THEGOVERNMENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 104/2018/ND-CP | | 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[1]
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 activities in the field of trade (below collectively referred to as funds for trade-related activities) 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 TRADE-RELATED ACTIVITIES OF THE MINISTRY OF INDUSTRY AND TRADE AT REPRESENTATIVE MISSIONS
Article 3.Funds for trade-related activities at representative missions
Funds for trade-related activities of the Ministry of Industry and Trade at representative missions shall be included in the Ministry’s fund estimates.
Article 4.Estimation, allocation, assignment and finalization of funds for trade-related activities at representative missions
1. Fund estimation
Annually, at the time of formulating state budget estimates, the Ministry of Industry and Trade shall base itself on the current spending regulations and guidelines on formulation of state budget estimates issued by the Ministry of Finance as well as trade-related plans and tasks to be performed at representative missions in the planning year to estimate funds for trade-related activities and include them in the Ministry’s state budget estimates, 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 trade-related activities at representative missions in each country 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 divisions of its officials at representative missions shall manage, use and sum up the finalization statements of assigned funds in accordance with the Law on the State Budget and relevant regulations.
Article 5.Responsibilities of the Ministry of Industry and Trade and divisions of its officials at representative missions
1. The Ministry of Industry and Trade shall:
a/ Organize the estimation, allocation, management, use and finalization of funds for trade-related activities in accordance with the Law on the State Budget and relevant regulations.
b/ Guide and direct the divisions of its officials 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 the divisions of its officials at representative missions under regulations.
2. The Ministry of Industry and Trade’s divisions of officials at representative missions shall:
a/ Open their accounts at prestigious commercial banks in the host countries for accounting revenues (if any) and receiving state budget funds allocated for spending.
b/ Manage funds and perform tasks of account holders and other tasks related to the management, use and finalization of funds under regulations.
Chapter III
MANAGEMENT OF INVESTMENT PROJECTS OF REPRESENTATIVE MISSIONS
Article 6.Principles of management of construction investment projects of representative missions
1. The formulation and appraisal of and investment policy decision and investment decision on construction projects of representative missions using public investment funds must comply with the law on public investment, relevant regulations on construction and this Decree.
2. Matters related to technical regulations, planning, conservation of historical and cultural values and relics, compulsory insurance, construction permit, construction contract, capacity conditions for construction activities, construction supervision, takeover test records, and other specialized regulations must comply with the laws of the host countries as a priority.
3. The determination of the total investment in works and estimation of construction costs for volumes calculated under base designs, volumes calculated under technical designs or working drawings designs, job requirements, norms, and unit costs must comply with the laws of the host countries as a priority.
4. Matters related to management and implementation of construction investment projects of representative missions which are not mentioned in this Decree must comply with the relevant laws of Vietnam.
5. In the course of implementation of construction investment projects of representative missions, the Ministry of Foreign Affairs shall coordinate with the Ministry of Public Security in ensuring security and safety for representative missions in accordance with relevant regulations on protection of state secrets.
Article 7.Application of fast-track procedures for the formulation and appraisal of and investment policy decision on construction investment projects of representative missions
For group-A projects, in the course of their formulation, appraisal and investment policy decision, the contents of prefeasibility study reports for these projects must comply with the construction law but a preliminary design plan on construction, explanation, technology, technique and equipment is not required.
Article 8.Verification and appraisal of construction investment projects
1. Project owners shall hire capable consultants to verify base designs and other contents of feasibility study reports, verify working drawings designs and construction cost estimates, and verify construction investment techno-economic reports.
2. Project owners shall examine and evaluate verification reports of consultants before sending them to appraisal agencies.
3. Based on verification results, specialized agencies of the Ministry of Foreign Affairs shall appraise feasibility study reports, construction investment techno-economic reports, working drawings designs, and construction cost estimates, and seek the Ministry of Construction’s opinions on necessary matters.
4. Based on the size and characteristics of projects, the Minister of Foreign Affairs may authorize project owners to organize the appraisal and approval of working drawings designs and construction cost estimates.
Article 9.Selection of contractors for construction investment projects of representative missions
1. The selection of contractors in the territory of Vietnam for implementation of construction investment projects of representative missions must comply with the current bidding law.
2. In case of selection of contractors outside the territory of Vietnam for implementation of construction investment projects of representative missions, persons competent to decide on contractor selection plans under the bidding law shall decide on contractor selection plans to ensure that contractors that satisfy capacity and experience requirements and have feasible solutions for executing bidding packages with quality, efficiency and competitive prices can be selected, specifically as follows:
a/ For bidding packages on provision of consultancy or non-consultancy services with a value not exceeding VND 3 billion and bidding packages on procurement, construction and installation with a value not exceeding VND 5 billion, the selection of a contractor must follow the steps below:
The project owner selects a contractor among contractors with capacity and experience suitable to the relevant bidding package.
The project owner prepares a draft contract based on the objectives and terms of reference and approved cost estimate and sends it to the selected contractor. With this draft contract, the project owner and selected contractor negotiate and agree on the final contract as a basis for approval of the contractor selection result and signing of the contract.
