The Law on Overseas Representative Missions of the Socialist Republic of Vietnam consists of 6 chapters and 36 articles, regulating scope of regulation, principles on organization and operation of representative missions; tasks and powers, organizational apparatus, payroll, funds, head offices and material foundations of representative missions; criteria of members of representative missions; diplomatic posts and consular posts, heads of representative missions, appointment and recall of heads of representative missions, etc.
Article table of contents
Scope of regulation
The Law on Overseas Representative Missions of Vietnam 2009 regulates functions, tasks, powers and organization of overseas representative missions of the Socialist Republic of Vietnam (including diplomatic representative missions, consular representative missions and representative missions at intergovernmental international organizations) in accordance with the provisions of the Vienna Conventions on diplomatic, consular and representation at intergovernmental international organizations and the state management of representative missions. Organization and operation of other representative agencies of ministries and branches abroad such as Vietnam News Agency, representatives of newspapers, representative offices of ministries and local branches are not regulated by this Law.
Legal position of representative missions
For the first time, the Law clearly stipulates the legal position of overseas Vietnamese representative missions: Representative missions are established by the Government and directly managed by the Ministry of Foreign Affairs, performing the functions of officially representing the Vietnamese State in its relations with receiving countries, territories and international organizations and uniformly managing foreign activities, in which defining the task of directing and guiding foreign affairs for overseas representatives of ministries, branches and localities; organizing and directly participating in foreign activities of the Socialist Republic of Vietnam in receiving countries or international organizations; reviewing and evaluating foreign activities in receiving countries and international organizations.
Tasks and powers of representative missions
For the first time, the Law fully stipulates the basic tasks of representative missions, in line with the foreign policy requirements of the Party and the State in the period of our country's deeper and deeper international integration, which are: promoting cultural relations, performing consular tasks, supporting and protecting overseas Vietnamese communities, performing the uniform management of foreign activities, managing personnel and material foundations of representative missions.
Competence, order and procedures for establishment, suspension and termination of operation of representative missions
According to the Law on Overseas Representative Missions of Vietnam 2009, the Government has the authority to decide to establish, temporarily suspend and terminate the operation of a representative mission at the request of the Ministry of Foreign Affairs after consulting with concerned ministries.
Authority to decide, order to formulate the apparatus, organization and payroll of representative missions
The Prime Minister has the authority to approve the scheme submitted by the Ministry of Foreign Affairs related to the organizational apparatus and payroll norms of the representative mission. Thus, in terms of procedures, all schemes related to the organization and payroll of representative missions are directly submitted by the Ministry of Foreign Affairs to the Prime Minister for consideration and approval in case it is related to officials of ministries and branches working at representative missions, agree with those ministries and branches.
Payroll
This Law stipulates that the payroll of a representative mission includes officials of the Ministry of Foreign Affairs and based on working requirements, officials of some other relevant agencies who work under the secondment regime in accordance with the Law on Officials of Vietnam.
Funds for representative missions include funds for capital construction investment, funds for regular operations allocated to the Ministry of Foreign Affairs for subsequent allocation to representative missions; funds for specialized operations allocated to relevant agencies in charge of these operations.
Responsibilities of heads of representative missions
The law clearly defines that representative missions shall organize and operate under the leadership regime. Heads of representative missions have the right to decide on issues of organizational and administrative management, assessment and comment, and implement forms of reward and discipline for officials, including seconded officials.
Responsibilities of members of representative missions
The Law specifies that members of representative missions must comply with regulations of the Ministry of Foreign Affairs and representative missions; protect and enhance the image, prestige, honor and interests of the Socialist Republic of Vietnam, respect law and traditions and customs of receiving countries; refrain from abusing privileges and immunities for personal benefits.
Working coordination between representative missions and other agencies and organizations
The Law specifies working coordination between Vietnamese agencies and organizations and representative missions, delegations on working visits abroad and representative missions and managing agencies of officials on secondment and representative missions.
Source: daibieunhandan.vn
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