Decision No. 30/2003/QD-TTg dated February 21, 2003 of the Prime Minister promulgating the working regulation of the Government delegation for international economic-trade negotiations

DECISION

PROMULGATING THE WORKING REGULATION OF THE GOVERNMENT DELEGATION FOR INTERNATIONAL ECONOMIC-TRADE NEGOTIATIONS

THE PRIME MINISTER

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

Pursuant to the Prime Minister’s Decision No. 116/1998/QD-TTg of July 8, 1998 on the establishment of the Government Delegation for International Economic-Trade Negotiations;

At the proposals of the chairman of the National Committee for International Economic Cooperation, the Minister of Trade and the head of the Government Delegation for Economic-Trade Negotiations,

DECIDES:

Article 1.- To promulgate together with this Decision the Working Regulation of the Government Delegation for International Economic-Trade Negotiations.

Article 2.- This Decision takes effect 15 days after it is published on the Official Gazette.

Article 3.- The chairman of the National Committee for International Economic Cooperation, the ministers and the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the head and members of the Government Delegation for International Economic-Trade Negotiations shall have to implement this Decision.

WORKING REGULATION

OF THE GOVERNMENT DELEGATION FOR INTERNATIONAL ECONOMIC-TRADE NEGOTIATIONS
(Promulgated together with the Prime Minister’s Decision No. 30/2003/QD-TTg of February 21, 2003)

Article 1.- Functions of the Government Delegation for International Economic-Trade Negotiations

The Government Delegation for International Economic-Trade Negotiations (hereinafter referred to as the Government Negotiation Delegation for short) has the function of preparing for and conducting negotiations for Vietnam’s accession to or signing of international treaties on trade under the Prime Minister’s decisions, focussing in the immediate future on negotiations for Vietnam’s admission to the World Trade Organization (WTO).

Article 2.- Tasks of the Government Negotiation Delegation

The Government Negotiation Delegation shall perform the following tasks:

1. To take part in the preparation for and contribute its comments to overall negotiation plans to be submitted to the Prime Minister for approval before conducting official negotiations;

2. To prepare for and conduct negotiations within the framework of negotiation plans already approved by the Prime Minister;

3. To make sum-up reports on results of the already conducted negotiations and to propose subsequent works to be done;

4. To coordinate with the ministries and branches in coordinating specialized plans in service of the work of negotiation and realization of negotiation results after such plans are considered and decided by the Prime Minister;

5. To prepare documents on recognizing negotiation results;

6. To carry out other works under the direction of the Prime Minister and the chairman of the National Committee for International Economic Cooperation (hereinafter referred to as the Committee for short).

Article 3.- The organizational structure of the Government Negotiation Delegation

The Government Negotiation Delegation is composed of: The head, deputy heads, members, technical assistance group and secretariat.

Article 4.- The head of the Government Negotiation Delegation

The head of the Government Negotiation Delegation, who is a Vice Minister of Trade, and concurrently the general secretary of the Committee, shall be appointed by the Prime Minister and answerable to the Prime Minister for preparing for and conducting negotiations.

The head of the Government Negotiation Delegation has the following tasks and powers:

1. To direct the formulation and organize the implementation of annual working plans of the Government Negotiation Delegation;

2. To organize and assign tasks to the members of the Government Negotiation Delegation, then submit them to the Committee’s chairman for approval;

3. To sum up plans and direct negotiation modes on the basis of negotiation plans already approved by the Prime Minister;

4. To administer the negotiation, act as the official spokesman of the Negotiation Delegation and take responsibility for the negotiation work;

5. To request the concerned ministries, branches and/or agencies to prepare and supply necessary documents in service of the negotiations according to the schedule;

6. To report to the Prime Minister and the Committee’s chairman on the results of negotiation sessions, and suggest subsequent works to be implemented;

7. To comment on the work performance by the members of the Government Negotiation Delegation.

Article 5.- The deputy-heads of the Government Negotiation Delegation

The deputy-heads of the Government Negotiation Delegation, who are departmental-level officials of the concerned ministries and branches, shall be appointed and removed from office by the Committee’s chairman at the proposals of the Delegation’s head- cum-the Committee’s general secretary.

The deputy-heads of the Government Negotiation Delegation have the following tasks:

1. To take charge of a number of specialized works of the Government Negotiation Delegation under the assignment by the Delegation’s head;

2. To chair separate negotiations under the assignment by the Delegation’s head;

3. To assist the Delegation’s head in performing a number of tasks prescribed in Article 4 of this Regulation when being authorized by the head.

Article 6.- The members of the Government Negotiation Delegation

1. The members of the Government Negotiation Delegation, who are departmental-level officials, represent the ministries and branches involved in the negotiations and are nominated by such ministries and branches to assume the specialized tasks in the Government Negotiation Delegation and approved by the Committee’s chairman;

2. The ministries and branches nominating their officials to participate in the Negotiation Delegation shall have to create all favorable conditions for such officials to participate in preparing for and conducting the negotiations: Sparing adequate time, supply necessary materials and guidance, maintaining such officials’ regular participation in the Delegation. If, in case of necessity, they are transferred to other jobs, the Prime Minister’s permission therefor is required and there must be satisfactory substitutes;

3. The members of the Negotiation Delegation shall act as coordinators in specialized domains under the management of their respective ministries and branches and be answerable to the heads of their managing units and the head of the Government Negotiation Delegation for negotiation contents related to such specialized domains.

