| THE PRIME MINISTER | SOCIALIST REPUBLIC OF VIET NAM |
| No. 02/2008/QD-TTg | Hanoi, January 7, 2008 |
PROMULGATING THE REGULATION ON MANAGEMENT OF CONSTRUCTION INVESTMENT PROJECTS OF FOREIGN-BASED VIETNAMESE REPRESENTATIVE MISSIONS AND OTHER AGENCIES
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Construction Law;
At the proposal of the Minister of Foreign Affairs,
DECIDES:
Article 1. To promulgate together with this Decision the Regulation on management of construction investment projects of foreign-based Vietnamese representative missions and other agencies.
Article 2. This Decision takes effect 15 days after its publication in CONG BAO. All previous regulations which are contrary to the Regulation promulgated together with this Decision are annulled.
Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and concerned organizations and individuals shall implement this Decision.
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| PRIME MINISTER |
REGULATION
ON MANAGEMENT OF CONSTRUCTION INVESTMENT PROJECTS OF FOREIGN-BASED VIETNAMESE REPRESENTATIVE MISSIONS AND OTHER AGENCIES
(Promulgated together with the Prime Ministers Decision No. 02/2008/QD-TTg of January 7, 2008)
Article 1. Scope and objects of regulation
1. Scope: State budget-funded investment activities of foreign-based Vietnamese representative missions and other agencies.
2. Objects: State budget-funded or state budget-originated investment projects on construction, renovation or upgrade of existing working offices; or on purchase of houses or land for the construction of working offices or dwelling houses for staff members (below collectively referred to as investment projects on construction of working offices).
Article 2. Management principles
1. Investment projects on construction of working offices of foreign-based Vietnamese representative missions and other agencies must comply with this Regulation and Vietnams relevant legal provisions;
When there are different provisions on the same matter, the provisions of this Regulation and laws of host countries where exist investment projects prevail.
2. For investment projects on construction of working offices of other foreign-based Vietnamese agencies, the Foreign Affairs Ministrys written opinions on their investment guidelines are required before consultation with concerned ministries, ministerial-level agencies, government-attached agencies or other central agencies.
Article 3. Interpretation of terms
In this Regulation, the terms below are construed as follows:
1. Foreign-based representative missions of the Socialist Republic of Vietnam include diplomatic missions, permanent missions at inter-governmental international organizations and consulates. Representative missions shall perform the function of representing the VietnameseState in relations with host countries and international organizations within the ambit of their tasks and powers prescribed by law.
2. Other foreign-based Vietnamese agencies mean foreign-based Vietnamese agencies set up by ministries, ministerial-level agencies, government-attached agencies or other central agencies on the basis of agreement with concerned countries, which do not belong to organizational structures of foreign-based representative missions of the Socialist Republic of Vietnam.
3. Investors mean foreign-based representative missions of the Socialist Republic of Vietnam (below referred to as foreign-based Vietnamese representative missions) and other foreign-based Vietnamese agencies or their managing agencies, which are assigned to directly manage and use capital for investment in the construction of works and manage and use works after investment in accordance with Vietnamese law and laws of host countries where exist investment projects.
Article 4. Investment planning
1. Based on the States strategic orientations and long-term plans on international cooperation relations, the Ministry of Foreign Affairs, ministries, ministerial-level agencies, government-attached agencies or other central agencies shall draw up long- and medium-term (five-year) plans on investment in construction of working offices of foreign-based Vietnamese representative missions and other agencies.
Ministries, ministerial-level agencies, government-attached agencies or other central agencies long- and medium-term plans on investment in construction of working offices are classified into the following two kinds:
a/ Separate working offices with investment managed by ministries, ministerial-level agencies, government-attached agencies or other central agencies;
b/ Sections within foreign-based Vietnamese representative missions with investment managed by the Ministry of Foreign Affairs.
2. The-Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and the Ministry of Finance in, summing up long- and medium-term plans on investment in construction of working offices of foreign-based Vietnamese representative missions and other agencies, and submit them to the Prime Minister for approval.
3. Based on the Prime Minister-approved long- and medium-term plans on investment in construction of working offices of foreign-based Vietnamese representative missions and other agencies, ministries, ministerial-level agencies, government-attached agencies or other central agencies shall draw up annual plans on investment in construction of working offices according to their competence and current legal provisions
