Law Amending Law on Overseas Representative Missions of the Socialist Republic of Vietnam, No. 19/2017/QH14

ORDER

On the promulgation of law[1]

THE PRESIDENT OF
THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam,

which was passed on November 21, 2017, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 4^thsession.

President of the Socialist Republic of Vietnam
TRAN DAI QUANG

LAW

Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam[2]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 33/2009/QH12 on Overseas Representative Missions of the Socialist Republic of Vietnam.

Article 1.To amend and supplement a number of articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam

1. To annul Clause 10, Article 8; and amend and supplement Clauses 4, 5, 7, 8, 13 and 15, Article 8, as follows:

“4. To grant, extend, modify or cancel passports, laissez-passers and other papers valid for entry in and exit from Vietnam in accordance with law.

5. To grant, modify or cancel visas; grant, revoke or cancel certificates of Vietnamese visa exemption in accordance with law.”

“7. To perform notarization and certification tasks in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam and host countries are contracting parties; to receive and preserve papers, documents and valuable objects of Vietnamese citizens and legal entities when requested, if such request complies with Vietnamese law and does not contravene laws of host countries.

8. To consularly legalize foreign papers and documents and consularly certify Vietnamese papers and documents in accordance with law.”

“13. To perform judicial mandate jobs in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.”

“15. To coordinate with one another in performing the tasks of epidemic prevention and animal and plant quarantine in accordance with Vietnamese law, laws of host countries, treaties to which the Socialist Republic of Vietnam and host countries are contracting parties, and international law and practices.”

2. To add the following Clause 1a below Clause 1, Article 10:

“1a. To perform the unified management of external information activities and assume the prime responsibility for, and coordinate with related agencies in, proposing and carrying out external information activities in host countries and international organizations.”

3. To amend and supplement Point b, Clause 2, Article 15 as follows:

“b/ Funds for regular operations shall be allocated to the Ministry of Foreign Affairs for subsequent allocation to representative missions, except those for national defense, security and trade under the Government’s regulations;”

4. To add the following Clause 3 to Article 16:

“3. The management of construction investment projects of representative missions shall be as follows:

a/ The management and use of public investment capital for construction investment projects of representative missions must comply with the law on public investment. In case of necessity, the formulation and appraisal of, and decision on, investment policies and projects may be carried out according to fast-track order and procedures;

b/ The implementation of construction investment projects of representative missions must comply with treaties and agreements between Vietnam and host countries, laws of host countries and Vietnamese law;

c/ Expenses for the implementation of construction investment projects shall be funded by the state budget and other lawful expense sources as prescribed by law.

The Government shall detail this Clause.”

5. To amend and supplement Article 17 as follows:

“Article 17. Criteria for members of representative missions

1. A member of a representative mission must satisfy the following criteria:

a/ Being a cadre, public employee or civil servant as prescribed by law, except contractual employees specified in Article 29 of this Law;

b/ Having sufficient political awareness, professional qualifications, foreign language skills and experience satisfying the working requirements under the Minister of Foreign Affairs’ regulations on the basis of the master plan approved by the Prime Minister.

2. An ambassador extraordinary and plenipotentiary must satisfy the criteria prescribed in Clause 1 of this Article and the following criteria:

a/ Being absolutely loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam; having dignity and a firm political stance to safeguard the national interests;

b/ Possessing a university or higher degree and a political theory bachelor or higher degree; having been trained or retrained in external relations knowledge and professional skills; and having good command of at least one foreign language meeting the working requirements;

c/ Having a thorough understanding of, and the capacity to counsel, direct and organize the effective implementation of, foreign relations lines, guidelines and policies of the State; being capable of synthesizing, analyzing and forecasting foreign relations issues; being capable of organizing, administering, gathering and uniting internal units and persons  and coordinating with related agencies, organizations and individuals in well performing the assigned tasks; having management and working experience in foreign relations; having once held the title of department deputy director, equivalent or higher title;

d/ Being physically fit to complete the assigned tasks; being in the age group able to complete at least one term of office, except special cases specified by the Government, based on foreign relations requirements, working location and personal capacity and prestige.”

6. To amend and supplement Clause 3, Article 19 as follows:

“3. The head of the representative mission at the United Nations is the permanent representative who holds the diplomatic title of ambassador extraordinary and plenipotentiary. The head of the representative mission at another international organization is the permanent representative, permanent observer or the President’s representative at such international organization who holds the diplomatic title of ambassador or ambassador extraordinary and plenipotentiary.”

7. To amend and supplement Article 20 as follows:

“Article 20. Appointment, relief from duty, assignment and recall of heads of representative missions

1. The National Assembly Standing Committee shall approve the Prime Minister’s requests for appointment and relief from duty of heads of representative missions who are ambassadors extraordinary and plenipotentiary.

2. Pursuant to the National Assembly Standing Committee’s resolutions, the President may appoint or relieve from duty, and decide on assignment and recall of, heads of representative missions who are ambassadors extraordinary and plenipotentiary.

3. The President may appoint and recall heads of representative missions who are representatives of the President at international organizations at the request of the Prime Minister, except the cases specified in Clause 2 of this Article.

4. The Minister of Foreign Affairs may decide on appointment and recall of heads of representative missions, except the cases specified in Clauses 1, 2 and 3 of this Article.

5. The head of a representative mission in a country or at an international organization may be assigned or appointed to concurrently act as head of the representative mission in another country or at another international organization.”

8. To add Clause 3a below Clause 3, Article 21, as follows:

“3a. To take responsibility for organizing and proposing the implementation of necessary measures to protect state secrets and ensure security and safety for members and headquarters of representative missions.”

9. To amend and supplement the title of Article 26; and add Point d to Clause 1 and Clauses 3 and 4 to Article 26 as follows:

“Article 26. Entitlements for members of representative missions and their accompanying spouses and minor children”

“d/ To pay traveling expenses in case parents, parents-in-law, spouses or children of members of representative missions die.”

“3. Minor children accompanying members of representative missions may have their tuition fees in the host countries and expenses for purchase of medical examination and treatment insurance premiums partially paid.

4. The Government shall detail this Clause.”

10. To amend and supplement Clause 6, Article 32 as follows:

“6. To propose the Prime Minister to submit to the National Assembly Standing Committee for approval requests for appointment and relief from duty of ambassadors extraordinary and plenipotentiary; to propose the Prime Minister to submit to the President the assignment and recall of representatives of the President at international organizations.

To decide on extension of the term of office of ambassadors extraordinary and plenipotentiary for up to 3 months; to propose the Prime Minister to decide on extension of the term of office of ambassadors extraordinary and plenipotentiary for over 3 months in case of necessity due to external relations requirements, and report such to the National Assembly Standing Committee and the President.”

11. To amend and supplement Article 34 as follows:

“Article 34. Working coordination between delegations on working visits abroad and representative missions

1. Delegations sent on working visits abroad shall promptly inform their working agenda to representative missions in host countries or at receiving international organizations for coordination and notify results of their activities to such representative missions or the Ministry of Foreign Affairs after completing their working visits.

2. Representative missions shall summarize and annually report on activities of delegations prescribed in Clause 1 of this Article to competent agencies.”

Article 2.Implementation provision

This Law takes effect on July 1, 2018.

This Law was passed on November 21, 2017, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 4^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN