GOVERNMENT OF
VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
No. 28/2025/ND-CP |
Hanoi, February 24, 2025 |
DECREE
ON FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FOREIGN AFFAIRS
Pursuant to the Law on Government Organization dated February 18, 2025;
At the request of the Minister of Foreign Affairs;
The Government promulgates a Decree on functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs.
Article 1. Position and functions
The Ministry of Foreign Affairs is a governmental agency which performs unified state management of foreign affairs within the political system of Vietnam, including: affairs related to diplomacy, borders, national territory, affairs related to the Overseas Vietnamese community, international treaties, international agreements, management of overseas representative missions of the Socialist Republic of Vietnam (hereinafter referred to as “Vietnamese diplomatic missions overseas”) and activities of Foreign diplomatic missions in Vietnam; state management of public services in fields under state management of the Ministry of Foreign Affairs in accordance with laws; provision of advice on strategic orientation and implementation of the guidelines, policies and diplomatic activities of the CPV and State, direction of people-oriented diplomacy works and local diplomacy works as per regulations.
Article 2. Tasks and powers
The Ministry of Foreign Affairs shall perform the tasks and powers specified in the Law on Government Organization, the Government’s regulations on functions, tasks, powers and organizational structure of ministries and ministerial agencies, and the following tasks and powers:
1. Submit bills and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government in accordance with annual legislative programs and plans of the Government and resolutions, projects and schemes as assigned by the Government or the Prime Minister to the Government for consideration; submit other draft documents to competent authorities within its jurisdiction.
2. Propose long-term, medium-term and annual development plans, strategies, master plans, and important projects and works, national target programs in the sectors and fields under the state management of the Ministry of Foreign Affairs to the Government or the Prime Minister for consideration.
3. Propose draft decisions, directives and other documents in the sectors and fields under the state management of the Ministry of Foreign Affairs or as assigned by the Government or the Prime Minister to the Prime Minister for consideration.
4. Promulgate circulars and other documents on state management in the sectors and fields under the state management of the Ministry of Foreign Affairs.
5. Direct, instruct, inspect and organize implementation of legislative documents, strategies, master plans, plans and national target programs under the state management of the Ministry of Foreign Affairs after they are approved; organize dissemination and education of law and monitor the compliance with law in the sectors and fields under the state management of the Ministry of Foreign Affairs.
6. Regarding unified management of foreign affairs as per regulations:
a) Consolidate and formulate annual and full-term diplomacy plans of the leaders of the CPV, State, Government and National Assembly (hereinafter referred to as “the CPV and State”); organize implementation of foreign affairs of the CPV’s and State’s leaders as per regulations;
b) Take charge and cooperate in formulating guidelines on election at international organizations and multilateral mechanisms; guidelines for organization of significant international events with political and diplomatic significance, and the establishment of representative offices of international organizations in Vietnam in accordance with law, and submit them to competent authorities for approval;
c) Consolidate plans and urge the conduct of foreign affairs of ministries, ministerial agencies, relevant agencies and local authorities; provide guidance and advice to competent authorities on the inspection and supervision of foreign affairs, and request ministries, ministerial agencies, relevant agencies and local authorities to submit periodic and ad hoc reports on the conduct of foreign affairs; urge the implementation of international commitments and agreements signed within the framework of high-level foreign affairs;
d) Formulate plans and organize provision of training, refresher training and professional instructions on foreign affairs and international integration in accordance with law;
dd) Provide advice on, perform standardized and unified management of the use of common foreign languages in high-level political and diplomatic activities of the CPV and State.
e) Appraise or participate in appraising schemes for foreign affairs to be submitted to competent authorities as per regulations.
7. Manage international conferences and seminars organized in Vietnam under its state management in accordance with regulations of law; submit annual reports on the organization of international conferences and seminars in Vietnam to the Prime Minister of Vietnam.
8. Take charge and cooperate in researching, consolidating and proposing issues related to the protection of the State's sovereignty and interests, the legitimate rights and interests of Vietnamese organizations and citizens in foreign countries in accordance with regulations of Vietnamese law, international law and as assigned by the Prime Minister.
9. Regarding strategic orientation researches, forecasts, and advice:
a) Promptly provide information and advice to the CPV’s and State’s leaders on issues related to world situation and international relations of Vietnam;
b) Research, consolidate, forecast and advise on strategic orientations related to the world situation, international relations, international law, political, economic and cultural relations of Vietnam, overseas Vietnamese, the status of political parties and people's movements worldwide, the situation of parliaments in various countries, global and regional inter-parliamentary organizations, and in other fields under the state management of the Ministry of Foreign Affairs and as per regulations;
c) Prepare and formulate the Government’s reports in the National Assembly's sessions on the international situation and foreign relations of the CPV and State of Vietnam.
10. Regarding the representation in foreign affairs of the CPV and State of Vietnam:
a) Act as the representative of the CPV and State of Vietnam in diplomatic relations with other nations and inter-governmental international organizations; conduct foreign affairs of the CPV and State as per regulations;
b) Propose the establishment, development or suspension of diplomatic and consular relations with nations and inter-governmental international organizations; the establishment, suspension or shutdown of overseas Vietnamese representative offices as per regulations to the Government of Vietnam;
c) Request the Prime Minister to propose requests for appointment or dismissal of the ambassador extraordinary and plenipotentiary to the Standing Committee of the National Assembly for approval; request the Prime Minister to propose appointment or recall of the ambassador extraordinary and plenipotentiary, representative of the President at international organizations to the Prime Minister for decision;
d) Appoint or recall Vietnam's permanent representatives in international organizations, except the case specified at point c of this clause; heads of overseas Vietnamese consulates; decide to appoint or dismiss Vietnamese honorary consuls in foreign countries.
11. Regarding state protocol:
a) Perform the state management of foreign etiquette, diplomatic privileges and immunities as prescribed by law; instruct and manage the exercise of diplomatic privileges and immunities and performance of diplomatic etiquette by foreign diplomatic missions in Vietnam and Vietnamese diplomatic missions in foreign countries in accordance with Vietnamese law and international law and practices;
b) Approve diplomatic representatives of foreign countries and international organizations in Vietnam and overseas Vietnamese diplomatic representatives;
c) Prepare and serve the CPV’s and State’s high-ranking delegations with visits to foreign countries or international conferences; welcome high-ranking delegations from foreign countries and international organizations visiting Vietnam as per regulations;
d) Issue identity cards to members of diplomatic missions, consulates, foreign honorary consuls, representative offices of international organizations in Vietnam and their family members as per regulations.
12. Regarding economic diplomacy:
a) Establish foreign political relations and appropriate multilateral and bilateral relations in order to promote Vietnam's foreign trade relations and international economic integration;
b) Research, forecast and provide information about international economic issues and international economic relations; cooperate in advising on and formulating guidelines and policies in service of socio-economic development and international economic integration, handling arising issues related to foreign trade and running diplomatic and political campaigns to support foreign trade as assigned by the Government and competent authorities;
c) Advising on formulating guidelines, policies and plans on economic diplomacy serving the enhancement and consolidation of diplomatic and political relations; support ministries, central and local authorities, enterprises and people in formulating and implementing programs and plans for economic diplomacy, expansion and improvement of the effectiveness of international economic cooperation as stipulated.
13. Regarding cultural diplomacy:
a) Formulate legal bases and policies on cultural diplomacy; advise on handling arising issues related to cultural diplomacy as assigned by the Government and the Prime Minister of Vietnam;
b) Formulate and implement cultural diplomacy programs and activities at home and abroad under the state management of the Ministry of Foreign Affairs;
c) Work as the Chairperson and Secretariat of the Vietnam National Commission for UNESCO; as a permanent member of the Vietnam National Commission for UNESCO.
14. Regarding diplomatic information:
a) Disseminate diplomatic activities of the CPV’s and State’s leaders;
b) Monitor, research and collect opinions of the foreign press in service of external information;
c) Express Vietnam's official views and stances on international and diplomatic issues; organize international press conferences within the jurisdiction of the Ministry of Foreign Affairs and in accordance with law; play the leading role in the preparation of interview answers related to international and diplomatic issues of the CPV’s and State’s leaders;
d) Manage and license the information and press activities of foreign press agencies in Vietnam and of foreign press agencies accompanying foreign delegations visiting Vietnam under the jurisdiction of the Ministry of Foreign Affairs and as per regulations;
dd) Manage the Web Portal of the Ministry of Foreign Affairs and web portals of overseas Vietnamese representative offices in service of external information.