The project owner and contractor sign the contract.
b/ For bidding packages on provision of consultancy or non-consultancy services with a value exceeding VND 3 billion and bidding packages on procurement, construction and installation with a value exceeding VND 5 billion, the selection of a contractor must follow the steps below:
The project owner selects a contractor among contractors with capacity and experience suitable to the relevant bidding package in order to issue a dossier of requirements.
The project owner hires a consultant to make a dossier of requirements, which must include brief information about the project and bidding package; instructions on preparation and submission of dossiers of proposals; criteria on capacity and experience of contractors; and criteria for conducting technical evaluation and valuation of the bidding package. The criteria “satisfaction” and “non-satisfaction” shall be used to evaluate the capacity and experience of contractors and evaluate technical aspects.
The project owner approves the dossier of requirements and sends it to the selected contractor.
The contractor prepares and submits a dossier of proposals as mentioned in the dossier of requirements.
The project owner hires a consultant to evaluate the dossier of proposals:
The evaluation of the dossier of proposals must use the criteria stated in the dossier of requirements. In the course of evaluation, the project owner may invite the contractor to negotiate, clarify or modify necessary details of the dossier of proposals in order to prove the contractor’s satisfaction of requirements on capacity, experience, progress, volume, quality, technical solutions, and method of execution of the relevant bidding package.
A contractor shall be selected if fully satisfying the following conditions: having a valid dossier of proposals; having capacity, experience and technical proposals meeting the conditions specified in the dossier of requirements; and offering a bid not exceeding the approved cost estimate of the relevant bidding package.
The project owner prepares a draft contract based on the objectives and terms of reference and the approved cost estimate and sends it to the selected contractor.
Based on this draft contract, the project owner and selected contractor negotiate and agree on a final contract as a basis for approval of the contractor selection result and signing of the contract.
The project owner and contractor sign the contract.
Article 10.Selection of contractors for representative missions’ investment projects without a construction component
The selection of contractors for representative missions’ investment projects without a construction component must comply with Article 9 of this Decree.
Article 11.Takeover test of works
Project owners shall take responsibility for quality management and takeover test of works, and liquidation of contracts for construction investment projects at representative missions. When necessary, depending on the size and technical specifications of each project, the Minister of Foreign Affairs shall decide to inspect the takeover test by project owners.
Chapter IV
SPECIAL CASES OF APPOINTMENT OF AMBASSADORS EXTRAORDINARY AND PLENIPOTENTIARY
Article 12.Special cases of appointment of ambassadors extraordinary and plenipotentiary
In case a person who surpasses the prescribed age for being appointed is nominated to be an ambassador extraordinary and plenipotentiary, he/she may be considered for appointment based on the foreign relations requirements, working location, and personal capacity and prestige as prescribed in this Decree.
Article 13.Principles of appointment of ambassadors extraordinary and plenipotentiary in special cases
1. The appointment of ambassadors extraordinary and plenipotentiary in special cases must ensure strictness, objectivity, equality, publicity, and compliance with regulations.
2. Once appointed, an ambassador extraordinary and plenipotentiary shall complete the entire term of office in accordance with the law on overseas representative missions of Vietnam.
3. The Minister of Foreign Affairs shall report to and propose the Prime Minister to consider and submit to the National Assembly Standing Committee or President the appointment of ambassadors extraordinary and plenipotentiary on a case-by-case basis.
Article 14.Conditions on personal capacity and prestige
An ambassador extraordinary and plenipotentiary shall be appointed in a special case if satisfying the following conditions on capacity and prestige:
1. Possessing profound knowledge about the host country or international organization.
2. Having outstanding prestige, experience and capacity in foreign relations.
Article 15.Conditions on foreign relations requirements
An ambassador extraordinary and plenipotentiary shall be appointed in a special case to meet one of the following foreign relations requirements:
1. Promoting one or more than one particularly important area of political, security, national defense and economic cooperation in the relationship between Vietnam and the host country or international organization.
2. Dealing 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.
Article 16.Conditions on working locations
Working locations in special cases of appointment of ambassadors extraordinary and plenipotentiary include:
1. Countries bordering on Vietnam or in the Southeast Asia region.
2. Countries being strategic partners or comprehensive partners of Vietnam, the United Nations, or locations of importance in the relationship with Vietnam, meeting the foreign relations requirements in each period.
Chapter V
ORGANIZATION OF IMPLEMENTATION
Article 17.Effect
1. This Decree takes effect on the date of its signing.
2. The estimation of funds for trade-related activities at representative missions in the state budget expenditure estimate of the Ministry of Industry and Trade will start from the 2019 budgetary year.
Article 18.Implementation responsibility
Ministers, heads of ministerial-level agencies, and heads of government-attached agencies shall implement this Decree.-
On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC
Vietnamese
Decree 104/2018/NĐ-CP DOC (Word)
Decree 104/2018/NĐ-CP PDF (Original)
