Quyết định 51/2009/QD-TTg

DECISION

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE PERMANENT MISSION OF THE SOCIALIST REPUBLIC OF VIETNAM TO THE UNITED NATIONS, THE WORLD TRADE ORGANIZATION AND OTHER INTERNATIONAL ORGANIZATIONS AT GENEVA

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 2, 1993 Ordinance on Overseas Representative Missions of the Socialist Republic of Vietnam;
Pursuant to the Government's Decree No. 183-CP of November 18, 1994, detailing the implementation of Ordinance on Overseas Representative Missions of the Socialist Republic of Vietnam;
Pursuant to the Government's Decree No. 15/ 2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;
At the proposal of the Minister of Foreign Affairs,

DECIDES:

Article 1. Position and functions

1. The Permanent Mission of the Socialist Republic of Vietnam to the United Nations (UN), the World Trade Organization (WTO) and other International Organizations at Geneva, Switzerland, (below referred to as the Mission) is the official representative agency of the Socialist Republic of Vietnam in its relations with the UN, the WTO and other international organizations at Geneva in conformity in relevant treaties to which Vietnam is a contracting party.

2. The English transaction name of the Mission is Permanent Mission of the Socialist Republic of Vietnam to the United Nations, the World Trade Organization and other International Organizations at Geneva (referred to as Vietnam Mission to the UN and the WTO at Geneva).

3. The Mission has its own head office in Geneva, bank account and seal bearing the national emblem. Its operation funds are allocated from the state budget in accordance with law.

Article 2. Tasks and powers

1. To represent the Socialist Republic of Vietnam to the UN, the WTO and other international organizations at Geneva.

2. To protect rights and interests of the Socialist Republic of Vietnam at the UN, the WTO and other international organizations at Geneva.

3. To promote cooperative relations between the Socialist Republic of Vietnam and the UN, the WTO and other international organizations at Geneva as well as its relations with members of these organizations; to take advantage of technical assistance and cooperation of international organizations for the national development.

4. To perform consular tasks to protect rights and interests of the Vietnamese State, legal entities and citizens in conformity with laws of Vietnam and the host country.

5. To participate in the conclusion of and accession to treaties in accordance with law.

6. To perform the state management of activities of the Socialist Republic of Vietnam to the UN, the WTO and other international organizations at Geneva.

7. To carry out administrative reform under programs, plans and guidance of the Government, the Prime Minister and the Minister of Foreign Affairs; to settle complaints and denunciations, prevent and combat corruption, waste and practice thrift in accordance with law.

8. To implement regulations of the .State and the Ministry of Foreign Affairs on administrative work, accounting, finance, clerical and archival work, protection of state secrets and assurance of safety and labor discipline of its offices.

9. To manage, use and protect assets and material foundations of the Mission and use allocated state budget funds in an economical and efficient manner in accordance with law.

10. To perform other tasks and exercise other powers under the direction, assignment or authorization of the President, the Prime Minister or the Minister of Foreign Affairs and as prescribed by law; to comply with instructions of the Minister of Industry and Trade on tasks related to the WTO.

Article 3. Organizational structure and payroll

1. The UN and International Organizations Affairs Office (referred to as UN Affairs Office).

The UN Affairs Office shall deal with affairs concerning activities of the Socialist Republic of Vietnam in UN organizations based in Geneva, including the Human Rights Council and the Disarmament Conference, external political-economic affairs, multilateral international cooperation affairs and other affairs assigned by the Ambassador - Head of the Mission in accordance with current regulations.

2. The WTO and Multilateral Trade Affairs Office (referred to as WTO Affairs Office).

The WTO Affairs Office shall deal with affairs concerning the participation of the Socialist Republic of Vietnam in the WTO and multilateral trade-economic cooperation affairs and perform other tasks assigned by the Ambassador - Head of the Mission.

The WTO Affairs Office shall act the focal point in receiving and processing documents related to WTO affairs and other multilateral trade-economic affairs assigned by the Ambassador - Head of the Mission in accordance with current regulations on administrative, clerical and archival work; be permitted to use the Mission's seal for documents on WTO and multilateral trade-economic affairs, and make reports to the Ambassador - Head of the Mission when requested.

3. The Chancery shall take charge of administra­tive, clerical and managerial work, community-related, consular and protocol affairs and other internal, external and professional affairs as assigned by the Ambassador - Head of the Mission

4. The Mission's payroll of cadres, civil servants and officials shall be proposed by the Minister of Foreign Affairs to the Prime Minister for decision

The WTO Affairs Office's payroll shall be proposed by the Ministry of Industry and Trade after consulting the Ministry of Foreign Affairs, to the Prime Minister for approval within the Mission's general payroll, including civil servants of relevant ministries and agencies as prescribed by the Prime Minister.

Based on the nature of work at each specific time and in case of necessity, the Ambassador Head of the Mission may propose the Minister of Foreign Affairs to assume the prime responsibility for, and coordinate with relevant agencies in. proposing the Prime Minister to make decision on adjustments to the Mission's payroll.

Article 4. The Mission's leadership

1. The Ambassador - Head of the Mission is the highest-level representative of the Vietnamese State in its relations with the UN, the WTO and other international organizations at Geneva. The Mission operates under the single-leader regime on the principle of democratic centralism.

2. The Ambassador - Head of the Mission shall be appointed by the President to act as head of the Mission to directly instruct, execute and manage all operations of the Mission: and be sent and recalled in accordance with law. The Ambassador - Head of the Mission is the overseas member of the National Commission for International Economic Cooperation.

