Nghị định 81/2022/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Ngoại giao

DECREE

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

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

Pursuant to Decree No. 123/2016/ND-CP dated September 01, 2016 of the Government of Vietnam on functions, tasks, powers and organizational structure of ministries and ministerial agencies; Decree No. 101/2020/ND-CP dated August 28, 2020 amending certain Articles of Decree No. 123/2016/ND-CP;

At the request of the Minister of Foreign Affairs;

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

Article 1. Functions 

The Ministry of Foreign Affairs is the central government institution charged with leading the foreign affairs of Vietnam, including: affairs related to diplomacy, borders, national territory, affairs related to the Overseas Vietnamese community, international treaties, international agreements, management of representative missions of the Socialist Republic of Vietnam abroad (hereinafter referred to as “overseas Vietnamese representative missions”) and activities of foreign representative missions in Vietnam; state management of public services in areas under state management of the Ministry of Foreign Affairs in accordance with laws.

Article 2. Tasks and powers

The Ministry of Foreign Affairs shall perform their tasks and powers according to regulations in Decree No. 123/2016/ND-CP dated September 01, 2016 of the Government of Vietnam on functions, tasks, powers and organizational structure of ministries and ministerial agencies; Decree No. 101/2020/ND-CP dated August 28, 2020 amending certain Articles of Decree No. 123/2016/ND-CP and the following specific tasks and powers:

1. Introduce bills, draft resolutions of the National Assembly, ordinance projects, draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government according to annual programs and law-making plans of the Government, resolutions, projects and schemes as assigned by the Government or the Prime Minister to the Government.

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

3. Submit draft decisions, directives and other documents on sectors and fields under the state management of the Ministry of Foreign Affairs or as assigned by the Government or the Prime Minister to the Prime Minister.

4. Promulgate circulars and other documents on state management of sectors and fields under state management of the Ministry of Foreign Affairs.

5. Provide direction, guidance, inspection and organization of implementation of legislative documents, strategies, master plans, plans and national target programs under the state management of the Ministry of Foreign Affairs after being approved; inform, disseminate, organize legal education, monitor the law enforcement situation in sectors and fields under the state management of the Ministry of Foreign Affairs.

6. Regarding uniform management of foreign affairs in accordance with provisions of laws:

a) Assume responsibility for consolidating and developing annual and long-term plans on foreign affairs of Party and State leaders; organize implementation of foreign affairs of Party and State leaders according to regulations and decentralization in management;

b) Take charge and cooperate in formulating policies for election at international organizations and multilateral mechanisms; guidelines for organization of significant international events of politics, foreign affairs and establishment of representative offices of international organizations in Vietnam in accordance with laws, and report them to competent agencies for approval;

c) Consolidate plans and urge foreign affairs of ministries, ministerial agencies, relevant agencies and local authorities; provide guidance on implementation of foreign affairs and request ministries, ministerial agencies, relevant agencies and local authorities to periodically and ad hoc report the implementation thereof;

d) Plan and organize professional training and guidance on foreign affairs and international integration in accordance with laws;

dd) Advise, standardize and uniformly manage the use of foreign languages commonly used in high-level political and diplomatic activities of the Party and the State.

7. Manage international conferences and seminars organized in Vietnam under its state management according to regulations of law; annually report the organization of conferences and seminars in Vietnam to the Prime Minister of Vietnam.

8. Take charge and cooperate in researching, consolidating and proposing problems related to the protection of the State's sovereignty and interests, the legitimate rights and interests of Vietnamese organizations and citizens in foreign countries according to the regulations of Vietnamese laws, international laws and the Prime Minister's assignment.

9. Regarding strategic forecasting and research work:

a) Promptly provide information and advices to the Government and the Prime Minister about issues related to world situation and international relations of Vietnam;

b) Preside over researching, consolidating and proposing forecasts and strategies related to the world situation, international relations, international law, Vietnam's political, economic and cultural relations and other fields under state management of the Ministry of Foreign Affairs;

c) Preside over preparing and developing reports of the Government at the National Assembly's sessions on the international situation and diplomatic relations of the Party and State of Vietnam.

