Decree 81/2022/ND-CP functions, organizational structure of the Ministry of Foreign Affairs

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 101/2020/ND-CP);

At the proposal of the Minister of Foreign Affairs;

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs.

Article 1. Position and functions

The Ministry of Foreign Affairs is an agency of the Government performing the function of state management of foreign affairs, covering: diplomatic work, national borders and territory, affairs concerning the overseas Vietnamese community, treaties, international agreements, management of overseas representative missions of the Socialist Republic of Vietnam (below referred to as overseas Vietnamese representative missions) and operation of foreign representative missions in Vietnam; and state management of public services in the fields under the state management by the Ministry of Foreign Affairs in accordance with law.

Article 2. Tasks and powers

The Ministry of Foreign Affairs shall perform the tasks and powers as prescribed in Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and has the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee, and draft decrees of the Government according to the Government’s annual lawmaking programs and plans and draft resolutions, projects and schemes as assigned by the Government and the Prime Minister.

2. To submit to the Government and the Prime Minister long-term, medium-term and annual development strategies, master plans and plans, important projects and works, and national target programs on the sectors and fields falling under the state management by the Ministry of Foreign Affairs.

3. To submit to the Prime Minister drafts of decisions, directives and other documents on the sectors and fields falling under the state management by the Ministry of Foreign Affairs or as assigned by the Government or the Prime Minister.

4. To promulgate circulars and other documents on the state management of the sectors and fields falling under the state management by the Ministry of Foreign Affairs.

5. To direct, guide, examine and organize the implementation of legal documents, strategies, master plans, plans and national target programs falling under the state management by the Ministry of Foreign Affairs after they are approved; to organize public communication, and law dissemination and education, and monitor the situation of law enforcement in the sectors and fields falling under the state management by the Ministry of Foreign Affairs.

6. Regarding the unified management of external activities in accordance with law:

a/ To assume the prime responsibility for synthesizing and formulating the annual and whole-tenure plans on external activities of leaders of the Party and the State; to organize the implementation of external activities of leaders of the Party and the State according to regulations and decentralized management;

b/ To assume the prime responsibility for, and coordinate with others in, formulating guidelines on election at international organizations and multilateral mechanisms; guidelines on organization of international events of political and external significance and formation of representative offices of international organizations in Vietnam in accordance with law and report thereon to competent authorities for approval;

c/ To synthesize plans on, and urge the implementation of, external activities of ministries, ministerial-level agencies, related agencies and localities; to guide the organization of implementation of external activities and request ministries, ministerial-level agencies, related agencies and localities to make periodical and unscheduled reports on the implementation of external activities;

d/ To formulate plans on, and organize, training and further training activities and provide professional instructions on external activities and international integration in accordance with law;

dd/ To advise, standardize and uniformly manage the use of common foreign languages ​​in high-level political and diplomatic activities of the Party and the State.

7. To manage international conferences and seminars in Vietnam which fall under the state management by the Ministry of Foreign Affairs in accordance with law; to annually report to the Prime Minister on the organization of international conferences and seminars in Vietnam.

8. To assume the prime responsibility for, and coordinate with others in, studying, synthesizing and proposing issues related to the protection of the State’s sovereignty and interests and the lawful rights and interests of Vietnamese organizations and citizens in foreign countries in accordance with Vietnam’s law, international law and as assigned by the Prime Minister.

9. Regarding strategic forecasting and research work:

a/ To timely inform and advise the Government and the Prime Minister on issues related to the world situation and Vietnam’s international relations;

b/ To assume the prime responsibility for researching, synthesizing and proposing  forecasting and strategic issues related to the world situation, international relations, international law, political, economic and cultural relations of Vietnam, and other fields falling under the state management by the Ministry of Foreign Affairs;

c/ To assume the prime responsibility for preparing and elaborating the Government’s reports on the international situation and external relations of the Party and the State, to be presented at the National Assembly’s sessions.

10. Regarding representation in the State’s external activities:

a/ To represent the State in diplomatic relations with other countries and intergovernmental international organizations; to carry out external activities of the State in accordance with law;

b/ To submit to the Government the establishment, change of level or suspension of diplomatic and consular relations with other countries and intergovernmental international organizations; and the establishment, suspension or termination of operation of overseas Vietnamese representative missions in accordance with law;

c/ To propose the Prime Minister to submit to the National Assembly Standing Committee for approval the proposal for appointment and relief from duty of ambassadors extraordinary and plenipotentiary; to propose the Prime Minister to submit to the President for decision the appointment and recall of ambassadors extraordinary and plenipotentiary and representatives of the President at international organizations;

d/ To appoint and recall Vietnam’s permanent representatives at international organizations, except the case specified at Point c of this Clause; and heads of Vietnamese consulates in foreign countries; to decide on appointment and relief from duty of Vietnam’s honorary consuls in foreign countries.

