Nghị định 26/2017/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Ngoại giao

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 26/2017/ND-CP	Hanoi, March 14, 2017

 

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FOREIGN AFFAIRS

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

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Foreign Affairs,

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs.

Article 1. Position and functions

The Ministry of Foreign Affairs is a governmental agency, performing the function of state management of external affairs, including diplomatic work, national border and territory, overseas Vietnamese affairs, conclusion and implementation of treaties and international agreements, management of overseas representative missions of the Socialist Republic of Vietnam (below collectively referred to as overseas Vietnamese representative missions) and operation of foreign representative agencies in Vietnam; the state management of public services in the fields under its state management as prescribed by law.

Article 2. Tasks and powers

The Ministry of Foreign Affairs shall perform the tasks and exercise the powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1,2016, defining functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and has the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, and draft decrees of the Government under the Government’s annual law-making programs and plans, and resolutions, projects, schemes as assigned by the Government or Prime Minister.

2. To submit to the Government or Prime Minister for development strategies and masterplans and long-term, medium-term and annual plans; important national projects and works and national target programs in the sectors and fields under its state management.

3. To submit to the Prime Minister draft decisions, directives and other documents in the sectors and fields under its state management or as assigned by the Government or Prime Minister.

4. To promulgate circulars and other documents on the state management of sectors and fields under its state management.

5. To direct, guide, inspect and organize the implementation of legal documents, strategies, master plans, plans, national target programs under its state management after they are approved; to inform, disseminate and educate about law and monitor the implementation of the laws concerning the sectors and fields under its state management.

6. Regarding the state management of external activities of ministries, ministerial-level agencies, related agencies and localities:

a/ To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies and related agencies in, elaborating external relation plans of the State; to summarize external relation plans of ministries, ministerial-level agencies, related agencies and localities; to guide ministries, ministerial-level agencies, related agencies and localities in conducting external activities, and request them to periodically or extraordinarily report on external activities;

b/ To assume the prime responsibility for, and coordinate with related agencies in, guiding professional operations related to external activities for ministries, ministerial-level agencies, related agencies and localities;

c/ To assume the prime responsibility for, and coordinate with related agencies in, directing, inspecting and urging ministries, ministerial-level agencies, related agencies and localities to implement guidelines, policies and regulations in order to ensure the uniform management of external activities.

7. To manage international conferences and workshops in Vietnam in accordance with law; to annually report to the Prime Minister on the organization of international conferences and workshops.

8. To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies, related agencies and localities in, safeguarding the sovereignty and interests of the State, lawful rights and interests of overseas Vietnamese organizations and citizens in accordance with Vietnamese and international laws.

9. Regarding study and provision of advices on strategic forecasts:

a/ To supply information and promptly advise the Government and Prime Minister on issues related to the world situation and Vietnam’s international relations;

b/ To assume the prime responsibility for studying, synthesizing and making forecasts and strategic issues related to the world situation, international relations, international law and Vietnam’s political, economic and cultural relations, and other fields under its state management;

10. Regarding representation in state external activities:

a/ To represent the State in diplomatic relations with foreign countries and inter- governmental international organizations; and to carry out the State’s external activities.

b/ To submit to the Government the establishment, change of levels or cessation of diplomatic or consular relations with foreign countries and inter-governmental international organizations; the establishment, suspension or termination of operation of overseas Vietnamese representative missions in accordance with law;

c/ To propose the Prime Minister to submit to the National Assembly Standing Committee for approval the appointment or relief from duty of ambassadors extraordinary and plenipotentiary; to propose the Prime Minister to submit to the President for decision the appointment and recall of ambassadors extraordinary and plenipotentiary, permanent representatives of Vietnam to the United Nations, the World Trade Organization or representatives of the President to international organizations;

d/ To appoint and recall permanent representatives of Vietnam to international organizations other than those specified at Point c of this Clause; and heads of overseas Vietnamese consulates; to decide on appointment or relief from duty of Vietnamese honorary consulates in foreign countries.

