Nghị định 65/2021/NĐ-CP về quản lý và sử dụng kinh phí ngân sách nhà nước bảo đảm cho công tác điều ước quốc tế và công tác thỏa thuận quốc tế

NGHỊ ĐỊNH

VỀ QUẢN LÝ VÀ SỬ DỤNG KINH PHÍ NGÂN SÁCH NHÀ NƯỚC BẢO ĐẢM CHO CÔNG TÁC ĐIỀU ƯỚC QUỐC TẾ VÀ CÔNG TÁC THỎA THUẬN QUỐC TẾ

Căn cứ Luật Tổ chức Chính phủ ngày 19 tháng 6 năm 2015; Luật sửa đổi, bổ sung một số điều của Luật Tổ chức Chính phủ và Luật Tổ chức chính quyền địa phương ngày 22 tháng 11 năm 2019;

Căn cứ Luật Điều ước quốc tế ngày 09 tháng 4 năm 2016;

Căn cứ Luật Thỏa thuận quốc tế ngày 13 tháng 11 năm 2020;

Căn cứ Luật Ngân sách nhà nước ngày 25 tháng 6 năm 2015;

Theo đề nghị của Bộ trưởng Bộ Ngoại giao;

Chính phủ ban hành Nghị định về quản lý và sử dụng kinh phí ngân sách nhà nước bảo đảm cho công tác điều ước quốc tế và công tác thỏa thuận quốc tế.

DECREE

MANAGEMENT AND USE OF FUNDING FROM STATE BUDGET FOR TREATY-RELATED WORK AND INTERNATIONAL AGREEMENT-RELATED WORK

Pursuant to the Law on Government Organization dated June 19, 2015; Law on amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Treaties dated April 09, 2016;

Pursuant to the Law on International Agreements dated November 13, 2020;

Pursuant to the Law on State Budget dated June 25, 2016;

At the request of the Minister of Foreign Affairs;

The Government hereby promulgates a Decree on management and use of funding from state budget for treaty-related work and international agreement-related work.

Chapter I.

GENERAL

Article 1. Scope

This Decree provides for management and use of funding from state budget for treaty-related work under the Law on Treaties and international agreement-related work under the Law on International Agreements.

Article 2. Regulated entities

This Decree applies to organizations and individuals involved in the process of conclusion and implementation of treaties and international agreements under the Law on Treaties and the Law on International Agreements.

Article 3. Principles of management and use of funding from state budget for treaty-related work and international agreement-related work

1. Funding for treaty-related work and international agreement-related work shall be covered by the state budget and other sources in accordance with regulations of law.

2. The funding for treaty-related work and international agreement-related work to agencies must be allocated according to the policies and foreign affairs’ guidelines of the Communist Party and the State for the international cooperation within their assigned functions, tasks, and powers.

3. The funding from state budget for treaty-related work and international agreement-related work shall be included in the estimate of recurrent expenditures of the agencies in charge of treaty-related work and international agreement-related work within the current state budget in accordance with the Law on State Budget and documents elaborating thereon; expenditures on inspection and appraisal of treaties shall be separated from other expenditures.

4. The estimation, management, use and settlement of funding from state budget for treaty-related work and international agreement-related work shall comply with regulations of the Law on State Budget and documents elaborating thereon.

5. In case where treaty-related work and international agreement-related work are funded by Official Development Assistance (ODA) and grant aids not in the form of official development assistance and sponsorships of foreign non-governmental organization, other domestic and foreign organizations and individuals, the receipt, management and use of the funds in accordance with law on management and use of sources of funds.

Article 4. Sources of state budget for treaty-related work and international agreement-related work

1. Central government budget for treaty-related work and international agreement-related work includes:

a) Budget for treaty-related work and international agreement-related work of central regulatory agencies; general departments and departments affiliated to Ministries and ministerial agencies; agencies and units in the People’s Army and People’s Public Security Force;

b) Budget for provincial regulatory agencies for the purpose of carrying out international cooperation within the framework of the treaties or conducting international agreement-related activities as assigned by the State, the Government and/or the Prime Minister.

2. The local government budget shall cover international agreement-related work of provincial regulatory agencies and specialized agencies affiliated to provincial People’s Committees; district-level People’s Committees and commune-level People’s Committees in border areas in order to carry out international cooperation within their functions, tasks, and powers.

3. Funding for treaty-related work and international agreement-related work of central government agencies of organizations and provincial agencies of organizations shall be allocated from the state budget in case where those agencies carry out international cooperation within the framework of the treaties or as assigned by the State, the Government and/or the Prime Minister. In case where an international agreement is concluded by the central government agency of an organization to carry out another international cooperation, the funding for the work related to such international agreement shall be provided by the financial resource of such agency.

Chapter II.

SPECIFIC EXPENDITURES ON TREATY-RELATED WORK AND INTERNATIONAL AGREEMENT-RELATED WORK

Article 5. Specific expenditures on treaty-related work

1. Expenditures on studying and proposing negotiation, conclusion, ratification, approval, accession to, amendment, extension, termination, denunciation, withdrawal, suspension of the operation and reservation of a treaty include:

a) Buying and collecting materials directly related to the treaty;

b) Holding meetings, conventions and seminars to seek expert opinions;

c) Carrying out domestic and international practical survey(s); assessing the impact of the treaty on politics, national defense and security, economy - society and other impacts thereof; reviewing and comparing such treaty with domestic law and relevant treaties to which Vietnam is a signatory;

d) Preparing a draft of the treaty and draft of the amended treaty;

dd) Considering formulating plans for negotiation; formulating proposals for negotiation, conclusion, ratification, approval, accession to, withdrawal of reservations, withdrawal of objections to reservation, acceptance of or objection to reservations of the foreign contracting party, amendment, extension, termination, denunciation, withdrawal from and suspension of the operation of the treaty;

e) Formulating declarations or reservations in case of accession to a multilateral treaty;

g) Translating the treaty and relevant documents.

2. Expenditures on commenting on proposal for negotiation, conclusion, ratification, approval, accession to, amendment, extension, termination, denunciation, withdrawal from, suspension of the operation and reservation of a treaty include:

a) Buying and collecting materials directly related to the treaty;

b) Reviewing the extent of conformity between the treaty and regulations of Vietnamese law and relevant treaties;

c) Studying related domestic and international experiences and laws;

d) Holding meetings to seek expert opinions;

dd) Translating relevant documents;

e) Preparing commenting documents.

3. Expenditures on negotiation and conclusion of a treaty include:

a) Welcoming foreign negotiation delegates;

b) Conducting negotiation and conclusion of the treaty in Vietnam or in a foreign country;

c) Holding meetings of preparatory negotiation and making minutes of negotiation;

d) Reviewing the texts of the treaty concluded during a visit of a delegate of foreign senior leaders in Vietnam or a visit of a delegate of Vietnamese senior leaders in a foreign country;

dd) Translating relevant documents.

4. Expenditures on examination by the Ministry of Foreign Affairs and appraisal by the Ministry of Justice in terms of proposals for conclusion of and accession to a treaty include:

a) Buying and collecting materials directly related to the treaty;

b) Making independent assessment reports on the conformity between the treaty and regulations of Vietnamese law, compatibility between the treaty and relevant treaties as assigned by competent authorities;

c) Making examination reports and appraisal reports;

d) Translating relevant documents;

dd) Holding meetings to seek expert opinions;

e) Establishing an examination council and/or an appraisal council in the cases prescribed in Clause 3 Article 18 and Clause 3 Article 20 of the Law on Treaties.

5. Expenditures on verification by Foreign Affairs Committee of National Assembly, Office of the President and Office of the Government in terms of proposals for negotiation, conclusion, ratification, approval, accession to, amendment, extension, termination, denunciation, withdrawal from, suspension of the operation and reservation of a treaty include:

a) Buying and collecting materials directly related to the treaty;

b) Holding meetings to seek opinions;

c) Establishing a verification council if the treaty contains important and complex provisions;

d) Making verification reports.

6. Expenditures on depositary, keeping custody of, making certified copies of and publishing of a treaty include:

a) Deposit of a multilateral treaty;

b) Keeping custody of the treaty; decisions on negotiation and conclusion of the treaty; notifications of foreign affairs, instruments of ratification of and accession to the treaty; full powers for negotiation and signature of the treaty; credentials for participation in international conferences and other related instruments;

c) Making certified copies of the treaty;

d) Publishing the treaty on the web portal of the proposing agency and of the Ministry of Foreign Affairs;

dd) Issuing copies of the treaty;

e) Building and operating the database of Vietnamese treaties located at the Ministry of Foreign Affairs.

