Proposal to amend and supplement certain regulations related to Vietnamese representative offices abroad.

(Chinhphu.vn) - The Ministry of Foreign Affairs is seeking feedback on the draft Law amending and supplementing a number of articles of the Law on Representative Agencies of the Socialist Republic of Vietnam abroad.

Embassy of Vietnam in Berlin, Germany.

According to the Ministry of Foreign Affairs , Law No. 33/2009/QH12 on Representative Agencies of the Socialist Republic of Vietnam (hereinafter referred to as the Law on Representative Agencies), effective from September 2, 2009, and amended and supplemented in 2017, has created a unified legal framework contributing to strengthening the organizational structure and the performance of functions, tasks, and powers of Representative Agencies (including Embassies, Consulates General, Consulates, and Vietnamese Missions to intergovernmental international organizations); it serves as a basis for unified foreign affairs management, thereby enhancing the effectiveness of Vietnam's foreign affairs activities in host countries and organizations, maximizing domestic and foreign resources to promote international integration.

However, during its implementation, the Law on Representative Agencies also revealed some difficulties and shortcomings related to the functions, tasks, organizational structure, and operation of Representative Agencies; consular work; regimes and policies for members of Representative Agencies and their relatives; special mechanisms in some emergency situations; and some provisions in the current Law that are not consistent with specialized legal regulations.

The amendment and supplementation of several articles of the Law on Representative Agencies is necessary to address the shortcomings and limitations in the current provisions of the Law and to achieve the goal of improving the quality, effectiveness, consistency, comprehensiveness, and breadth of international integration, maintaining a peaceful and stable environment, and making a practical contribution to building, developing, and protecting the country as stated in Resolution No. 59-NQ/TW dated January 24, 2025, of the Politburo on international integration in the new situation.

Proposal to expand the scope of functions and responsibilities of the diplomatic mission to meet the requirements of the new situation.

Specifically, the draft law proposes amending regulations on expanding the scope of functions and tasks of diplomatic missions to meet the requirements of the new situation: adding the scope, functions, and tasks of diplomatic missions to include Party foreign affairs and new areas of cooperation not yet institutionalized in the Law: digital economy , green economy, circular economy, e-commerce, innovation and digital transformation, agriculture, environment; promoting foreign investment attraction; energy transition, hydrogen, carbon emission reduction, artificial intelligence, semiconductor chips, space, emerging fields in the world, and the work of building and enforcing laws in the host country and international organizations.

Regarding the coordination mechanism for unified foreign affairs management, the Draft Law has specified more clearly the responsibilities of ministries, sectors, and localities, and the coordination mechanism between these agencies and diplomatic missions; it assigns the Ministry of Foreign Affairs to issue regulations on unified coordination between Vietnamese diplomatic missions in the same area, clearly defining the functions, tasks, and independent scope of each diplomatic mission, specifying the lead agency, reporting mechanism, and specific responsibilities, ensuring maximum promotion of the proactive role and initiatives of each diplomatic mission; and it adds regulations on the reporting regime of agencies alongside diplomatic missions on their respective areas of responsibility.

The draft law also proposes adding Clause 4 after Clause 3 of Article 2 of Law No. 33/2009/QH12, which stipulates the model of "mobile Ambassador Extraordinary and Plenipotentiary". Specifically:

4. In cases where Vietnam has not yet established a representative office abroad and, based on an agreement with the receiving country, the State shall appoint a "Ride-going Ambassador Extraordinary and Plenipotentiary" to be in charge of and responsible for promoting relations between Vietnam and the relevant country. The appointment process for this position shall be similar to the appointment process for Ambassadors Extraordinary and Plenipotentiary under the law on representative offices.

Proposal to add certain powers to the Minister of Foreign Affairs regarding the organizational structure and staffing of diplomatic missions.

Furthermore, the draft law also proposes adding the authority of the Minister of Foreign Affairs to decide on extending the term of office of Ambassadors Extraordinary and Plenipotentiary, to regulate the functions, duties, and powers of Honorary Consuls of Vietnam abroad, and to decide on the establishment/expansion/reduction of consular areas of Vietnamese consular missions abroad.

The authority to recall/shorten the term of office of the Head of a Diplomatic Mission is supplemented by allowing the President to authorize the Minister of Foreign Affairs to decide on the recall/shortening of the term of office of the Head of a Diplomatic Mission.

To supplement and clarify the authority of the Minister of Foreign Affairs regarding the organizational structure and staffing of diplomatic missions, the Prime Minister approves the overall plan on the organizational structure and total staffing of all diplomatic missions. Based on the overall plan approved by the Prime Minister, the Minister of Foreign Affairs, in coordination with the Ministry of Interior and relevant agencies, decides on the organizational structure and staffing quotas for each diplomatic mission.

At the same time, the regulations are supplemented to stipulate that the Minister of Foreign Affairs and the head of the agency seconding the personnel decide on the transfer of staff under their management between representative agencies to meet the requirements of tasks at specific times when necessary, in accordance with Decision No. 50/QD-TTg dated April 4, 2025 of the Prime Minister on amending and supplementing Clause 7, Article 1 of Decision No. 466/QD-TTg dated March 23, 2016 of the Prime Minister on approving the Planning of the System of Representative Agencies of the Socialist Republic of Vietnam Abroad until 2020 and vision to 2030.

Propose several regulations and policies for members of diplomatic missions and their family members.

Regarding the level of health insurance coverage, the Draft Law proposes... Adjustment according to 02 options: (1) Fixed amount for health insurance purchase so that members of the Representative Office can proactively choose to purchase (payment based on actual expenses and not exceeding the fixed amount). (2) The State guarantees a health insurance standard equivalent to that of the host country.

The draft law proposes additions. Disease allowance scheme for certain areas; for certain dangerous diseases, policy to support travel and treatment costs in Vietnam or a third country; implementation of a dual-role allowance scheme for certain areas where individuals hold multiple positions.

In addition, regulations on training and professional development should be supplemented, with the State encouraging and providing financial support from the State budget for training and professional development of members of diplomatic missions in foreign languages, especially rare foreign languages, and specialized knowledge in foreign affairs and international integration before and during their term of service at Vietnamese diplomatic missions abroad.

Furthermore, the draft law also proposes allowing minor children accompanying members of diplomatic missions to receive "guaranteed" tuition fees in the host country and health insurance costs "partially supported" instead of "partially supported"; and to enjoy airfare and transportation costs similar to those of the spouse of a member of the diplomatic mission. It also proposes adding a concurrent duty allowance for members of diplomatic missions working in multiple locations; exempting allowances, subsidies, and living expenses for members of Vietnamese missions abroad and their relatives from personal income tax; and adjusting the cost of living index to automatically or periodically increase by 5% annually.

Please read the full draft and provide your feedback here./.

Snow Letter

Source: https://baochinhphu.vn/de-xuat-sua-doi-bo-sung-mot-so-quy-dinh-lien-quan-den-co-quan-dai-dien-cua-viet-nam-o-nuoc-ngoai-102251211110752319.htm