11. Regarding the state protocol:

a/ To perform the state management of external protocol and diplomatic privileges and immunities in accordance with law; to guide and manage the entitlement of diplomatic privileges and immunities and performance of diplomatic protocol to Vietnam-based foreign representative agencies and overseas Vietnamese representative missions in accordance with Vietnamese law and international law and practice;

b/ To organize the acceptance of diplomatic representatives of foreign countries and Vietnam-based international organizations, and overseas Vietnamese diplomatic representative;

c/ To prepare for and serve high-level delegations of the State to visit foreign countries or attend international conferences; and to organize reception of high-level delegations of foreign countries and international organizations visiting Vietnam under regulations;

12. Regarding economic diplomacy:

a/ To forge political relations and build appropriate bilateral and multilateral legal frameworks to promote Vietnam’s external economic and international economic integration activities;

b/ To study, forecast and provide information on international economic issues and relations; to coordinate with other agencies in advising and developing guidelines and policies to serve the economic development and international economic integration; to solve arising problems related to external economic activities as assigned by the Government or Prime Minister; to assume the prime responsibility for, and coordinate with other agencies in, carrying out political and diplomatic campaigns and lobbies in support of external economic activities;

c/ To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies, related agencies and localities in, developing and implementing economic diplomacy guidelines, policies, programs and activities;

d/ To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies, related agencies and localities in, increasing the effectiveness of Vietnam’s participation in international or regional economic organizations, mechanisms and forums as assigned by the Government or Prime Minister.

13. Regarding culture diplomacy:

a/ To formulate legal grounds for, and policies on, cultural diplomacy; to advise the solution of arising problems related to cultural diplomacy as assigned by the Government or Prime Minister;

b/ To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies, localities and related agencies and organizations in, managing and carrying out cultural diplomacy activities;

c/ To perform the duty of the President and Secretariat of Vietnam’s National Committee for the United Nations Educational, Scientific and Cultural Organization (UNESCO); to act as a permanent member of Vietnam’s National Committee for the UNESCO.

14. Regarding external information:

a/ To assume the prime responsibility for providing external information abroad;

b/ To assume the prime responsibility for monitoring and synthesizing foreign press opinions to serve external information work;

c/ To voice Vietnam’s official points of view and stance on international or external issues; to organize international press conferences under its competence in accordance with law;

d/ To manage and grant permits for information and press activities of Vietnam-based foreign press and foreign journalists accompanying foreign delegations visiting Vietnam under its competence in accordance with law;

dd/ To manage its own website and websites of overseas Vietnamese representative missions to serve external information activities.

15. Regarding consular work:

a/ To protect the State’s interests and lawful rights and interests of overseas Vietnamese citizens and legal entities in accordance with Vietnamese and international laws;

b/ To perform consular legalization and certification, judicial mandate, management of civil status, nationality and exit and entry of Vietnamese citizens and foreigners under its management in accordance with law;

c/ To manage and direct consular work of provincial-level foreign affairs agencies in accordance with law;

d/ To carry out other consular activities as prescribed by law, assigned by the Government or Prime Minister, or prescribed by treaties to which Vietnam is a contracting party.

16. Regarding the state management of Vietnamese migration abroad:

a/ To assume the prime responsibility for, and coordinate with related agencies in, elaborating guidelines and policies on international migration suitable to Vietnam’s conditions and international practice;

b/ To assume the prime responsibility for, and coordinate with related agencies in, guiding and inspecting affairs related to Vietnamese migration abroad.

17. Regarding overseas Vietnamese affairs:

a/ To assume the prime responsibility for, and coordinate with related agencies and organizations in, studying and reviewing overseas Vietnamese affairs, and proposing and implementing guidelines and policies toward overseas Vietnamese;

b/ To assume the prime responsibility for, and coordinate with related agencies and organizations in, guiding and inspecting affairs related to overseas Vietnamese affairs;

c/ To organize, support and guide overseas Vietnamese organizations and individuals in their contacts with their home country and vice versa, contributing to the national development;

d/ To support and create favorable conditions for overseas Vietnamese to stabilize their livelihood, integrate themselves with social life in their host countries, and preserve the national cultural identity.

