Decree No. 15/2008/ND-CP dated February 04, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs

DECREE

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

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government:

Pursuant to the Government s Decree No. 178/ 2007/ND-CP of December 3, 2007. defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies:

At proposals of the Minister of Foreign Affairs and the Minister of Home Affairs.

DECREES:

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, the community of overseas Vietnamese, the conclusion and implementation of international treaties and agreements, management of overseas representative offices of the Socialist Republic of Vietnam and operation of foreign representative offices in Vietnam; the state management of public services in domains within the scope of its state management in accordance with law.

Article 2. Tasks and powers

The Ministry of Foreign Affairs shall perform the tasks and exercise the powers provided for in the Governments Decree No. 178/2007/ND-CP of December 3, 2007. defining functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specifictasks and powers:

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

2. To submit to ihe Prime Minister long-term, five-year and annual development strategies, plannings and planning and national target programs, important programs and projects of the sector, draft decisions and directives of the Prime Minister in domains under its state management.

3. To propose to the Government or the Prime Minister for decision the establishment, change of level or discontinuation of diplomatic or consular relations with foreign countries and inter-governmental organizations, the establishment or termination of operation of overseas representative offices of the Socialist Republic of Vietnam (below referred to as overseas Vietnamese representative missions).

4. To promulgate decisions, directives and circulars within its state management scope;

5. To direct, guide, inspect and organize the implementation of strategies, plannings, plans, national target programs and other legal documents within its state management scope after they are approved; to inform, propagate, disseminate and educate about laws on domains under its state management.

6. To assume the prime responsibility for, and coordinate with concerned ministries, branches, localities and agencies in, elaborating external relation programs of the State and general programs on external relations of ministries, branches and localities: to guide the organization of external activities of concerned ministries, branches and localities, and request them to periodically or extraordinarily report on the actual situation of their external activities; to direct, guide and inspect ministries, ministerial-level agencies, government-attached agencies and provincial/ municipal Peoples Committees in uniformly implementing guidelines, policies and legal provisions concerning the States external activities and professional operations related to external activities.

7. To assume the prime responsibility for. and coordinate with concerned ministries and branches in, protecting rights and interests of the State, legitimate rights and interests of Vietnamese organizations and citizens in foreign countries under Vietnamese and international laws;

8. Regarding study and provision of advice on strategic forecasts:

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

b/ To assume the prime responsibility for studying, synthesizing and proposing forecasts and strategic issues related to the world situation, and Vietnams international relations and political, economic, cultural and international law relations;

c/ To organize scientific research into international relations; to research, review, compile and publish scientific research publications and works on external activities, the history of Vietnams and the worlds diplomacy and domains within its state management scope.

9. Regarding representation in state external activities:

a/ To propose the Prime Minister to propose to the State President the appointment and recall of plenipotentiary ambassadors and heads of permanent Vietnamese representative missions to the United Nations:

b/ To appoint and recall heads of permanent Vietnamese representative missions to inter-aovemmental organizations, heads of overseas Vietnamese consulates: to decide on appointment or dismissal of Vietnamese honorary consuls in foreign countries;

c/ To represent die State in diplomatic relations with foreign countries and inter-governmental organizations; and to carry out the States external activities.

10. Regarding the state protocol:

a/ To assume the prime responsibility for elaborating and proposing for promulgation, or promulgate according to its competence, provide, uniform guidance on, and inspect the implementation of. state protocol regulations and formalities in external activities;

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

c/ To assume the prime responsibility for making preparations for and serving high-level delegations of the State to visit foreign countries or attend international conferences, and in receiving high-level delegations of foreign countries and international organizations visiting Vietnam under the Governments regulations;

d/ To uniformly guide and manage the entitlement of privileges and immunities to overseas Vietnamese representative missions and Vietnam-based foreign representative offices in accordance with Vietnamese law and international law and practice:

dd/ To organize and attend international conferences and workshops on domains under its management: to coordinate with ministries, branches and localities in guiding, inspecting and managing external activities in organizing international conferences and workshops.

11. Regarding diplomatic activities in service of economic development:

a/ To forge political relations and build appropriate bilateral and multilateral legal frameworks to promote Vietnams external economic and international economic integration activities:

b/To assume the prime responsibility for. and coordinate with other agencies in. studying the practical situation of external economic activities: supplying information and proposing guidelines and policies to serve economic development and solving arising problems related to external economic activities as assigned by the Government;

Click Download to see full text