3. Deputy Heads of the Mission shall be conferred appropriate diplomatic titles by the Minister of Foreign Affairs in accordance with law and tasked to assist the Ambassador - Head of the Mission in providing professional instructions to, and performing administrative management of, attached units stated at Points 1, 2 and 3, Article 3, of this Decision, and perform other tasks as assigned by the Ambassador - Head of the Mission. The deputy head in charge of the WTO Affairs Office shall be appointed at the proposal of the Minister of Industry and Trade.

4. In case the post of Ambassador - Head of the Mission is vacant or the Ambassador - Head of the Mission is temporarily absent or. for other reasons, unable to perform his/her tasks, the diplomat of the Ministry of Foreign Affairs holding the immediately lower post at the Mission shall be assigned as Acting Head of the Mission to perform tasks and powers of the Ambassador - Head of the Mission.

Article 5. Tasks and powers of the Ambassador - Head of the Mission, Deputy Heads of the Mission and its staff members

1. The Ambassador - Head of the Mission has the following tasks and powers:

a/ To direct and organize activities to represent the Socialist Republic of Vietnam to the UN. the WTO and other international organizations at Geneva under agreements between the Socialist Republic of Vietnam and these international organizations in strict accordance with the State's foreign relation line and policy in relations with relevant international organizations;

b/To direct, manage, organize the performance of, and take responsibility for, working activities of the Mission; to promulgate the Regulation on the working procedures and coordination and other rules to ensure the effective operation of the Mission in accordance with law;

c/ To direct the implementation of working programs and plans of the Mission; to coordinate with relevant ministries and branches in providing professional directions for operations of relevant offices;

d/ To direct cadres, civil servants and officials of the Mission to strictly abide by the State's foreign policy and manage the observance of labor discipline by cadres, civil servants and officials of the Mission in order to create favorable conditions for them to fulfill their assigned tasks in conformity with professional directions of managing agencies, the Government Negotiation Delegation and relevant agencies;

e/ To manage material foundations and the whole budgetary funds used for operations of the Mission and other budgetary amounts in accordance with law;

f/ To promptly report to the President, the Government, the Prime Minister, the Minister of Foreign Affairs and other relevant agencies about strategic lines and decisions of the UN, the WTO and other international organizations at Geneva which may affect security, defense, economics, trade and other affairs of Vietnam.

g/ To make periodical or irregular reports to the Minister of Foreign Affairs on the organization and operation of the Mission; to propose to the Prime Minister, the Minister of Foreign Affairs and other domestic relevant agencies orientations on the operation, organizational apparatus and payroll of the Mission and policies toward its cadres and officials.

2. Deputy heads of the Mission have the following tasks and powers:

a/ To implement and take responsibility for tasks assigned by the Ambassador - Head of the Mission:

b/ To direct and take responsibility before the Ambassador - Head of the Mission for operations of units under their management as assigned;

c/ To regularly report to the Ambassador - Head of the Mission on the performance of assigned tasks:

d/ The Deputy Head in charge of the WTO Affairs Office who is also the deputy permanent representative of the Socialist Republic of Vietnam at the WTO shall direct, organize and execute operations of the Office under general directions of the Ambassador and report to the Ambassador -Head of the Mission on the performance of regular tasks of the Office.

The Deputy Head in charge of the WTO Affairs Office is permitted, under the authorization of (he Ambassador - Head of the Mission, to sign and directly send to the Minister of Industry and Trade and the head of the Government Delegation for International Trade-Economic Negotiations official telegrams on WTO-related work: lo report lo the Ambassador - Head of the Mission and take responsibility for the contents of official documents in accordance with current regulations.

The Deputy Head in charge of the WTO Affairs Office shall prepare annual fund estimates for relevant operations and submit them to the Ambassador - Head of the Mission for approval and incorporation in the common budget estimates of the Mission and take responsibility for the use of the approved budgetary amount in accordance with law. In ease of necessity to make adjustments, the Deputy Head of the Mission in charge of the WTO Affairs Section shall report the case to the Ambassador - Head of the Mission for decision;

3. Staff members of the Mission have the following tasks and powers:

a/ To fulfill and take responsibility for tasks assigned by the Ambassador - Head of the Mission;

b/ To actively contribute to enhancing cooperative relations between the Socialist Republic of Vietnam and UN organizations, the WTO and other international organizations at Geneva;

c/ To abide by laws of the Socialist Republic of Vietnam, charters and rules of the UN, the WTO and other international organizations at Geneva; to respect and abide by international laws and practice and laws of the host country.

Article 6. Commendation, reward and discipline

1. Forms of and policies on commendation and reward comply with current regulations of the State and the Ministry of Foreign Affairs.

2. Acts of violating laws of the Socialist Republic of Vietnam and Switzerland, charters and rules of the UN, the WTO and other international organizations at Geneva and this Decision shall, depending on their severity, be handled in forms of discipline, administrative sanction or penal liability examination in accordance with law.

3. The Minister of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Minister of Industry and Trade, ministers and heads of domestic competent agencies in. deciding on forms of discipline applicable to cadres and officials working at the Mission at the proposal of the Ambassador - Head of the Mission.

4. The Ambassador - Head of the Mission may decide to send home staff members of the Mission who commit acts of violation stated in this Article, causing serious consequences, and shall promptly report the cases to the Minister of Foreign Affairs and heads of domestic competent agencies for consideration and settlement. In case the violator is the Ambassador - Head of the Mission, the Minister of Foreign Affair may decide to send him/ her home and such a decision must be immediately reported to the President and the Prime Minister.

Article 7. Effect and implementation responsibility

1. This Decision takes effect on June 1, 2009. Previous regulations contrary to this Decision are annulled.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial-level People's Committees, the head of the Permanent Mission of the Socialist Republic of Vietnam to the UN, the WTO and other International Organizations at Geneva, and relevant agencies and organizations shall implement this Decision.-