11. Regarding state protocol work:

a/ To perform the state management of diplomatic ceremonies and diplomatic privileges and immunities in accordance with law; to guide and manage the exercise of diplomatic privileges and immunities and diplomatic ceremonies for foreign representative missions in Vietnam and overseas Vietnamese representative missions in accordance with Vietnam’s law and international law and practices;

b/ To implement the approval of diplomatic representatives of other countries, international organizations in Vietnam and overseas Vietnamese diplomatic missions;

c/ To prepare and serve high-ranking state delegations visiting other countries or attending international conferences; to organize the reception of high-ranking delegations from other countries and international organizations to Vietnam in accordance with law;

d/ To issue identity cards to members of foreign diplomatic missions, consulates and honorary consuls, and representative offices of international organizations in Vietnam and their family members in accordance with law.

12. Regarding economic diplomacy:

a/ To build appropriate bilateral and multilateral political relations and legal frameworks in order to promote Vietnam’s external economic and international economic integration activities;

b/ To study, forecast and provide information on international economic issues and international economic relations; to coordinate with others in advising and formulating guidelines and policies in service of economic development and international economic integration; to handle arising issues related to external economy and political and diplomatic mobilization in support of external economic activities as assigned by the Government and the Prime Minister;

c/ To assume the prime responsibility for formulating guidelines, policies and plans on economic diplomacy; to support ministries, sectors, localities, businesses and people in formulating and implementing programs and plans on economic diplomacy, and expanding, and improving the effectiveness of, international economic cooperation in accordance with law.

13. Regarding cultural diplomacy:

a/ To develop legal bases and policies on cultural diplomacy; to advise on the handling of arising issues related to cultural diplomacy as assigned by the Government and the Prime Minister;

b/ To assume the prime responsibility for formulating and implementing cultural diplomacy programs and activities at home and abroad under the state management by the Ministry of Foreign Affairs;

c/ To perform the duties of the Chairperson and Secretariat of the Vietnam National Commission for UNESCO; to act as the permanent member of the Vietnam National Commission for UNESCO.

14. Regarding external information work:

a/ To assume the prime responsibility for the dissemination of external activities;

b/ To assume the prime responsibility for monitoring, studying and synthesizing foreign press and public opinions in service of external information work;

c/ To express Vietnam’s official viewpoints and stance on international and external affairs; to organize international press conferences within the jurisdiction of the Ministry of Foreign Affairs and in accordance with law; to assume the prime responsibility for preparing contents of interviews of leaders of the Party and the State concerning to international and external affairs;

d/ To manage and license information and press activities of foreign press in Vietnam and of foreign press accompanying foreign delegations to Vietnam within the competence of the Ministry of Foreign Affairs and in accordance with law;

dd/ To manage the Portal of the Ministry of Foreign Affairs and overseas Vietnamese representative missions in service of external information work.

15. Regarding consular work:

a/ To protect the interests of the State and lawful rights and interests of Vietnamese citizens and legal persons in foreign countries in accordance with Vietnam’s law and international law;

b/ To carry out consular legalization, consular certification, judicial entrustment, civil status, citizenship, adoption, exit and entry of Vietnamese citizens and foreigners subject to management by the Ministry of Foreign Affairs in accordance with law;

c/ To manage and direct the consular work of overseas Vietnamese representative missions, Vietnam’s honorary consuls in foreign countries and foreign affairs agencies of provinces and centrally run cities in accordance with law;

d/ To perform other consular affairs in accordance with law, assignment of the Government and the Prime Minister, and treaties to which Vietnam is a contracting party.

16. Regarding the affairs related to Vietnamese migration abroad:

a/ To assume the prime responsibility for formulating guidelines and policies on international migration issues, measures to promote migration in a lawful, safe and orderly manner in conformity with Vietnam’s conditions and international practices;

b/ To assume the prime responsibility for guiding and inspecting the affairs related to Vietnamese migration abroad.