18. Regarding national border and territory:

a/ To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies, related agencies and localities in, studying, synthesizing, inspecting and assessing the management of Vietnam’s national border and territory, air space, sea areas, islands and continental shelf; to settle disputes and struggle to safeguard the national border, territorial integrity, sovereignty, sovereign rights and rights to national jurisdiction of Vietnam over its mainland, air space, sea areas, islands, continental shelf; and to propose appropriate guidelines, policies and management measures;

b/ To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies and related agencies in, advising on the demarcation of the national border, sea areas and continental shelf of Vietnam; determining the sovereignty scope, sovereign rights and rights to national jurisdiction over air space, sea areas, mainland, islands, continental shelf of Vietnam;

c/ To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies, related agencies and localities in, elaborating plans on demarcation of the national border; the determination of the boundaries of the Vietnamese exclusive economic zone and continental shelf with concerned neighboring countries;

d/ To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies, related agencies and localities in, implementing international legal instruments on border, national border demarcation and planting of national border marker-posts based on treaties on demarcation of the national border concluded between the Socialist Republic of Vietnam and neighboring countries; to direct and guide ministries, ministerial-level agencies, related agencies and localities in performing the border management and protection, and request them to regularly or irregularly report thereon;

dd/ To submit to the Prime Minister for solution, or provide guidance according to its competence on the solution of problems which have arisen in operations of ministries, ministerial-level agencies, related agencies and localities and are related to the sovereignty, sovereign rights and rights to national jurisdiction over air space, sea areas, mainland, islands and continental shelf of Vietnam.

19. Regarding the management of overseas Vietnamese representative missions:

a/ To take responsibility before the Government for the state management of overseas Vietnamese representative missions; to direct and inspect the realization of the State’s external guidelines and policies and the performance of functions and tasks of overseas Vietnamese representative missions and their staffs in accordance with law;

b/ To implement regulations on organizational structure and state payrolls of overseas Vietnamese representative missions;

c/ To appoint and relieve from duty, appoint and recall staff members of overseas Vietnamese representative missions in accordance with law;

d/ To guide, manage and use assets, physical and technical facilities and funds of overseas Vietnamese representative missions in accordance with law.

20. Regarding the management of external activities of overseas representatives of agencies and organizations of the Socialist Republic of Vietnam (below collectively referred to as overseas Vietnamese agencies and organizations) and Vietnamese delegations sent to work abroad:

a/ To guide and inspect the realization of the State’s guidelines and policies, the performance of tasks and exercise of powers by overseas Vietnamese agencies and organizations in accordance with law;

b/ To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies and related agencies in, supporting and creating conditions for overseas Vietnamese agencies and organizations in performing their functions and tasks and exercising their powers in accordance with the Vietnamese law, laws of host countries and international law.

21. To manage the operation of Vietnam-based diplomatic missions, consular offices, honorary consulates and representative agencies of inter-governmental international organizations in accordance with Vietnamese and international laws.

22. To manage foreign non-governmental organizations in Vietnam; to grant, extend, modify and revoke registration certificates of these organizations in accordance with law.

23. Regarding the work of treaties and international agreements:

a/ To perform the state management of treaties and international agreements;

b/ To consider proposals of ministries, ministerial-level agencies and related agencies for conclusion of, and accession to, treaties before submitting them to the Government;

c/ To assume the prime responsibility for, and coordinate with the Ministry of National Defense, the Ministry of Public Security and related agencies and organizations in, proposing the negotiation of treaties on war, peace and national sovereignty;

d/ To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies and related agencies in, assessing the compatibility of proposals for formulation of laws, ordinances or decrees with relevant treaties to which the Socialist Republic of Vietnam is a contracting party;

dd/ To assume the prime responsibility for, and coordinate with related agencies and organizations in, building and operating the Socialist Republic of Vietnam’s database on treaties.

