Nghị định 74/2016/NĐ-CP về kinh phí ngân sách cho công tác điều ước quốc tế

THE GOVERNMENT

Decree No.74/2016/ND-CP dated July 01, 2016 of the Government on management and use of government budget for treaty-related work and international agreement-related work

Pursuant to Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on treaties dated April 9, 2016;

Pursuant to the Law on State budget dated December 16, 2002;

Pursuant to the Ordinance on conclusion and implementation of international agreements dated April 20, 2007;

At the request of the Minister of Foreign Affairs;

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Decree deals with management and use of government budget for the conclusion and implementation of treaties on behalf of the State or the Government as prescribed in the Law on treaties 2016 (hereinafter referred to as treaty-related work) and the conclusion and implementation of international agreements on behalf of central regulatory agencies, agencies of provinces, central agencies of organizations as prescribed in the Ordinance on conclusion and implementation of international agreements 2007 (hereinafter referred to as international agreement-related work).

Article 2. Subject of application

This Decree applies to agencies, organizations, and individuals that engage in the process of conclusion and implementation of treaties and international agreements as prescribed in the Law on treaties 2016 and the Ordinance on conclusion and implementation of international agreements 2007.

Article 3. Rules for management and use of government budget for treaty-related work and international agreement-related work

1. Funding for treaty-related work and international agreement-related work shall be allocated from government budget in accordance with regulations of the Law on State budget and guiding documents thereof.

2. The budget for treaty-related work and international agreement-related work to agencies must be allocated according to the policies and foreign affairs’ guidelines of the Communist Party and the State for the international cooperation within their assigned functions, tasks, and powers.

3. The funding for treaty-related work and international agreement-related work shall be provided by prescribed budget and included in the budget estimate of recurrent expenditures of the agencies in charge of treaty-related work and international agreement-related work.

4. The making of budget estimates, management, use and statement of government budget for treaty-related work and international agreement-related work shall comply with regulations of the Law on State budget and guiding documents thereof.

5. In case where treaty-related work and international agreement-related work are funded by Official Development Assistance (ODA), foreign non-governmental organizations, other domestic and foreign organizations and individuals, the receipt, management and use of the funds in accordance with law on management and use of sources of funds.

Article 4. Sources of government budget for treaty-related work and international agreement-related work

1. Central government budget for treaty-related work and international agreement-related work includes:

a) Budget for treaty-related work and international agreement-related work of central regulatory agencies;

b) Budget for agencies of provinces to execute international cooperation within the treaties or execute international agreements as assigned by the State, the Government and/or the Prime Minister.

2. The budget of province shall cover international agreement-related work of agencies of province to execute international cooperation within their functions, tasks, and powers.

3. Budget for treaty-related work and international agreement-related work of central agencies of organizations shall be allocated from government budget in case that those agencies execute international cooperation within the treaties or as assigned by the State, the Government and/or the Prime Minister. In case where an international agreement is concluded by the central agency of an organization to execute another international cooperation, the budget for conclusion and implementation of such international agreement shall be provided by the source of fund of such agency.

Chapter II

EXPENDITURES ON TREATY-RELATED WORK AND INTERNATIONAL AGREEMENT-RELATED WORK

Article 5. Expenditures on treaty-related work

1. Expenditures on research and proposals for negotiation, conclusion, ratification, accession, amendments, extension, termination, renunciation, withdrawal, temporary suspension of a treaty include:

a) Buying and collecting materials that directly relate to the treaty;

b) Holding meetings, conventions, seminars for expert opinions;

c) Carrying out survey(s) on domestic and international practices; assessing the impact of the treaty on politics, national defense and security, economy – society and other impacts thereof; reviewing and comparing such treaty with domestic law and relevant treaties to which Vietnam is a signatory;

d) Drafting the treaty, and drafting the amended treaty;

dd) Formulating plans for negotiation; formulating proposals for negotiation, conclusion, ratification, accession, amendments, extension, termination, renunciation, withdrawal, temporary suspension of the treaty;

e) Formulating statements or reservations in case of accession to a multilateral treaty;

g) Translating the treaty and relevant documents.

2. Expenditures on suggestions for negotiation, conclusion, ratification, accession, amendments, extension, termination, renunciation, withdrawal, temporary suspension of treaties include:

a) Buying and collecting materials that directly relate to the treaty;

b) Reviewing the extent of conformity between the treaty and regulations of Vietnamese law and relevant treaties;

c) Studying related experience of domestic and international law;

d) Holding meetings for consultation;

dd) Translating relevant documents;

e) Formulating suggestion reports.

3. Expenditures on negotiation and conclusion of a treaty include:

a) Welcoming foreign negotiation delegates;

b) Conducting negotiation and conclusion of the treaty in Vietnam or in a foreign country;

c) Holding meetings of preparatory negotiation and making minutes of negotiation;

d) Reviewing the treaty concluded in a visit of a delegate of foreign senior leader(s) in Vietnam or a visit of a delegate of Vietnamese senior leader(s) in a foreign country;

dd) Translating relevant documents.

