Chương III Luật Cơ quan đại diện Việt Nam ở nước ngoài 2009: Tổ chức bộ máy, biên chế, kinh phí và trụ sở của cơ quan đại diện

Chapter III

ORGANIZATIONAL APPARATUS, PAYROLL, FUNDS AND HEAD OFFICES OF REPRESENTATIVE MISSIONS

Article 13. Establishment, suspension and termination of operation

1. Representative missions are established by the Government and directly managed by the Ministry of Foreign Affairs.

2. Based on operational requirements and foreign relations, on the basis of the agreement with receiving countries and international organizations and after consulting concerned ministries, the Ministry of Foreign Affairs shall propose the Government to decide on the establishment, suspension or termination of operation of representative missions.

3. After obtaining the Government's decision, the Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with concerned agencies in. organizing and completing necessary external formalities for the implementation of that decision.

Article 14. Organizational apparatus and payroll

1. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and relevant agencies in. formulating a scheme on the organizational apparatus and payroll norms of representative missions. The Minister of Foreign Affairs shall submit it to the Prime Minister for approval.

2. The payroll of a representative mission includes cadres, public employees and civil servants of the Ministry of Foreign Affairs and. based on working requirements, cadres, public employees and civil servants of some other relevant agencies who work under the secondment regime in accordance with law (below referred to as officials on secondment).

3. On the basis of the scheme approved by the Prime Minister and requirements for foreign activities and relations, after reaching agreements with relevant agencies, the Minister of Foreign Affairs shall decide on the organizational structure and personnel of each representative mission in charge of the following areas:

a/ Politics;

b/ Defense - security;

c/ Economy, trade, investment, tourism, labor and science and technology;

d/ Culture, information, press and education and training;

e/ Consular work and affairs of overseas Vietnamese communities;

f/ Administrative and protocol affairs,

Article 15. Funds

1. The State shall ensure necessary funds for representative missions to perform their assigned functions, tasks and powers.

2. Funds for representative missions shall be allocated from the state budget as follows:

a/ Funds for capital construction investment shall be allocated to the Ministry of Foreign Affairs for subsequent allocation to representative missions:

b/ Funds for regular operations shall be allocated to the Ministry of Foreign Affairs for subsequent allocation to representative missions, except those for defense-security activities;

c/ Funds for specialized operations shall be allocated to relevant agencies in charge of these operations. The Government shall specify this Point.

3. The allocation, management, use and finalization of funds of representative missions comply with law.

Article 16. Head offices and material foundations

1. Representative missions have their head offices in receiving countries or countries where receiving international organizations are headquartered. The national flag and emblem of the Socialist Republic of Vietnam must be hung at head offices of representative missions, which also have their name plates.

2. The State shall ensure conditions regarding head offices, material and technical foundations and necessary equipment and facilities for representative missions and their members to perform their assigned functions, tasks and powers. Representative missions are equipped with separate information and communication systems for use to maintain regular and confidential communication with competent agencies and organizations.

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