10. Regarding representation in foreign affairs of Vietnam:

a) Represent Vietnam in diplomatic relations with nations and intergovernmental international organizations; conduct foreign affairs of state according to regulations of laws;

b) Appeal to the Government of Vietnam to set up, change levels or suspend diplomatic and consular relations with nations and intergovernmental international organizations; conduct foreign affairs of state according to regulations of laws; establish, suspend or terminate affairs of overseas Vietnamese representative missions in accordance with laws;

c) Petition the Prime Minister to appeal to the Standing Committee of National Assembly to approve appointment or dismissal of the Ambassador Extraordinary and Plenipotentiary; petition the Prime Minister to appeal to the President to decide appointment or recall of the Ambassador Extraordinary and Plenipotentiary, representative of the President in international organizations;

d) Appoint or recall Vietnam's permanent representatives in international organizations, except the case specified at Point c of this Clause; heads of overseas Vietnamese consulates; decide to appoint or dismiss Vietnamese honorary consuls in foreign countries.

11. Regarding state protocol:

a) Perform the state management of diplomatic ceremonials, diplomatic privileges and immunities as prescribed by laws; provide guidance and management of the exercise of diplomatic privileges and immunities and performance of diplomatic ceremonials by foreign representative missions in Vietnam and overseas Vietnamese representative missions in accordance with Vietnamese laws and international laws and practices;

b) Approve diplomats of foreign countries and international organizations in Vietnam and overseas Vietnamese diplomats;

c) Prepare and serve Vietnam’s high-ranking delegations with visits to international countries or conferences; welcome Vietnam’s high-ranking delegations, international organizations to visit Vietnam according to regulations of laws;

d) issue identity cards to members of foreign diplomatic missions, consulates, honorary consulates, representative offices of international organizations in Vietnam and their family members in accordance with regulations of laws.

12. Regarding economic diplomacy:

a) Build appropriate multilateral and bilateral relations between politics and laws in order to promote Vietnam's foreign trade and international economic integration;

b) Research, forecast and inform international economic issues and international economic relations; cooperate in providing and developing policies in service of economic development and international economic integration; handle arising issues related to  foreign trade and mobilize politics and diplomacy to support foreign trade as assigned by the Government and the Prime Minister of Vietnam;

c) Preside over the formulation of policies and plans on economic diplomacy; support ministries, central and local authorities, enterprises and people in formulating and implementing programs and plans for economic diplomacy activities, expanding and improving the efficiency of international economic cooperation in accordance with regulations of laws.

13. Regarding cultural diplomacy:

a) Develop legal bases and policies on cultural diplomacy; advise handling arising issues related to cultural diplomacy as assigned by the Government and the Prime Minister of Vietnam;

b) Preside over the development and execution of cultural diplomacy programs and activities at home and abroad under the state management of the Ministry of Foreign Affairs;

c) Work as a Chairman and Secretariat of the Vietnam National Commission for UNESCO; as a permanent member of the Vietnam National Commission for UNESCO.

14. Regarding external information:

a) Preside over the dissemination of external activities;

b) Preside over the monitoring, research and summary of public opinions of the foreign press in service of external information;

c) Express Vietnam's official views and stances on external issues; organize international press conferences within the jurisdiction of the Ministry of Foreign Affairs and in accordance with law; preside over the preparation of interview answers related to external issues for leaders of the Party and State;

d) Manage and license the information and press of the foreign press in Vietnam and that accompanying foreign delegations to visit Vietnam under competence of the Ministry of Foreign Affairs and in accordance with regulations of laws;

dd) Manage the Web Portal of the Ministry of Foreign Affairs and overseas Vietnamese representative missions in service of external information.

15. Regarding consular work:

a) Protect state interests, legal rights and benefits of overseas Vietnamese citizens and legal persons according to regulations of Vietnamese laws and international laws;

b) Apply consular legalization, consular certification, mandate, civil status, nationality, adoption, exit and entry of Vietnamese citizens and foreigners subject to the management of the Ministry of Foreign Affairs in accordance with laws;

c) Manage and direct consular work of overseas Vietnamese consulates, overseas Vietnamese honorary consulates, foreign affairs agencies of provinces and central-affiliated cities in accordance with laws.

d) Perform another consular work according to regulations of laws, assignments of the Government, Prime Minister and international treaties to which Vietnam is a signatory.

