of scientific and technological, and training cooperation relations with foreign partners.

Article 7.- Creation of favorable conditions for the overseas Vietnamese community to contribute to the national socio-economic development cause

1. Coordinating with the concerned agencies in formulating, perfecting, and organizing the implementation of, the State’s policies and laws in order to create a favorable legal environment for tapping economic and knowledge potentials, and ensuring the rights and legitimate interests of overseas Vietnamese investing in the country, contributing to the country’s economic, social, scientific and technological development.

2. Proposing to the Government, the Ministry for Foreign Affairs and concerned agencies policies and measures to create favorable conditions for overseas Vietnamese people to earn a living and reside permanently and stably in the host countries.

Article 8.- Protection of the State’s interests, protection of rights and legitimate interests of Vietnamese organizations and individuals in foreign countries

To take necessary measures to protect the State’s interests, the rights and legitimate interests of Vietnamese organizations and individuals in foreign countries in accordance with the provisions of the Vietnamese law, international laws and the laws of the host countries.

Chapter III

STATE MANAGEMENT OVER ECONOMIC SERVICE ACTIVITIES OF REPRESENTATION MISSIONS

Article 9.- Tasks and powers of the representation missions

The representation missions shall be responsible for economic service activities in the geographical areas or international organizations under their charge, having the following tasks and powers:

1. Uniformly managing economic service activities in the geographical areas or international organizations under their charge.

2. Managing Vietnamese delegations sent on working trips abroad; working delegations of Vietnamese organizations and individuals shall have to notify the representation missions in the destination countries of their activity agendas and results.

3. Organizing the implementation of economic service tasks assigned to them. The heads of the representation missions shall have to direct the sections of the representation missions to coordinate with one another in performing their tasks.

4. Sending periodical reports to the Ministry for Foreign Affairs and concerned agencies on the situation of their economic service activities and matters arising in economic activities carried out by Vietnamese organizations and individuals in the geographical areas under their charge.

5. Reporting in time matters and problems arising in the course of implementation of their economic service activities and proposing appropriate measures and remedies to the Government, the Ministry for Foreign Affairs and concerned agencies at home.

Article 10.- Tasks and powers of the Ministry for Foreign Affairs

The Ministry for Foreign Affairs shall assume the prime responsibility for assisting the Government in performing the function of State management over economic service activities of the representation missions, having the following tasks and powers:

1. Uniformly managing economic service activities of the representation missions.

2. Coordinating with the concerned ministries and branches in directing the implementation of economic service activities by the representation missions.

3. Inspecting and supervising economic service activities of the representation missions through assigning specific economic service tasks thereto.

4. Periodically reporting and taking responsibility to the Government for economic service activities of the representation missions.

5. Periodically or unexpectedly (when necessary) convening meetings with representatives of organizations and individuals to evaluate economic service activities of the representation missions, and discuss measures to promote these activities.

Article 11.- Tasks and powers of the ministries, the agencies attached to the Government and the People’s Committees of the provinces and centrally-run cities

1. The ministries, the agencies attached to the Government and the People’s Committees of the provinces and centrally-run cities shall, within the scope of their respective functions, tasks and powers, have to coordinate with the Ministry for Foreign Affairs in economic service activities of the representation missions, having the following concrete tasks:

a/ Coordinating with the Ministry for Foreign Affairs in managing and directing public employees sent by themselves to work at the representation missions, ensuring their implementation of the State’s foreign relation lines and policies and laws and observance of the laws of the host countries.

b/ Directly or through the Ministry for Foreign Affairs supplying in time information at the requests of the representation missions, guiding matters related to the domains falling under their management functions.

c/ Coordinating with the Ministry for Foreign Affairs in evaluating economic service activities of the representation missions, proposing measures to boost diplomatic activities in service of economic tasks, according to their respective State management functions.

2. The Ministry of Trade shall directly give professional guidance to the trade sections at the representation missions. The trade sections shall submit to the task assignment and external political management by the heads of the representation missions; have to coordinate with other sections in the representation missions in performing economic service activities.

Article 12.- Rights and obligations of Vietnamese organizations and individuals

Vietnamese organizations and individuals shall be entitled to directly or through the Ministry for Foreign Affairs request the representation missions to support their economic activities and shall have to supply necessary information related to their requests to the representation missions.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13.- The fund in support of economic service activities

The Ministry for Foreign Affairs shall coordinate with the Ministry of Finance in studying and setting up a fund in support of economic service activities along the direction of mobilizing funding from various sources, then submit their proposal thereon to the Prime Minister for consideration and decision.

Article 14.- Commendation and reward

Organizations and individuals that make outstanding achievements in economic service activities shall be commended and/or rewarded according to law provisions.

Article 15.- Handling of violations

Organizations and individuals violating the provisions of this Decree shall, depending on the nature and seriousness of their violations, be handled according to law provisions.

Article 16.- Implementation effect

1. This Decree takes effect 15 days after its publication on the Official Gazette.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.