17. Regarding overseas Vietnamese affairs:

a/ To assume the prime responsibility for studying and synthesizing the situation, proposing and implementing guidelines and policies toward overseas Vietnamese;

b/ To assume the prime responsibility for guiding and inspecting the performance of overseas Vietnamese affairs;

c/ To carry out the work of great national unity concerning overseas Vietnamese and mobilization and support of the development of resources of overseas Vietnamese; to organize, support and guide overseas Vietnamese organizations and individuals in their relations with the country and vice versa, thus contributing to the development of the country;

d/ To support and create favorable conditions for overseas Vietnamese to stabilize their lives, integrate into the social life of the host countries, preserve and promote cultural identity, language and fine traditions of the Vietnamese nation.

18. Regarding national borders and territory: To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, related agencies and localities in, performing the following tasks in accordance with law:

a/ To propose guidelines, policies, strategies and measures and carry out research, synthesis and evaluation of the situation of national borders and territory on the mainland, islands, airspace and maritime zones of Vietnam; to settle legal disputes over borders and territory; to conduct political, diplomatic, legal, and public opinion struggles to protect the borders, territorial integrity, sovereignty, sovereign rights and national jurisdiction of Vietnam on the mainland, islands, airspace and maritime zones ​​of ​​Vietnam;

b/ To advise and propose the determination the national borders, the scope of sovereignty, sovereign rights and national jurisdiction on the mainland, islands, airspace and maritime zones of Vietnam;

c/ To advise, propose and organize negotiations on demarcation of national borders and territory; to determine the boundaries of Vietnam’s airspace and maritime zones with related neighboring countries; to conclude, cooperate, and organize the implementation of, treaties related to national borders and territory with related countries; to request ministries, ministerial-level agencies and related agencies and localities to make reports on border management and protection on a periodical or unscheduled basis;

d/ To advise and propose the formulation and implementation of guidelines, policies, strategies and master plans on development of the land border gate system nationwide; to advise the Government on the policy to open and upgrade land border gates and on measures to be taken to protect the stability and clarity of the border lines and national border markers; to build a national database on border and territory.

19. Regarding the management of overseas Vietnamese representative missions:

a/ To take responsibility before the Government for performing the state management of overseas Vietnamese representative missions; to direct and inspect the implementation of the State’s guidelines and policies on external affairs and the performance of functions and tasks of overseas Vietnamese representative missions and members of overseas Vietnamese representative missions in accordance with law;

b/ To organize the implementation of regulations on organization and payroll of overseas Vietnamese representative missions;

c/ To appoint, relieve from duty, assign and recall members of overseas Vietnamese representative missions in accordance with law, except the members of the representative missions specified at Point c, Clause 10 of this Article;

d/ To guide and organize the management and use of assets, physical and technical foundations and funds of overseas Vietnamese representative missions in accordance with law.

20. Regarding the management of external activities of representatives of agencies and organizations of the Socialist Republic of Vietnam in foreign countries (below collectively referred to as Vietnamese agencies and organizations in foreign countries):

a/ To guide and inspect the implementation of the State’ guidelines and policies, the performance of tasks and the exercise of powers by Vietnamese agencies and organizations in foreign countries in accordance with law;

b/ To assume the prime responsibility for supporting and creating conditions for Vietnamese agencies and organizations in foreign countries to perform their functions and tasks and exercise their powers in accordance with the law of Vietnam, the laws of the host countries and international law.

21. To manage the operation of foreign diplomatic missions, consular offices and honorary consulates and representative offices of intergovernmental international organizations based in Vietnam in accordance with Vietnam’s law and international law.

22. To manage foreign non-governmental organizations in Vietnam; to grant, extend, modify, supplement and revoke registration certificates of foreign non-governmental organizations in Vietnam in accordance with law.

23. Regarding affairs related to treaties and international agreements:

a/ To perform the state management of affairs related to treaties and international agreements;

b/ To examine proposals for signing of and accession to treaties of ministries, ministerial-level agencies and related agencies before submitting them to the Government; to give opinions on international agreements of ministries, ministerial-level agencies and related agencies according to regulations;

c/ To assume the prime responsibility for advising, studying and proposing the negotiation of treaties relating to war, peace and national sovereignty in accordance with law;

d/ To assume the prime responsibility for, or coordinate with others in, reviewing and collating the final texts of treaties, coordinate with foreign partners to organize the signing ceremonies of treaties during the visits of Vietnamese high-ranking delegations to foreign countries or of foreign high-ranking delegations to Vietnam, unless otherwise agreed with the foreign signatories or otherwise decided by competent state agencies;

dd/ To give comments on and evaluate, the compatibility of law, ordinance and decree formulation proposals with relevant treaties to which the Socialist Republic of Vietnam is a contracting party in accordance with law;

e/ To assume the prime responsibility for building and operating the database on treaties of the Socialist Republic of Vietnam.