4. Expenditures on verification of the Ministry of Foreign Affairs and assessment of the Ministry of Justice in terms of proposals for conclusion and accession of a treaty include:

a) Buying and collecting materials that directly relate to the treaty;

b) Making independent assessment reports on the extent of conformity between the treaty and regulations of Vietnamese law, the extent of compatibility between the treaty and relevant treaties as assigned by competent authorities;

c) Making inspection reports and assessment reports;

d) Translating relevant documents;

dd) Holding meetings for consultation;

e) Establishing an inspection council and/or an assessment council in the cases prescribed in Clause 3 Article 18 and Clause 3 Article 20 of the Law on treaties.

5. Expenditures on inspection by Foreign Affairs Committee of National Assembly, Office of the President, Office of the Government in terms of proposals for negotiation, conclusion, ratification, accession, amendments, extension, termination, renunciation, withdrawal, temporary suspension of treaties include:

a) Buying and collecting materials that directly relate to the treaty;

b) Holding meetings for consultation;

c) Establishing an inspection council in case of importance and complicated treaty;

d) Making inspection reports.

6. Expenditures on deposit, archive, copying, and posts of a treaty include:

a) Deposit of multilateral treaty;

b) Archive of the treaty; decisions on negotiation and conclusion of the treaty; notifications of foreign affairs, instruments of ratification and accession to the treaty; power of attorney of negotiation and conclusion of the treaty; power of attorney of attendance of international conventions and relevant instruments;

c) Copying from the original treaty;

d) Posting the treaty on the websites of the proposing agency and of the Ministry of Foreign Affairs;

dd) Issuing copies of the treaty;

e) Building and operating the database of Vietnamese treaties located at the Ministry of Foreign Affairs.

7. Expenditures on implementation of a treaty include:

a) Buying and collecting materials that directly serve the implementation of the treaty;

b) Formulating plans for implementation of the treaty;

c) Raise public awareness of the treaty;

d) Translating materials that directly serve the implementation of the treaty;

dd) Providing finance or paying annual membership dues for international organizations established under a treaty to which Vietnam is a signatory;

e) Holding settlement dialogue and conventions in Vietnam or attending overseas conventions in terms of implementation of the treaty;

g) Initiating duties of central government agencies in accordance with the treaty; central agencies in charge of supervision of the implementation International Agreement as assigned by the Government and/or the Prime Minister;

h) Making and translating national reports on implementation of multilateral treaty as prescribed by the treaty; assigning working groups in charge of presentation and protection of the national reports and cross assessment of national reports of other countries as prescribed by the treaty.

8. Expenditures on inspection, supervision and summary of conclusion and implementation of a treaty include:

a) Inspecting and supervising the conclusion and implementation of the treaty;

b) Making reports and holding meetings of assessment of reports on inspection, supervision, and summary of the conclusion and implementation of the treaty.

9. Expenditures on issuance of legal opinions to treaties, loan agreements and Government guarantees include:

a) Buying and collecting directly-related materials;

b) Translating materials directly related to issuance of legal opinions;

c) Drafting legal opinions;

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

10. Necessary expenditures directly serving treaty-related work.

Article 6. Expenditures on international agreement-related work

1. Expenditures on formulation of projects/plans for negotiation, conclusion, amendments, extension, termination, temporary suspension of an international agreement include:

a) Buying and collecting materials that directly relate to the international agreement;

b) Holding meetings for consultation;

g) Translating the international agreement and relevant documents.

2. Expenditures on proposals for negotiation, conclusion, amendments, extension, termination, temporary suspension of an international agreement include:

a) Buying and collecting materials that directly relate to the international agreement;

b) Reviewing the extent of conformity between the international agreement and regulations of Vietnamese law and relevant treaties;

c) Making suggestion reports.

3. Expenditures on negotiation and conclusion of an international agreement include:

a) Welcoming foreign negotiation delegates;

b) Conducting negotiation and conclusion of the international agreement in Vietnam or in a foreign country;

d) Reviewing the international agreement concluded in a visit of a delegate of foreign senior leader(s) in Vietnam or a visit of a delegate of Vietnamese senior leader(s) in a foreign country;

4. Expenditures on implementation of an international agreement include:

a) Archive, copying, announcement, raising public awareness of the international agreement;

b) Provide finance for the international agreement;

c) Holding domestic or overseas meetings in terms of implementation of the international agreement.

5. Expenditures on inspection, supervision and summary of the conclusion and implementation of an international agreement include:

a) Inspecting and supervising the conclusion and implementation of the international agreement;

b) Making reports and holding meetings of assessment of reports on inspection, supervision, and summary of the conclusion and implementation of the international agreement.

6. Necessary expenditures directly serving international agreement-related work.

Chapter III

IMPLEMENTATION PROVISIONS

Article 7. Effect

This Decree takes effect on July 01, 2016 and replaces Decree No. 26/2008/ND-CP dated March 5, 2008 of the Government on management and use of government budget for treaty-related work and international agreement-related work.

Article 8. Implementation organization

1. The Minister of Finance shall guide the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, other central government agencies, Chairman of People’s Committee of central-run provinces and cities shall implement this Decree. /.

For the Government

The Prime Minister

Nguyen Xuan Phuc