7. Expenditures on implementation of a treaty include:

a) Buying and collecting materials that directly serve the implementation of the treaty;

b) Formulating plans and schemes for implementation of the treaty;

c) Communication and dissemination of the treaty;

d) Translating materials that directly serve the implementation of the treaty;

dd) Making financial contributions or paying annual membership dues to international organizations established under a treaty to which Vietnam is a signatory;

e) Holding dialogue and conventions in Vietnam or attending overseas conventions in terms of implementation of the treaty;

g) Initiating duties of central government agencies in accordance with the treaty; agencies in charge of supervision of the implementation of the treaty as assigned by the Government and/or the Prime Minister;

h) Making and translating a national report on implementation of the multilateral treaty as prescribed by the treaty or requested by the competent authority; holding meetings, conferences and seminars to seek expert opinions about the national report and plan for cross assessment of national reports of other countries as prescribed by the treaty; making thematic reports and organizing implementation of the plan for carrying out international organizations and competent authorities’ recommendations concerning implementation of the treaty.

8. Expenditures on inspection, supervision and review of conclusion and implementation of a treaty include:

a) Making reports at the request of agencies and individuals that have the power to carry out supervision;

b) Inspecting and supervising the conclusion and implementation of the treaty;

c) Making reports and holding meetings about assessment of reports on inspection, supervision, and review of the conclusion and implementation of the treaty.

9. Expenditures on issuance of legal opinions to treaties, loan agreements and Government guarantees include:

a) Buying and collecting directly related materials;

b) Translating related materials serving issuance of legal opinions;

c) Drafting legal opinions;

d) Holding meetings to seek opinions about contents related to issuance of legal opinions.

10. Expenditures on production of statistics on and review of the treaty:

a) Buying and collecting directly related materials;

b) Translating relevant materials in service of the statistical production and review;

c) Organizing delegations to review the list, original and effect of the concluded treaty.

11. Other necessary expenditures directly serving treaty-related work.

Article 6. Specific expenditures on international agreement-related work

1. Expenditures on formulation of schemes and plans for negotiation, conclusion, amendment, extension, termination, withdrawal from and suspension of the operation of an international agreement include:

a) Buying and collecting materials directly related to the international agreement;

dd) Holding meetings to seek opinions;

c) Preparing a draft of the international agreement and draft of the amended international agreement;

d) Formulating proposals for conclusion, amendment, extension, termination, withdrawal from and suspension of the operation of the international agreement;

dd) Translating the international agreement and relevant documents.

2. Expenditures on commenting on proposal for negotiation, conclusion, amendments, extension, termination, temporary suspension of an international agreement include:

a) Buying and collecting materials directly related to the international agreement;

b) Reviewing and assessing the conformity between the international agreement and regulations of Vietnamese law and relevant treaties;

c) Holding meetings to seek opinions;

d) Translating relevant documents;

dd) Preparing commenting documents.

3. Expenditures on negotiation and conclusion of an international agreement include:

a) Welcoming foreign negotiation delegates;

b) Conducting negotiation and conclusion of the international agreement in Vietnam or in a foreign country;

c) Reviewing and comparing the texts of the international agreement concluded during a visit of a delegate of foreign senior leaders in Vietnam or a visit of a delegate of Vietnamese senior leaders in a foreign country;

d) Translating relevant documents.

4. Expenditures on implementation of an international agreement include:

a) Keeping custody of, making certified copies, publishing, communicating and disseminating the international agreement and publishing the international agreement on the web portal;

b) Making financial contributions under the international agreement;

c) Holding domestic or overseas meetings in terms of implementation of the international agreement;

d) Formulating plans for implementation of the international agreement.

5. Expenditures on inspection, supervision and review of conclusion and implementation of an international agreement include:

a) Making reports at the request of agencies and individuals that have the power to carry out supervision;

b) Inspecting and supervising the conclusion and implementation of the international agreement;

c) Making reports and holding meetings about assessment of reports on inspection, supervision and review of the conclusion and implementation of the international agreement.

6. Expenditures on production of statistics on and review of the international agreement:

a) Buying and collecting directly related materials;

b) Translating relevant materials in service of the statistical production and review;

c) Building and updating database of the international agreement;

d) Organizing delegations to review the list, original and effect of the concluded international agreement.

7. Other necessary expenditures directly serving international agreement-related work.

Chapter III.

IMPLEMENTATION CLAUSE

Article 7. Effect

1. This Decree comes into force from July 01, 2021.

2. The Government’s Decree No. 74/2016/ND-CP dated July 01, 2016 shall cease to have effect from the effective date of this Decree.

Article 8. Implementation

1. The Minister of Finance shall provide guidance on implementation of this Decree.

2. The Ministers, heads of ministerial agencies, heads of Governmental agencies, other central government agencies, Chairmen/Chairwomen of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree./.