Decree No. 104/2018/ND-CP dated August 08, 2018 of the Government on detailing a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam

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Decree No. 104/2018/ND-CP dated August 08, 2018 of the Government on detailing a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam
Issuing body: GovernmentEffective date:
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Official number:104/2018/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:08/08/2018Effect status:
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Fields:Foreign affairs

SUMMARY

To appoint a person surpasses the prescribed age for an ambassador extraordinary and plenipotentiary

On August 08, 2018, the Government issues the Decree No. 104/2018/ND-CP detailing a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam.

Accordingly, in case a person nominated to be an ambassador extraordinary and plenipotentiary surpasses the prescribed age for being appointed, he/she may be considered for appointment if meets all the following requirements:

- Conditions on personal capacity and prestige: An ambassador extraordinary and plenipotentiary shall be appointed in a special case if: Having profound knowledge about the host country or international organization; Having dominant prestige, experience and capacity in the field of external relations.

- Conditions on external relations requirements: An ambassador extraordinary and plenipotentiary shall be appointed in a special case in order to promote one or more than one particularly important sphere of cooperation; deal with one or more than one important issue that has profound impacts on Vietnam’s interests in the relationship between Vietnam and the host country or international organization…

- Conditions on working locations: An ambassador extraordinary and plenipotentiary shall be appointed in a special case to work in one of these locations: Countries bordering Vietnam or in the Southeast Asia region; Countries having strategic partnership or comprehensive partnership relationship with Vietnam, the United Nations…

This Decree takes effect on August 08, 2018.

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Effect status: Known

THE GOVERNMENT

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No. 104/2018/ND-CP

THE SOCIALISTREPUBLIC OF VIETNAM

Independence - Freedom – Happiness

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Hanoi, August 8, 2018

DECREE

Detailing a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 18, 2012 Labor Code;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the June 18, 2014 Law on Public Investment;

Pursuant to the June 18, 2009 Law on Overseas Representative Missions of the Socialist Republic of Vietnam and the November 21, 2017 Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam;

At the proposal of the Minister of Foreign Affairs;

The Government promulgates the Decree detailing a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam regarding the estimation, management, use and finalization of funds for regular operations and funds for specialized operations in the field of trade (below collectively referred to as funds for operations in the field of trade) at overseas representative missions of the Socialist Republic of Vietnam (below referred to as representative missions), management of investment projects at representative missions, and special cases of appointment of ambassadors extraordinary and plenipotentiary.

Article 2. Subjects of application

This Decree applies to representative missions and related agencies, organizations and individuals.

Chapter II

ESTIMATION, MANAGEMENT, USE AND FINALIZATION OF FUNDS FOR OPERATIONS OF THE MINISTRY OF INDUSTRY AND TRADE IN THE FIELD OF TRADE AT REPRESENTATIVE MISSIONS

Article 3. Funds for operations in the field of trade at representative missions

Funds for operations in the field of trade of the Ministry of Industry and Trade at representative missions shall be included in fund estimates of the Ministry of Industry and Trade.

Article 4. Estimation, allocation and assignment of fund estimates and finalization of funds for operations in the field of trade at representative missions

1. Estimation of funds

Annually, at the time of formulating state budget estimates, the Ministry of Industry and Trade shall base itself on the current spending regimes and guidelines on formulation of state budget estimates issued by the Ministry of Finance as well as plans and tasks to be performed in the field of trade at representative missions in the planning year to formulate estimates of funds for operations in the field of trade and include them in the state budget estimates of the Ministry of Industry and Trade, then send them to the Ministry of Finance for summarization and submission to a competent authority for decision and inclusion in the state budget estimates of the Ministry of Industry and Trade.

2. Allocation and assignment of fund estimates

Based on the decision on assignment of state budget estimates, the Ministry of Industry and Trade shall allocate funds for operations in the field of trade at representative missions by location and report such to the Ministry of Finance for inspection under regulations.

3. Management, use and finalization of funds

The Ministry of Industry and Trade and its divisions of officials on secondment at representative missions shall manage, use and synthesize the assigned fund estimates in accordance with the Law on the State Budget and relevant regulations.

Article 5. Responsibilities of the Ministry of Industry and Trade and its divisions of officials on secondment at representative missions

1. The Ministry of Industry and Trade shall:

a/ Organize the formulation, allocation, management, use and finalization of funds for operations in the field of trade in accordance with the Law on the State Budget and relevant regulations.

b/ Guide and direct its divisions of officials on secondment at representative missions to receive, manage and use funds in accordance with regulations, and collect sufficient documents on spending and accounting, and send reports thereon to the Ministry of Industry and Trade for finalization of state budget funds under regulations.

c/ Control the spending and approve the finalization of documents of its divisions of officials on secondment at representative missions under regulations.

2. The Ministry of Industry and Trade’s divisions of officials on secondment at representative missions shall:

a/ Open their accounts at prestigious banks in the host countries for accounting revenues (if any) and receiving state budget funds for spending purposes.

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