16. Regarding the migration of Vietnamese citizens to foreign countries:

a) Preside over the formulation of policies on international migration and measures to promote legal, safe and orderly migration in accordance with Vietnam’s conditions and international practices;

b) Preside over the instruction and inspection of work related to the migration of Vietnamese citizens to foreign countries.

17. Regarding work for overseas Vietnamese:

a) Preside over the study and summary of situations, proposal and implementation of policies for overseas Vietnamese;

b) Preside over the instruction and inspection of work performance for overseas Vietnamese;

c) Encourage unity of overseas Vietnamese nationals, mobilize and support overseas Vietnamese to attract and develop them; organize, support and guide overseas Vietnamese organizations and individuals in their contacts with Vietnam and vice versa for contributing to the development of Vietnam;

d) Support and enable overseas Vietnamese to stabilize their lives, integrate into the social life of their host countries, preserve and promote the culture, language and fine traditions of Vietnam.

18. Regarding national borders and territory: take charge and cooperate with ministries, ministerial agencies, related agencies and local authorities as prescribed by law:

a) Propose policies, strategies and measures and carry out researches, syntheses and assessment of situations of national borders and territory in the mainland, islands, airspace and territorial waters of Vietnam; settle legal disputes over borders and territory; struggle for political, foreign and legal affairs, and public opinions to provide protection of national borders, territorial integrity, sovereignty, sovereign rights and jurisdiction of Vietnam in the mainland, islands, airspace and territorial waters of Vietnam;

b) Advise on and propose determining national borders, territorial integrity, sovereignty, sovereign rights and jurisdiction of Vietnam in the mainland, islands, airspace and territorial waters of Vietnam;

c) Advise on, propose and organize negotiations on forming national borders and territory; determining boundaries of Vietnam's airspace and territorial waters with related neighboring countries; signing, cooperating in and implementing international treaties concerning national borders and territory with the related countries; requesting ministries, ministerial agencies, related agencies and local authorities to regularly or irregularly report on the border management and protection;

d) Advise and propose the development and implementation of policies, strategies and programming of the national land-border checkpoint system; advise the Government on the opening and upgrading of land border checkpoints and measures to be taken to protect the stability and clarity of border lines and national border markers; build the national land border database.

19. Regarding management of overseas Vietnamese representative missions:

a) Take responsibility before the Government for performing the state management of overseas Vietnamese representative missions; direct and inspect the implementation of the State's foreign policies and the performance of functions and tasks of overseas Vietnamese representative missions and members of overseas Vietnamese representative missions according to regulations of the Law;

b) Comply with regulations of the law on organization and personnel of Vietnamese diplomatic missions;

c) Appoint, relieve from duty and summon members of overseas Vietnamese representative missions in accordance with law, except for members of the representative missions specified at point 10 of this Article;

d) Guide and organize management and use of property, technical facilities and expenditures of overseas Vietnamese representative missions in accordance with law.

20. Regarding management of foreign affairs of representatives of overseas missions and organizations of the Socialist Republic of Vietnam (hereinafter referred to as “overseas Vietnamese agencies and organizations”):

a) Guide and inspect the implementation of policies of the State, tasks and powers of overseas Vietnamese missions and organizations in accordance with law;

b) Preside over the support for and facilitation of performance of functions, tasks and powers of overseas Vietnamese missions and organizations in accordance with Vietnamese law and laws of to host countries and international law.

21. Manage operations of foreign diplomatic missions, consulates and honorary consulates and representative offices of intergovernmental international organizations located in Vietnam in accordance with regulations of Vietnamese law and international law.

22. Manage foreign non-governmental organizations in Vietnam; grant, renew, amend and revoke registration certificates of foreign non-governmental organizations in Vietnam in accordance with law.