15. Regarding consular work:
a) Protect state interests, legal rights and benefits of overseas Vietnamese citizens and legal persons as per regulations;
b) Carry out consular legalization, consular certification, judicial delegation, other works related to civil status, nationality, adoption, exit and entry of Vietnamese citizens and foreigners under the management of the Ministry of Foreign Affairs in accordance with regulations;
c) Manage and direct consular work of overseas Vietnamese representative offices, overseas Vietnamese honorary consuls, foreign affairs agencies of provinces and central-affiliated cities as per regulations;
d) Perform another consular work in as prescribed by law, as assigned by the Government, the Prime Minister and in accordance with international treaties to which Vietnam is a signatory.
16. Regarding the migration of Vietnamese citizens to foreign countries:
a) Formulate guidelines and policies on international migration and measures to promote legal, safe and orderly migration in accordance with Vietnam’s conditions and international practices;
b) Instruct and inspect work related to the migration of Vietnamese citizens to foreign countries.
17. Regarding work for overseas Vietnamese:
a) Study and summarize the situation, propose and implement guidelines, policies, and laws regarding overseas Vietnamese;
b) Promote the national unity among overseas Vietnamese, give its mind to improving the conditions of overseas Vietnamese and create conditions to attract overseas Vietnamese; organize, support, consult, and guide organizations and individuals of overseas Vietnamese in their connections with those in Vietnam and vice versa, contributing to the development of the country;
c) Support overseas Vietnamese in stabilizing their lives, integrating into the social life of their host countries, and preserving and promoting the cultural identity, language, and fine traditions of Vietnam.
18. Regarding national borders and territory: take charge and cooperate with ministries, ministerial agencies, related agencies and local authorities as prescribed by law:
a) Propose guidelines, policies, strategies and measures and research, summarize and assess conditions of national borders and territory in the mainland, islands, airspace and territorial waters of Vietnam; settle legal disputes over borders and territory; struggle for political, foreign and legal affairs, and public opinions to provide protection of national borders, territorial integrity, sovereignty, sovereign rights and jurisdiction of Vietnam in the mainland, islands, airspace and territorial waters of Vietnam;
b) Advise on and propose determination of national borders, territorial integrity, scope of sovereignty, sovereign rights and jurisdiction of Vietnam over land, islands, airspace and territorial waters of Vietnam;
c) Advise on, propose and organize negotiations on forming national borders and territory; determine boundaries of Vietnam's airspace and territorial waters with related neighbouring countries; sign, cooperate in and implement international treaties concerning national borders and territory with the related countries; request ministries, ministerial agencies, related agencies and local authorities to submit periodic or ad hoc reports on the border management and protection;
d) Advise and propose the development and implementation of guidelines, policies, strategies and programming of the national land-border checkpoint system; advise the Government on the opening and upgrading of land border checkpoints and measures to be taken to protect the stability and clarity of border lines and national border markers; build the national land border database.
19. Regarding management of Vietnamese diplomatic missions overseas:
a) Take responsibility before the Government for performing the state management of Vietnamese diplomatic missions overseas; direct and inspect the implementation of the CPV’s and State's foreign policies and guidelines and the performance of functions and tasks of Vietnamese diplomatic missions overseas and members of Vietnamese diplomatic missions overseas as per regulations;
b) Comply with regulations of law on organization and payroll of Vietnamese diplomatic missions overseas.
c) Appoint, dismiss and recall members of Vietnamese diplomatic missions overseas in accordance with law, except for members of the representative missions specified at point c clause 10 of this Article;
d) Manage and organize implementation of its work of finance, state property, material and technical facilities, and basic construction investment of the Vietnamese diplomatic missions overseas as per regulations.
20. Regarding management of diplomatic activities of representatives of overseas missions and organizations of the Socialist Republic of Vietnam (hereinafter referred to as “overseas Vietnamese missions and organizations”):
a) Guide and inspect the implementation of guidelines and policies of the State, tasks and powers of overseas Vietnamese missions and organizations as per regulations;
b) Support and facilitate the performance of functions, tasks and powers of overseas Vietnamese missions as per regulations.
21. Manage activities of diplomatic missions, consulates, foreign honorary consulates and representative offices of inter-governmental international organizations in Vietnam as per regulations.
22. Manage foreign non-governmental organizations in Vietnam; grant, renew, amend and revoke registration certificates of foreign non-governmental organizations in Vietnam as per regulations.
23. Regarding international treaties and agreements:
a) Perform state management of international treaties and agreements:
b) Review proposals for concluding and joining international treaties of ministries, ministerial agencies and related agencies before submitting them to the Government; comment on international agreements proposed by other ministries, ministerial agencies and other related agencies as per regulations;
c) Consult, research and propose the negotiation of international treaties related to war, peace, national sovereignty, and international treaties and agreements within its jurisdiction;
d) Review and compare the final drafts of international treaties, and cooperate with foreign parties in organizing international treaty signing ceremonies during the visits of the visiting period of high-ranking Vietnamese delegations to foreign countries or of high-ranking foreign delegations to Vietnam, unless there are other agreements with these foreign parties or other decisions of competent authorities;
dd) Give feedback and evaluations on the compatibility of proposals for formulation of bills and draft legislative documents with relevant international treaties to which the Socialist Republic of Vietnam is a signatory as per regulations;
e) Formulate and operate database on international treaties of the Socialist Republic of Vietnam.
24. Formulate and implement Vietnam’s guidelines and policies in multilateral forums on development of international law.
25. Manage its organizational apparatus, payroll and working positions, implement salary regimes, provide training, refresher training, emulation, reward and disciplinary actions and other regimes and policies for officials and public employees and workers under its management as per regulations.
26. Inspect the implementation of laws in the fields under its state management; receive citizens, settle complaints and denunciations; fight corruption and prevent wastefulness and handle violations of law in the fields under its state management as per regulations.
27. Manage and organize implementation of the works related to state property, finance and fundamental construction investment under its management.
28. Manage and organize implementation of administrative reform, digital transformation, and application of technology to the development of e-Government, digital government, diplomatic cipher, information security and safety under its management according to resolutions, programs and plans approved by the Government and the Prime Minister of Vietnam and as per regulations.
29. Provide public services in the fields under its state management.
30. Perform other tasks and powers assigned by the Government, Prime Minister or competent authorities as per regulations.
Article 3. Organizational structure
1. Europe Department.
2. Americas Department.
3. North East Asia Department.
4. South East Asia - South Asia - South Pacific Department.
5. Middle East - Africa Department.
6. Policy Planning Department.
7. Economic Affairs Department.
8. ASEAN Department.
9. International Organizations Department.
10. Law and International Treaties Department.
11. Press and Information Department.
12. Personnel and Organization Department.
13. Ministry Office.
14. Ministry Inspectorate.
15. Information Safety - Information Technology Department.
16. Consular Department.
17. State Protocol, Translation and Interpretation Department.
18. Department of Foreign Affairs and Cultural Diplomacy.
19. Administrative and Financial Department.
20. Ho Chi Minh City’s Department for External Relations.
21. National Border Committee.
22. State Committee for Overseas Vietnamese.
23. Diplomatic Academy of Vietnam.
24. Viet Nam and the World Report.
25. Overseas Vietnamese representative agencies.
The organizations prescribed in clauses 1 through 22 of this Article are organizations that assist the Minister in performing state management; the organizations prescribed in clauses 23 through 24 of this Article are public service providers affiliated to the Ministry of Foreign Affairs.
The organizations specified in clause 25 of this Article are overseas Vietnamese representative agencies established by the Government and directly managed by the Ministry of Foreign Affairs.
the Europe Department may consist of 5 divisions; The Personnel and Organization Department, the Law and International Treaties Department may be comprised of 4 divisions; the Americas Department, the North East Asia Department, the South East Asia - South Asia - South Pacific Department, and the Middle East - Africa Department may be comprised of 3 divisions.
The Minister of Foreign Affairs shall propose regulations on functions, tasks, powers and organizational structure of the Diplomatic Academy of Vietnam to the Prime Minister for decision and a list of other public service providers under the Ministry of Foreign Affairs to the Prime Minister for issuance.
The Minister of Foreign Affairs shall define functions, tasks, powers and organizational structure of the organizations under the Ministry of Foreign Affairs, except the organization specified in clause 23 of this Article.
Article 4. Transitional provisions
The National Border Committee and State Committee for Overseas Vietnamese may continue using the National Emblem on their seals.
Article 5. Entry into force and responsibility for implementation
1. This Decree comes into force as of March 01, 2025.
2. This Decree replaces Decree No. 81/2022/ND-CP dated October 14, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs of Vietnam.
3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Presidents of the People’s Committees of provinces or central-affiliated cities and relevant entities are responsible for implementation of this Decree.
|
ON BEHALF OF
THE GOVERNMENT |
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