24. To assume the prime responsibility for formulating and implementing Vietnam’s guidelines and policies on the development of international law at multilateral forums.

25. To manage the organizational apparatus, payroll and employment positions, implement the salary regime, and training, further training, emulation, commendation, disciplining and other regimes and policies for cadres, civil servants, public employees and employees under the management by the Ministry of Foreign Affairs in accordance with law.

26. To inspect and examine the implementation of law in the fields under the state management by the Ministry of Foreign Affairs; to organize citizen reception, settle complaints and denunciations; to prevent and combat corruption and waste and handle violations in the fields under the state management by the Ministry of Foreign Affairs in accordance with law.

27. To manage and organize the implementation of tasks concerning finance, state assets and capital construction investment under the management by the Ministry of Foreign Affairs.

28. To manage and organize the implementation of tasks on administrative reform, digital transformation, application of technology to develop e-government, digital government, diplomatic cipher work, and information confidentiality and security under the management by the Ministry of Foreign Affairs in accordance with resolutions, programs and plans approved by the Government and the Prime Minister and in accordance with law.

29. To provide public non-business services in the fields under the state management by the Ministry of Foreign Affairs in accordance with law.

30. To perform other tasks and exercise other powers assigned by the Government or the Prime Minister or as prescribed by law.

Article 3. Organizational structure

1. The Europe Department.

2. The Americas Department.

3. The North East Asia Department.

4. The South East Asia - South Asia - South Pacific Department.

5. The Middle East - Africa Department.

6. The External Policy Department.

7. The Economic Affairs Department.

8. The ASEAN Department.

9.  The International Organizations Department.

10. The Multilateral Economic Cooperation Department.

11. The Cultural Diplomacy and UNESCO Affairs Department.

12. The Law and International Treaties Department.

13. The Interpretation and Translation Department.

14.  The Press and Information Department.

15. The Personnel and Organization Department.

16. The Office of the Ministry.

17. The Inspection Department.

18.  The Information Security - Information Technology Department.

19.  The Consular Department.

20. The State Protocol Department.

21. The Department of Foreign Affairs Provincial.

22. The Administrative and Financial Department.

23. Ho Chi Minh City’s Department for External Relations.

24.  The National Border Committee.

25. The State Commission on Overseas Vietnamese.

26.  The Diplomatic Academy of Viet Nam.

27.  Viet Nam and the World Report.

28. Overseas Representative Missions of Viet Nam.

The organizations specified in Clauses 1 thru 25 of this Article are organizations assisting the Minister of Foreign Affairs in performing the state management function; and the organizations specified in Clauses 26 and 27 of this Article are public non-business units under the Ministry of Foreign Affairs.

The organizations specified in Clause 28 of this Article are Vietnamese overseas representative missions established by the Government and directly managed by the Ministry of Foreign Affairs.

The Europe Department may be organized into 5 divisions; the Personnel and Organization Department and the Law and International Treaties Department each, 4 divisions; and the Americas Department, North East Asia Department, South East Asia - South Asia - South Pacific Department, and Middle East - Africa Department each, 3 divisions.

The Minister of Foreign Affairs shall submit to the Prime Minister regulations on the functions, tasks, powers and organizational structure of the State Commission on Overseas Vietnamese, the National Border Committee, and the Diplomatic Academy of Vietnam; and submit to the Prime Minister for promulgation a list of other public non-business units under the Ministry of Foreign Affairs.

The Minister of Foreign Affairs shall define the functions, tasks, powers and organizational structures of the organizations under the Ministry, except the organizations specified in Clauses 24 thru 26 of this Article.

Article 4. Effect and implementation responsibility

1. This Decree takes effect on December 1, 2022.

2. This Decree replaces the Government’s Decree No. 26/2017/ND-CP of March 14, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs, and the Government’s Decree No. 29/2020/ND-CP of March 3, 2020, amending Article 3 of the Government’s Decree No. 26/2017/ND-CP of March 14, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies and organizations shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH