Decision No. 153/QD-BNG dated January 15, 2014, regulations on functions, tasks, powers and organizational structure of Ho Chi Minh City Department of Foreign Affairs issued by the Minister of Foreign Affairs

DECISION

REGULATIONS ON FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF HO CHI MINH CITY DEPARTMENT OF FOREIGN AFFAIRS

THE MINISTER OF FOREIGN AFFAIRS

Pursuant to the Government’s Decision No. 36/2012/ND-CP dated April 18, 2012 defining functions, tasks, powers and organizational structure of ministry and ministerial-level agencies;

Pursuant to the Government’s Decision No. 58/2013/ND-CP dated June 11, 2013 defining functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

At the request of director of Ho Chi Minh City Department of Foreign Affairs and general director of Organization and Personnel Department,

HEREBY DECIDE:

Article 1. Functions

1. Ho Chi Minh City Department of Foreign Affairs (hereinafter referred to as “the Department of Foreign Affairs”) is an administrative unit affiliated to the Ministry of Foreign Affairs functioning as an advisor to the Minister of Foreign Affairs on managing, unifying and developing diplomatic activities in Ho Chi Minh City (hereinafter referred to as "the City"), provinces and cities from Quang Nam Province and Da Nang City to the South (hereinafter referred to as "provinces of Southern Vietnam"), and other diplomatic matters of the City under the direction of the Party Committee and the People’s Committee of the City.

2. The Department of Foreign Affairs has a legal personality, a national emblem seal, an account opened with the bank and State Treasuries according to laws; and headquartered in Ho Chi Minh City.

Article 2. Tasks and powers

1. Administer diplomatic duties in Ho Chi Minh City and provinces of Southern Vietnam under the authorization of the Minister of Foreign Affairs (hereinafter referred to as “the Minister”) in accordance with foreign policy of the Communist Party, State and international laws and practices; assist and cooperate with other agencies in the City (including central agencies) and provinces of Southern Vietnam to assure full compliance with state regulations through relationship with foreign representative agencies and foreigners. Particularly:

a) Function as an advisor to the Minister on dissemination, promotion and implementation of the Communist Party’s policies and state regulations on diplomacy, implementation of diplomatic duties in political, economic, cultural, border and overseas mission areas, serving the cause of socio-economic development of the City and provinces of Southern Vietnam; cooperate with relevant units of the Ministry in handling sensitive issues concerning democracy and human rights in the provinces of Southern Vietnam.

b) Function as an advisor to the leaders of the City on implementation of diplomatic duties of the City across the areas; friendly relationship and cooperation between the City and other cities and localities in the world; act as a hub for diplomatic duties serving economic development in the area; establish bilateral and multilateral economic cooperation; integration of the City into the world economy.

2. Make regular reports on diplomatic duties across political, economic, cultural and overseas mission areas in provinces of Southern Vietnam, the Mekong Delta and Central Highlands.

3. Administer foreign consulates and representative agencies in economic, commercial, cultural, scientific and technical matters, international organizations based in the City; take part in the handling of cases associated with foreign countries in the City and provinces of Southern Vietnam.

4. Organize events of welcoming and serving international delegations invited by the Party and State to visit and work in the City.

5. Perform a number of consular duties in the provinces of Southern Vietnam under the authorization of the Minister including issuance, extension, amendment or termination, and administration of diplomatic and service passports; issue entry permits, extend, amend or terminate visa to foreigners who are under the management of the Ministry of Foreign Affairs; issue diplomatic notes to competent agencies of foreign countries requesting issuance of visa to Vietnamese citizens; carry out consular legalization and authentication of papers and documents; take part in the handling of cases associated with foreigners, foreign legal persons and other relevant matters; perform other consular duties as authorized by the Minister.

6. Cooperate with Vietnam’s functional agencies and foreign representative agencies in handling exit procedures according to laws of Vietnam and foreign countries.

7. Carry out diplomatic communication tasks, disseminate and instruct the implementation of foreign policies of the Party and State and professional competences in diplomacy in the City and provinces of Southern Vietnam.

8. Administer foreign press activities in the City and provinces of Southern Vietnam.

9. Administer and direct activities undertaken by the Institute of Cultural Exchange with France, Center for Foreign Affairs and Languages Training in order to implement policies on external culture serving foreign political and economic relations.

10. Administer and direct the Service Center for Foreign Affairs’ activities according to policies on diplomacy serving economic development.

11. Administer and direct the Government’s Guesthouse’s activities so that it can well serve diplomatic protocol of the Party, state and the Ministry of Foreign Affairs in the City and provinces of Southern Vietnam.

12. Organize the implementation of administrative reforms according to the Minister’s programs and plans.

13. Manage and employ officials and civil servants of the Department of Foreign Affairs; have a plan for languages and competence training; implement policies on rewards and disciplines, material and spiritual care for staff to ensure accomplishment of assigned duties.

14. Perform other duties as assigned or authorized by the Minister and president of the People’s Committee of the City.

Article 3. Organizational structure and personnel

1. The Department of Foreign Affairs has a director and deputy directors which are appointed and dismissed by the Minister according to laws.

Director of the Department of Foreign Affairs shall be responsible to the Minister and the law for his/her activities.

Deputy directors shall assist the director in managing and leading the Department of Foreign Affairs' activities on assignment or under the authorization of the director and shall be responsible to the director and the law for their activities.

2. The Department of Foreign Affairs has following functional units:

a) Agency for foreign political and economic relations;

b) Agency for external culture and information;

c) Consular agency;

d) Agency for protocol;

dd) Agency for Organization and Personnel;

e) Office;

g) Institute of Cultural Exchange with France;

h) Center for Foreign Affairs and Languages Training;

i) Service Center for Foreign Affairs;

k) Government’s Guesthouse.

The units from points a to e, Clause 2 of this Article are assistants and advisors to director of the Department of Foreign Affairs; units from points g to k are public service providers established and dissolved by the Minister.

Heads and deputy heads of the units prescribed in Clause 2 of this Article are appointed or dismissed by director of the Department of Foreign Affairs according to regulations of the Ministry of Foreign Affairs.

3. Director of the Department of Foreign Affairs shall be responsible for directing the formulation and promulgation of operation regulations of the Department of Foreign Affairs and affiliated units in accordance with operation regulations of the Ministry of Foreign Affairs and relevant regulations.

4. Personnel of the Department of Foreign Affairs shall be decided by the Minister.

In addition to the personnel appointed, the Department of Foreign Affairs is permitted to sign employment agreement with Vietnamese citizens to perform the Department’s duties according to laws.

Article 4. Implementation

1. This Decision takes effect as of the signing date and supersedes the Minister of Foreign Affairs’ Decision No. 1479/2008/QD-BNG dated June 10, 2008 defining functions, tasks, powers and organizational structure of Ho Chi Minh City Department of Foreign Affairs. Any previous regulation in contravention of this Decision is hereby annulled.

2. Director of the Department of Foreign Affairs, general director of Department of Organization and Personnel, chief of the Ministry Office, Chief Inspector of Ministry and units affiliated to Ministries shall be responsible for executing this Decision./.