THE GOVERNMENT -------- No. 104/2018/ND-CP | THE SOCIALISTREPUBLIC OF VIETNAM Independence - Freedom – Happiness ------ 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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