23. Regarding international treaties and agreements:

a) Perform state management of international treaties and agreements:

b) Review proposals to conclude and join international treaties of ministries, ministerial agencies and related agencies before submitting them to the Government and asking for comments on international agreements proposed by other ministries, ministerial agencies and other related agencies according to the regulations;

c) Preside over the provision of advice, researches and proposals on the negotiation of international treaties related to war, peace, national sovereignty in accordance with law;

d) Take charge or cooperate in reviewing and comparing the final documents of treaties, and cooperate with foreign parties in organizing international treaty signing ceremonies during visits of high-ranking Vietnamese delegations to foreign countries or of high-ranking foreign delegations to Vietnam, unless there are other agreements with these foreign parties or other decisions of competent state agencies;

dd) Comment and evaluate the compatibility of proposals for formulation of laws, ordinances and decrees with relevant international treaties to which the Socialist Republic of Vietnam is a signatory in accordance with law;

e) Preside over formulation and operation of database on international treaties of the Socialist Republic of Vietnam.

24. Preside over formulation and implementation of Vietnamese policies in multilateral forums on development of international law.

25. Manage its organizational apparatus, payroll and working positions, implement policies on salary, training, emulation, reward and discipline and other policies for officials and public employees and laborers under its management in accordance with law.

26. Inspect and examine the implementation of laws in the fields under its state management; receive citizens, settle complaints and denunciations; prevent and combat corruption and waste and handle violations of law in the fields under its state management in accordance with law.

27. Manage and organize the implementation of state finance- and property-related works as well as basic construction investment under its management.

28. Manage and organize the performance of tasks of administrative reform, digital transformation, and application of technology to the development of e-Government, digital government, diplomatic cipher, information security and safety under its management according to resolutions, programs and plans approved by the Government and the Prime Minister of Vietnam and according to regulations of law.

29. Provide public services in the fields under its state management in accordance with law.

30. Perform other tasks and entitlements assigned by the Government and Prime Minister or according to regulations of law.

Article 3. Organizational structure

1.  Europe Department.

2. Americas Department.

3. North East Asia Department.

4. South East Asia - South Asia - South Pacific Department.

5. Middle East - Africa Department.

6. Policy Planning Department.

7.  Economic Affairs Department.

8. ASEAN Department.

9. International Organizations Department.

10. Multilateral Economic Cooperation Department.

11. Cultural Diplomacy and UNESCO Affairs Department.

12. Law and International Treaties Department.

13. Department of Diplomatic Translation and Interpretation.

14. Press and Information Department.

15. Personnel and Organization Department.

16. Office of the Ministry.

17. Inspection Department.

18. Information Safety - Information Technology Department.

19. Consular Department.

20. State Protocol Department.

21. Department of Foreign Affairs Provincial.

22. Administrative and Financial Department.

23. Ho Chi Minh City’s Department for External Relations.

24. National Border Committee.

25. National Border Committee.

26. Diplomatic Academy of Vietnam.

27. Viet Nam and the World Report.

28. Overseas Representative Missions of Viet Nam.

The organizations prescribed in Clauses 1 through 25 of this Article shall assist the Minister of Foreign Affairs in performing the state management functions; the organizations referred to in Clauses 26 through 27 of this Article are public service providers of the Ministry of Foreign Affairs.

The organizations specified in Clause 28 of this Article are overseas Vietnamese representative missions established by the Government of Vietnam and directly managed by the Ministry of Foreign Affairs.

The Europe Department may organize 5 divisions; the Personnel and Organization Department, the Law and International Treaties Department may organize 4 divisions; the Americas Department, the North East Asia Department, the South East Asia - South Asia - South Pacific Department, and the Middle East - Africa Department may organize 3 divisions.

The Minister of Foreign Affairs shall appeal to the Prime Minister to define the functions, tasks, powers and organizational structures of the Committee of Overseas Vietnamese, the Committee of National Border and the Diplomatic Academy of Vietnam; and appeal to the Prime Minister to promulgate a list of other public service providers of the Ministry of Foreign Affairs.

The Minister of Foreign Affairs shall define the functions, tasks, powers and organizational structures of its attached organizations, except those referred to in Clauses 24 through 26 of this Article.

Article 4. Effect and implementation responsibility

1. This Decree comes into force from December 01, 2022.

2. This Decree shall replace the Government's Decree No. 26/2017/ND-CP dated March 14, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Foreign Affairs and the Government's Decree No. 29/2020/ND-CP dated March 03, 2020 on amendments to Article 3 of the Government's Decree No. 26/2017/ND-CP dated March 14, 2017.

3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities and relative agencies and organizations are responsible for implementation of this Decree.