4. To perform other tasks related to the negotiations under the assignment by the Delegation’s head.

Article 7.- The technical assistance group

The members of the technical assistance group are specialists from a number of concerned ministries and branches and nominated by the latter at the proposals of the head of the Government Negotiation Delegation.

The members of the technical assistance group are tasked to render technical and professional assistance to the Government Negotiation Delegation under the assignment by the Delegation’s head.

The concerned ministries and branches shall have to ensure working conditions for the members of the technical assistance group as for the members of the Negotiation Delegation.

Article 8.- The secretariat of the Government Negotiation Delegation

The secretariat is a specialized section to assist the Government Negotiation Delegation and attached to the Committee’s Office.

The secretariat has the following tasks:

1. To assist the Delegation’s head in preparing working plans of the Government Negotiation Delegation and urge the members of the Negotiation Delegation to perform their assigned tasks according to the set schedule;

2. To estimate and manage the operation funding of the Government Negotiation Delegation; provide logistics for negotiations at home and abroad;

3. To keep negotiation documents; make minutes and submit reports on results of negotiation sessions to the competent authorities; prepare relevant documents;

4. To coordinate with the technical assistance group in performing tasks assigned by the Delegation’s head.

Article 9.- Mechanism for work coordination

1. Preparation for negotiations:

a/ The ministries and branches assigned to act as main coordinators in fields of tariff, non-tariff, services, industrial property and other fields, shall assume the prime responsibility for elaborating and submitting the final committed schemes to the Prime Minister for consideration and decision;

b/ For each specific negotiation round:

- The ministries and branches shall, under the Prime Minister’s assignment, send to the Ministry of Trade negotiation plans regarding the domains under their management for being synthesized into a general plan to be submitted to the Prime Minister for consideration and decision. The Committee’s chairman shall have to assist the Prime Minister in examining such plans;

- Basing himself/herself on the already approved plan, the Government Negotiation Delegation’s head shall work out plans for negotiation with each partner. For matters falling beyond the approved scope, the Delegation’s head shall consult with the concerned ministries’ and branches and report such to the Committee’s chairman for their subsequent submission, if necessary, to the Prime Minister for decision.

c/ The ministries and branches shall have to supply sufficient relevant information to the Government Negotiation Delegation when so requested.

2. In the negotiation process:

a/ The Delegation’s head shall assume the prime responsibility for negotiation and act as the Delegation’s official spokesman. The Delegation’s members shall voice their opinions only when so appointed or authorized by the Delegation’s head;

b/ During the negotiations with partners, except for the Delegation’s head, other members shall not be allowed to speak out their opinions and decide on any proposals of negotiation partners. They may only give technical explanations of matters in specialized fields they are in charge of, under the assignment by the Delegation’s head;

c/ For matters on which the opinions remain divergent between the Delegation’s head and members being representatives of the ministries and branches, the Delegation’s head shall have the right to make decisions thereon and be answerable to the Prime Minister for his/her decisions. The members representing the concerned ministries and branches may reserve their opinions and explicitly report them to the Delegation’s head at the Delegation’s nearest internal meeting, without debating them with the Delegation’s head or other members in the negotiation process. Such reserved opinions must be reported to the leaders of their managing agencies as soon as possible for solution. In cases where the managing agencies’ leaders have opinions still different from those of the Delegation’s head, such opinions shall be submitted by the heads of such agencies to the Prime Minister for consideration and decision.

d/ The Delegation’s head must ensure the quickest communication of information on all matters related to the negotiation to the members.

3. After each negotiation session:

a/ The Negotiation Delegation shall meet to review and appraise the negotiation results, clearly state the developments and remaining problems in the negotiation, the extent of performance of assigned tasks, prospects and propose measures to continue the negotiation for overcoming such remaining problems for reporting to the Prime Minister;

b/ The coordinating ministries and branches shall base themselves on the negotiation results and directions of the Committee’s chairman to make adjustments and/or amendments to their negotiation plans and send the finalized version thereof to the Ministry of Trade for synthesization into a general plan to be submitted to the Prime Minister for consideration and decision;

c/ The coordinating ministries shall gather and promptly send official requests of the countries to the concerned members, including those not directly participating in such negotiation session;

d/ Other documents received during the negotiation, if unnecessary to be notified during the negotiation process, shall be copied and sent to the members right after the negotiation concludes;

e/ The Delegation’s members shall have to keep the absolute confidentiality of information and documents related to the negotiations.

Article 10.- The working regime of the Government Negotiation Delegation’s members

1. The Government Negotiation Delegation’s members shall work on a part-time basis, absolutely abide by the assignment the Government Negotiation Delegation’s head and perform the specialized works according to the latter’s assignment.

2. The members participating in the negotiation sessions shall enjoy allowance regimes during the periods of preparing for and conducting negotiation sessions at home and abroad under the Prime Minister’s decisions at the Committee’s proposals.

3. The members of the Government Negotiation Delegation and the technical assistance group are given priority to participate in training courses, research projects and/or workshops at home and abroad.

Article 11.- Operation funding

The operation funding of the Government Negotiation Delegation shall be allocated from the State budget and incorporated in the general operation funding of the Committee.