Quyết định 28/2005/QĐ-TTg của Thủ tướng Chính phủ về việc ban hành Quy chế thống nhất quản lý các hoạt động đối ngoại của các tỉnh, thành phố trực thuộc Trung ương

DECISION

ISSUING THE REGULATION ON UNIFIED MANAGEMENT OF EXTERNAL ACTIVITIES OF THE PROVINCES AND CENTRALLY-RUN CITIES

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Organization of the People’s Councils and People’s Committees dated November 26, 2003;

Pursuant to the Governments Working Regulation issued together with its Decree No. 23/2003/ND-CP dated March 12, 2003;

At the proposal of the Minister of Foreign Affairs,

DECIDES:

Article 1. To issue together with this Decision the Regulation on unified management of external activities of the provinces and centrally-run cities.

Article 2. This Decision takes effect 15 days after its publication in the Official Gazette.

Article 3. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the provincial/municipal People's Committees shall have to implement this Decision.

REGULATION

ON UNIFIED MANAGEMENT OF EXTERNAL ACTIVITIES OF THE PROVINCES AND CENTRALLY-RUN CITIES
(Issued together with the Prime Ministers Decision No. 28/2005/QD-TTg dated February 1, 2005)

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Regulation provides for the unified management of external activities of the provinces and centrally- run cities (hereinafter referred collectively to as provinces).

Article 2. Contents of external activities

External activities prescribed in this Regulation cover the following contents:

1. Political, economic, cultural, educational, medical, physical training and sports exchange activities with foreign countries.

2. Management of delegations on overseas working trips (outgoing delegations) and reception of foreign and international delegations into Vietnam (incoming delegations).

3. Conclusion and implementation of international agreements.

4. Organization of international conferences and symposiums.

5. Reception of orders, medals or other titles bestowed by foreign organizations or individuals or international organizations.

6. External activities related to the territorial borders; settlement of complicated circumstances in relations with foreign countries.

7. External economic relations, including the reception of foreign projects.

8. Summing-up of the external propagation situation and information.

9. Management of foreign organizations and foreigners in localities.

10. Fostering of professional external operations.

Article 3. External activity principles

1. Ensuring the Party's pertinent leadership and the State’s unified management and administration over the external activities of localities as well as the harmonious coordination between the local and central authorities, with a view to contributing to the effective realization of the Party's external lines and the State's external policy.

2. Coordinating closely political, economic, defense and security information with external information in provinces.

3. Decentralizing and assigning tasks clearly, heightening responsibilities and active role of local branches and administrations in the performance of assigned functions and tasks related to external relations, ensuring coordination and strict

inspection as well as supervision.

4. External activities shall be conducted according to the approved annual programs, strictly complying with the reporting and consultation regimes prescribed by law.

Chapter II

COMPETENCE AND PROCEDURES TO DECIDE ON EXTERNAL ACTIVITIES

Article 4. Competence to decide on external activities

1. The Prime Minister shall decide to approve the annual external activity programs of provincial People's Committees, which cover the following specific contents:

a) Overseas working trips of provincial People's Committee presidents;

b) The reception of foreign high-ranking delegations of ministerial, mayoral or higher level into Vietnam at invitations of the provincial People's Committees;

c) The organization of international conferences or symposiums by provincial People's Committees according to the provisions of Clause 1, Article 3 of the Prime Minister's Decision No. 122/2001/QD-TTg dated August 21, 2001 on organization and management of international conferences and symposiums in Vietnam;

d) The conclusion and implementation of international agreements by provincial People's Committees according to the provisions of Clause 2, Article 4 of the Government's Decree No. 20/2002/ND-CP dated February 20, 2002 on the conclusion and implementation of international agreements by provinces and centrally-run cities, socio-political organizations, social organizations and socio-professional organizations of the Socialist Republic of Vietnam;

e) The reception of foreign orders, medals and other titles by provincial People's Council chairmen and provincial People's Committee presidents.

f) Other external activities falling under deciding competence of the Prime Minister as currently prescribed by law.

2. The provincial People's Committee presidents shall decide by themselves on, and take self-responsibility for, external activities of their respective localities, including:

a) The sending of officials under their management for overseas working mission according to the provisions of Clauses 2 and 3, Article 15 of the Government's Decree No. 05/2000/ND-CP dated March 3, 2000 on Vietnamese citizens' entry and exit;

b) The invitation of foreign delegations at the vice-ministerial or deputy-mayoral or lower level to visit and work with the provincial authorities;

c) The organization of international conferences and symposiums according to the provisions of Clause 2, Article 3 of the Prime Minister's Decision No. 122/2001/QD-TTg dated August 21, 2001 on organization and management of international conferences and symposiums in Vietnam;

d) The conclusion and implementation of international agreements according to the provisions of Clause 1, Article 4 of the Government's Decree No. 20/2002/ND-CP dated February 20, 2002 on the conclusion and implementation of international agreements by provinces and centrally-run cities, socio-political

organizations, social organizations and socio-professional organizations of the Socialist Republic of Vietnam;

e) The reception, conclusion and execution of projects of foreign non-governmental organizations and individuals, based on the Regulation on management and use of foreign non-governmental aids, issued together with the Prime Minister's Decision No. 64/2001/QD-TTg dated April 26, 2001 and other relevant law provisions.

f) The reception of orders, medals and other titles bestowed by foreign organizations or individuals or international organizations to officials or employees in State agencies, organizations or enterprises under their management.

3. The provincial People's Committee presidents may authorize the heads of the provincial services, departments or branches to decide on the matters mentioned in Clause 2 of this Article. The authorization must be made in writing, clearly identifying the authorization scope, signatures of the authorized and introducing seals. The written authorizations shall be sent to the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Home Affairs.

4. The provincial People's Committee presidents shall take initiative in deciding on external activities arising under their competence and should consult with the Prime Minister, the Ministry of Foreign Affairs and other ministries and agencies in external activities related to sensitive and complicated issues such as religion, nationality and external relations with a number of special foreign parties.

5. Overseas working trips of provincial People's Council chairmen shall comply with the provisions of Clause 2, Article 42 of the Government's Working Regulation issued together with its Decree No. 23/2003/ND-CP dated March 12, 2003.

Article 5. Elaboration and approval of external activity programs

1. Annually in the fourth quarter, the provincial People's Committees shall take initiative in drafting the subsequent year's external activity programs of their respective localities. For complicated and sensitive external issues, the provincial People's Committees must consult with the Ministry of Foreign Affairs and the concerned ministries and branches.

2. The provincial People's Committees shall have to send draft external activity programs to the Ministry of Foreign Affairs before November 5 annually. The Ministry of Foreign Affairs shall integrate external activity programs of all provinces and submit them to the Prime Minister for approval before the end of November annually at the latest.

3. The contents of the provincial People's Committees' external activity programs submitted through the Ministry of Foreign Affairs to the Prime Minister for approval shall be based on Clause 1, Article 4 of this Regulation.

4. With regard to the amendment and/or supplementation of the approved external activity programs, the provincial People's Committee presidents shall:

a) Submit to the Prime Minister for approval external activities prescribed in Clause 1, Article 4 of this Regulation;

b) Take initiative in deciding on external activities falling under their competence according to the provisions of Clause 2, Article 4 of this Regulation.

Article 6. Implementation of approved external activity programs

The provincial People's Committees shall take initiative in implementing the annual external activity programs already approved by the Prime Minister. As for incoming and outgoing delegations defined in Clause 1, Article 4 of this Regulation, the provincial People's Committee presidents should notify the Ministry of Foreign Affairs of the detailed implementation plans 2 weeks before the implementation so that the latter may give its latest comments. In particular cases that require plan changes, the Ministry of Foreign Affairs shall submit them to the Prime Minister for decision.

Chapter III

CONDUCTING SPECIFIC EXTERNAL ACTIVITIES

Article 7. Organization and management of outgoing delegations

The provincial People's Committees shall have to monitor and manage overseas trips of officials and employees under their management; guide outgoing delegations to contact and consult the relevant domestic agencies as well as overseas Vietnamese representative offices before and during their working duration overseas; promptly coordinate with the Ministry of Foreign Affairs and

concerned agencies in handling sensitive and complicated issues arising during their working time overseas.

Article 8. Organization and management of international delegations visiting localities

1. The provincial People's Committees shall have to work out detailed plans for, and closely coordinate with the Ministry of Foreign Affairs as well as concerned ministries and branches in, receiving international delegations to visit their respective localities.

2. The provincial People's Committees shall take initiative in implementing the reception plans; monitor, list and, via the Ministry of Foreign Affairs, report to the Prime Minister activities of international delegations in their respective localities.

Article 9. External activities related to national territorial borders

Those provinces with national territorial borders shall have to study, review and assess the situation of border management and directly coordinate with the Ministry of Foreign Affairs and concerned ministries and branches in all activities related to national borders according to law provisions on management of national borders.

Article 10. External activities related to overseas Vietnamese-related work

The provincial People's Committees shall have to direct the study and evaluation of overseas Vietnamese-related work in their respective localities, coordinate with the Committee for Overseas Vietnamese (the Ministry of Foreign Affairs) in proposing and adopting policies on this work; directly involve in supporting, guiding, agitating and mobilizing people to implement and implementing policies towards overseas Vietnamese and their relatives having relations with the localities.

Article 11. Management of activities of foreign individuals and organizations

The provincial People's Committees shall have to guide and manage activities of foreign individuals and organizations in their localities; protect, support and guide them to comply with the provisions of Vietnamese laws related to their business, life, study, work, tourism, trade and investment in Vietnam; and handle arising circumstances related to foreign individuals or organizations.

Article 12. Summing-up of external propagation situation and information

1. The provincial People's Committees shall assign the provincial agencies for foreign affairs as well as concerned services, departments and branches to directly or jointly with the central agencies gather, analyze and sum up information on international and regional political, security and economic situation that affect their respective localities and information on external activities of the provinces, then report thereon and propose to the provincial People's Committee presidents orientations and solutions thereto.

2. The provincial People's Committees shall perform the work of external propagation and information on the basis of the Prime Minister's Directive No. 10/2000/CT-TTg dated April 26, 2000 on enhancing the management of and stepping up the external information work, and relevant legal documents.

3. The provincial People's Committees shall have to exchange opinions and coordinate with the Ministry of Foreign Affairs and concerned agencies in receiving foreign news agencies and correspondents, that visits their localities and/or interview local Party and administration leaders.

Article 13. External economic activities

1. The provincial People's Committee presidents shall be answerable to the Prime Minister for all external economic activities in their respective provinces.

2. The provincial People's Committees shall have to grasp domestic and foreign economic situation that affect their localities; take responsibility for selecting foreign partners and, in case of necessity, propose the Ministry of Foreign Affairs and the concerned agencies to assist in verifying such partners; directly involve in trade, investment and tourism promotion, and take initiative in building an investment environment suitable with the local particularities.

3. The provincial People's Committees shall have to consult with the concerned ministries, branches and agencies on particular and complicated external economic issues before submitting them to the Prime Minister.

Article 14. Organization of international conferences, symposiums; conclusion and implementation of international agreements, reception of foreign projects

The provincial People's Committees shall strictly abide by current law provisions on organization of international conferences and symposiums, the conclusion and implementation of international agreements as well as the reception of foreign aid projects as prescribed in Clause 2, Article 4 of this Regulation. With regard to arising matters related to external politics, the provincial People's Committees should consult with the Ministry of Foreign Affairs and the Party Central Committee's Commission for External Relations.

Article 15. Fostering of professional external operations

The provincial People's Committees shall have to work out programs on fostering of professional external operation skills and knowledge in their respective localities; coordinate with the Ministry of Foreign Affairs in training contingents of local cadres specialized in external operations.

Article 16. Reporting on the situation of external activities

1. Biannually, annually and in unforeseen circumstances, the provincial People's Committees shall have to send reports on their respective localities' external activities to the Ministry of Foreign Affairs for sum-up reports to the Prime Minister. The said periodical reports must be sent to the Ministry of Foreign Affairs before June 1 (for biannual reports) and before December 1 (for

annual reports) for the latter to make sum-up reports to the Prime Minister.

2. Upon the end of every external activity in their localities, the provincial People's Committees shall have to report it to the competent authorities for decision, concurrently notify the results to the Ministry of Foreign Affairs and the concerned agencies and propose the provinces' undertakings and solutions to relevant issues.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 17. Responsibilities of the ministries, concerned agencies and localities

1. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the concerned ministries and branches in, directing, guiding and inspecting localities in the implementation of this Regulation.

2. The ministries, ministerial-level agencies and Government-attached agencies shall, within the ambit of their functions and tasks, have to guide and direct the provincial People's Committees in working out and efficiently implementing the local programs on external activities.

3. The provincial People's Committees shall, based on this Regulation, elaborate regulations on organization of external activities in their localities.

4. Pursuant to Article 9 of Decree No. 171/2004/ND-CP dated September 29, 2004 providing for the organization of specialized agencies under the provincial/ municipal People's Committees, the provincial People's Committees shall take initiative in arranging organizational apparatus of the provincial agencies for foreign affairs and assign these agencies to perform the external relation tasks of localities.

Article 18. Implementation provision

If meeting with any problem or difficulty in the course of implementing this Regulation, the provincial People's Committees should promptly report it to the Ministry of Foreign Affairs for sum-up report to the Prime Minister for consideration and decision.

All previous regulations contrary to this Regulation are hereby annulled.