24. To assume the prime responsibility for, and coordinate with related agencies and organizations in, formulating and implementing Vietnamese guidelines and policies in multilateral forums on international law development.

25. To manage its own organizational structure and cadres, civil servants, public employees and workers and their state payrolls; to implement regulations on salaries and other regimes and policies toward cadres, civil servants, public employees and employees under its management in accordance with law.

26. To inspect and examine the implementation of the laws concerning the fields under its state management; to organize the reception of citizens, settlement of complaints and denunciations; to prevent and combat corruption and wastefulness and handle law violations in the fields under its state management in accordance with law.

27. To manage and use allocated finance, assets and physical and technical facilities and equipment and budgets in accordance with law.

28. To decide on and direct the implementation of its administrative reform program under the programs and plans on state administrative reform approved by the Government and Prime Minister.

29. To provide public non-business services in the fields under its state management in accordance with law.

30. To perform other tasks and exercise other powers assigned or vested by the Government or Prime Minister, or as prescribed by law.

Article 3. Organizational structure

1. The ASEAN Department.

2. The Europe Department.

3. The Department for the Americas.

4. The Northeast Asia Department.

5. The Southeast Asia, South Asia and South Pacific Department.

6. The Department for Middle East and Africa.

7. The Policy Planning Department.

8. The International Organizations Department.

9. The International Law and Treaty Department.

10. The Department for Multilateral Economic Cooperation.

11. The Economic Affairs Department.

12. The Cultural Diplomacy and UNESCO Department.

13. The Department for Information and Press.

14. The Department of Emulation and Commendation and Diplomacy Tradition.

15. The Organization and Personnel Department.

16. The Office.

17. The Inspectorate.

18. The Department for Information Security.

19. The Foreign Affairs Department.

20. The Department for Consular Affairs.

21. The State Protocol Department.

22. The Administrative and Financial Department.

23. The Ho Chi Minh City Department for Foreign Affairs.

24. The State Commission for Overseas Vietnamese Affairs.

25. The National Boundary Commission.

26. The Diplomatic Academy of Vietnam.

27. The Word & Vietnam Report.

28. The Foreign Press Center.

29. The National Translation and Interpretation Center.

30. The Information Center.

31. Overseas Vietnamese representative missions.

The units referred to in Clauses 1 thru 25 of this Article shall assist the Minister in performing the state management function; the units referred to in Clauses 26 thru 30 are public non-business units attached to the Ministry.

The units referred to in Clause 31 of this Article are overseas Vietnamese representative missions established by the Government and directly managed by the Ministry of Foreign Affairs.

The Europe Department and the Organization and Personnel Department have 6 divisions; the International Law and Treaty Department, 4; the Department for the Americas, the Northeast Asia Department, the Southeast Asia, South Asia and South Pacific Department and the Department for Middle East and Africa, 3; the Inspectorate, 2; and the Office, 9.

The Department for Consular Affairs has 9 divisions; the Administrative and Financial Department, 8; the Ho Chi Minh City Department for Foreign Affairs, 6; the Department for Information Security and the State Protocol Department, 4; and the Foreign Affairs Department, 3.

The Minister of Foreign Affairs shall submit to the Prime Minister regulations on the functions, tasks, powers and organizational structures of the State Commission for Overseas Vietnamese Affairs, the National Boundary Commission and the Diplomatic Academy of Vietnam; and submit to the Prime Minister for promulgation a list of other public non- business units attached to the Ministry.

The Minister of Foreign Affairs shall define the functions, tasks, powers and organizational structures of units attached to the Ministry other than those referred to in Clauses 24 thru 26 of this Article.

Article 4. Effect

1. This Decree takes effect on the date of its signing.

2. This Decree replaces the Government’s Decree No. 58/2013/ND-CP of June 11, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs.

Article 5. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies and organizations shall implement this Decree.-

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc