Nghị định 65/2021/NĐ-CP quản lý ngân sách Nhà nước cho công tác điều ước quốc tế, thỏa thuận quốc tế

DECREE

On management and use of state budget for treaty-related work and international agreement-related work

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

Pursuant to the Law on Treaties dated April 09, 2016;

Pursuant to the Law on International Agreements dated November 13, 2020;

Pursuant to the Law on the State Budget dated June 25, 2015;

At the proposal of the Minister of Foreign Affairs;

The Government promulgates the Decree on management and use of state budget for treaty-related work and international agreement-related work.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree defines the management and use of state budget for treaty-related work under the Law on Treaties and international agreement-related work under the Law on International Agreements.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals participating in the process of concluding and implementing treaties and international agreements in accordance with the Law on Treaties and the Law on International Agreements.

Article 3. Principles for management and use of funding for treaty-related work and international agreement-related work

1. The funding for treaty-related work and international agreement-related work shall be ensured by the state budget and other sources as specified by law regulations.

2. Arrangement of funding for treaty-related work and international agreement-related work of agencies must be based on the Party and State’s foreign policy to carry out international cooperation within the scope of their assigned functions, tasks and powers.

3. The funding from the state budget shall be included in the current expenditure estimates of the agencies performing the treaty-related work and international agreement-related work according to the current budget decentralization as prescribed in the Law on State Budget and documents detailing and guiding the implementation of the Law; separately, expenses for the tasks of examining and appraising treaties are the specific expenditure with a separate nature.

4. The estimation, management, use and finalization of state budget funding for treaty-related work and international agreement-related work shall comply with the Law on State Budget and documents detailing and guiding the implementation of the Law.

5. In case treaty-related work and international agreement-related work are financed from the official development assistance, grants that are not part of official development assistance, funding from foreign non-governmental organizations, other domestic and foreign organizations and individuals, the receipt, management and use of funding must comply with the law regulations on management and use of such funding.

Article 4. State budget for treaty-related work and international agreement-related work

1. The state budget for treaty-related work and international agreement-related work includes:

a) Funding for treaty-related work and international agreement-related work of central state agencies; general departments, departments of ministries, ministerial-level agencies; agencies and units in People’s Army and People’s Public Security;

b) Funding allocated to provincial-level state agencies for the implementation of international cooperation within the framework of treaties or performance of international agreements under the assignment of the State, Government, Prime Minister.

2. The local budget shall ensure the funding for the international agreement-related work of provincial-level state agencies and specialized agencies of the provincial-level People's Committees; district-level People's Committees; commune-level People's Committees in border areas in order to carry out the international cooperation within the scope of their functions, tasks and powers.

3. The funding for treaty-related work and international agreement-related work of central agencies of organizations, provincial-level agencies of organizations shall be guaranteed from the state budget in case such agencies perform the international cooperation within the framework of treaties or performance of international agreements under the assignment of the State, Government, Prime Minister. In case an international agreement is reached by the central agency of the organization or the provincial-level agency of the organization to carry out other international cooperation, the funding for such international agreement-related work shall be ensured from the financial source of the organization.

Chapter II

CONTENTS OF EXPENDITURES FOR TREATY-RELATED WORK AND INTERNATIONAL AGREEMENT-RELATED WORK

Article 5. Contents of expenditures for treaty-related work

1. Contents of expenditures for research, proposal for negotiation, conclusion, ratification, approval, accession, amendment, supplementation, extension, termination, renunciation, withdrawal, suspension of implementation of treaties, reservation of treaties include:

a) Purchase and collection of documents directly related to treaties;

b) Organization of meetings, conferences, seminars, consulting of experts’ opinions;

c) Survey of domestic and international practice; assessment of political, socio-economic, defense, security impacts and other impacts of treaties; review and comparison of treaties with Vietnamese law and relevant treaties to which Vietnam is a contracting party;

d) Formulation of draft treaties, draft amending and supplementing treaties;

dd) Research and development of a negotiation plan; preparation of dossiers of proposal for negotiation, conclusion, ratification, approval, accession, withdrawal of reservations, withdrawal of objection to reservations,
acceptance of or objection to reservations made by a foreign contracting party, amendment, supplementation, extension, termination, renunciation, withdrawal, suspension of implementation of treaties;

e) Formulation of statements and reservations when acceding to a multilateral treaty;

g) Organization of translation of treaties and related documents.

2. Contents of expenditures for providing opinions, proposals for negotiation, conclusion, ratification, approval, accession, amendment, supplementation, extension, termination, renunciation, withdrawal, suspension of implementation of treaties, reservation of treaties include:

a) Purchase and collection of documents directly related to treaties;

b) Review of the compatibility of treaties with Vietnamese law and relevant treaties;

c) Research of relevant national and international laws and experience;

d) Hold of meetings, collection of experts’ opinions;

dd) Translation of relevant documents;

e) Formulation of documents of opinion provision.

3. Contents of expenditures for the negotiation and conclusion of treaties include:

a) Reception of delegations for negotiation of foreign countries;

b) Organization of the negotiation and conclusion of treaties in Vietnam or in other countries;

c) Organization of meetings to prepare for negotiations, make negotiation minutes;

d) Review of treaties that have been concluded during visits of high-ranking leader delegations of foreign countries in Vietnam or visits of high-ranking leader delegations of Vietnam in foreign countries;

dd) Translation of relevant documents.

4. Contents of expenditures for the Ministry of Foreign Affairs’ examination, the Ministry of Justice’s appraisal for proposals of conclusion, accession of treaties include:

a) Purchase and collection of documents directly related to treaties;

b) Report on independent assessment of the conformity of the treaty with Vietnamese law, the compatibility between the proposed treaty and relevant treaties assigned by competent agencies;

c) Formulation of examination report, appraisal report;

d) Translation of relevant documents;

dd) Hold of meetings, collection of experts’ opinions;

e) Establishment of treaty examination council, treaty appraisal council for cases specified in Clause 3 Article 18 and Clause 3 Article 20 of Law on Treaties.

5. Contents of expenditures for verification of the National Assembly’s External Relations Committee, the President’s Office, the Government Office for proposals for negotiation, conclusion, ratification, approval, accession, amendment, supplementation, extension, termination, renunciation, withdrawal, suspension of implementation of treaties, reservation of treaties include:

a) Purchase and collection of documents directly related to treaties;

b) Hold of meetings, collection of opinions;

c) Establishment of treaty verification council in cases where a treaty has important and complicated contents;

d) Preparation of verification report.

6. Contents of expenditures for depository, keeping custody, making of certified copies, and publication of treaties include:

a) Depository of multilateral treaties;

b) Keeping custody of treaties; written decisions on negotiation, conclusion of treaties; written diplomatic notices, instruments of ratification or approval of or accession to treaties; Full Powers for negotiation and conclusion of treaties; credentials for participation in an international conference and other relevant documents;

c) Making of certified copies of treaties;

d) Publication of treaties on websites of proposing agencies and the Ministry of Foreign Affairs;

dd) Grant of copies of treaties;

e) Development and operation of the treaty database of Vietnam in the Ministry of Foreign Affairs.

7. Contents of expenditures for organization of treaty implementation include:

a) Purchase and collection of documents directly serving the implementation of the treaties;

b) Formulation of plans and schemes for the implementation of treaties;

c) Propaganda and dissemination of the treaties;

d) Translation of documents directly serving the implementation of treaties;

dd) Making of financial or annual contributions to international organizations established under the treaties to which Vietnam is a contracting party;

e) Organization of dialogues, conferences in Vietnam or attendance of conferences abroad on the implementation of treaties

g) Performance of the tasks of the central agency under the treaties, agency acting as the focal point for monitoring the implementation of the treaty as assigned by the Government or the Prime Minister;

h) Preparation and translation of national reports on the implementation of multilateral treaties in accordance with the treaties or at the request of a competent agency; organization of meetings, conferences, seminars, collection of experts’ opinions on national reports, plans for cross-evaluation of national reports of other countries in accordance with the treaties; organization of working groups to present and defend national reports, cross-evaluate national reports of other countries in accordance with treaties; development of thematic reports and organization of the implementation of plans to implement recommendations of international organizations and competent agencies for the implementation of the treaties.

8. Contents of expenditures for inspection, supervision and review of the conclusion and implementation of treaties include:

a) Preparation of reports at the request of competent supervisory agencies and individuals;

b) Organization of the inspection and supervision of the conclusion and implementation of treaties;

c) Preparation of reports, organization of meetings to evaluate reports on inspection, monitoring, and synthesis of the conclusion and implementation of treaties.

9. Contents of expenditures for issuance of legal opinions for treaties, loan agreements and Government guarantee agreements include:

a) Purchase and collection of directly related documents;

b) Translation of relevant documents for the issuance of legal opinions;

c) Drafting of legal opinions;

d) Hold of meetings of consultation of relevant matters for issuance of legal opinions.

10.     Contents of expenditures for preparation of statistics on, and review of treaties include:

a) Purchase and collection of documents directly related to treaties;

b) Translation of relevant documents for preparation of statistics, and review;

c) Organization of working groups to review the list, originals and validity of the concluded treaties.

11.     Other necessary expenses directly serving for treaty-related work.

Article 6. Contents of expenditures for international agreement-related work

1. Contents of expenditures for the formulation of schemes and plans on negotiation, conclusion, amendment, supplementation, extension, termination, withdrawal from, suspension of implementation of international agreements include:

a) Purchase and collection of documents directly related to international agreements;

b) Hold of meetings, collection of opinions;

c) Formulation of draft international agreements, draft amending and supplementing international agreements;

d) Formulation of dossiers of proposal of conclusion, amendment, supplementation, extension, termination, withdrawal from, suspension of implementation of international agreements;

dd) Organization of translation of international agreements and related documents.

2. Contents of expenditures for providing opinions, proposals for negotiation, conclusion, amendment, supplementation, extension, termination, withdrawal from, suspension of implementation of international agreements include:

a) Purchase and collection of documents directly related to international agreements;

b) Review and assessment of the compatibility of international agreements with Vietnamese law and relevant treaties;

c) Hold of meetings, collection of opinions;

d) Translation of relevant documents;

dd) Formulation of documents of opinion provision.

3. Contents of expenditures for the negotiation and conclusion of international agreements include:

a) Reception of delegations for negotiation of foreign countries;

b) Organization of the negotiation and conclusion of international agreements in Vietnam or in other countries;

c) Review and comparison of international agreements that have been concluded during visits of high-ranking leader delegations of foreign countries in Vietnam or visits of high-ranking leader delegations of Vietnam in foreign countries;

d) Translation of relevant documents.

4. Contents of expenditures for organization of international agreement implementation include:

a) Keeping custody, making of certified copies, propaganda and dissemination of international agreements, announcement of international agreements by publishing them on websites;

b) Financial contributions according to international agreements;

c) Organization of meetings in Vietnam or in foreign countries on the implementation of international agreements;

d) Formulation of plans for the implementation of international agreements.

5. Contents of expenditures for inspection, supervision and review of the conclusion and implementation of international agreements include:

a) Preparation of reports at the request of competent supervisory agencies and individuals;

b) Organization of the inspection and supervision of the conclusion and implementation of international agreements;

c) Preparation of reports, organization of meetings to evaluate reports on inspection, monitoring, and synthesis of the conclusion and implementation of international agreements.

6. Contents of expenditures for preparation of statistics on, and review of international agreements include:

a) Purchase and collection of documents directly related to international agreements;

b) Translation of relevant documents for preparation of statistics, and review;

c) Development and update of data on international agreements;

d) Organization of working groups to review the list, originals and validity of the concluded international agreements.

7. Other necessary expenses directly serving for international agreement-related work.

Chapter III

IMPLEMENTATION PROVISIONS

Article 7. Effect

1. This Decree takes effect on July 01, 2021.

2. The Decree No. 74/2016/ND-CP dated July 01, 2016 of the Government, on management and use of state budget for treaty-related work and international agreement-related work shall cease to be effective from the effective date of this Decree.

Article 8. Organization of implementation

1. The Minister of Finance shall take the responsibility for guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and other central agencies, and chairpersons of People’s Committees of provinces, centrally-run cities shall be responsible for the implementation of this Decree.