W-TPHCM   Nguyễn Huế 9.jpg
A view of Ho Chi Minh City. Photo by Nguyen Hue.

The decree also sets out regulations for the pilot establishment of overseas representative offices by provincial-level People's Committees.

Under the decree, provincial-level administrations that rank among the country's top five localities in attracting foreign direct investment (including newly registered, adjusted and capital contribution/share purchase investments) or in export turnover during the previous year, or that fall under other special cases, may be selected to pilot the establishment of representative offices abroad.

The host country for a representative office must be among the top three countries investing in, or importing goods from, the relevant province or centrally governed city, based on newly registered, adjusted and capital contribution/share purchase investments or import turnover, unless otherwise determined under special circumstances.

The decree specifies the conditions for piloting the establishment of overseas representative offices by provincial People's Committees.

After reaching consensus with the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defence, the Ministry of Finance, and the Ministry of Home Affairs, a provincial government may decide to establish an overseas representative office. If any of these ministries objects, the representative office will not be established.

The representative office will be responsible for promoting the implementation of programs, projects, plans and cooperation activities between the governments, agencies, organizations, businesses and people of the two localities.

The office will also facilitate cooperation in trade, investment, science and technology, culture and labour; mobilize development assistance; promote Vietnam's history, culture and tourism in the host locality; and strengthen connections with Vietnamese associations and individuals living in the host country.

An overseas representative office of a provincial People's Committee is not part of Vietnam's diplomatic mission in the host country. It will operate under a head-of-office model in accordance with Vietnamese law, international law and the laws of the host country.

The office will be directed and managed by the provincial People's Committee while remaining subject to the unified management of foreign affairs by Vietnam's diplomatic mission in the host country.

Office members must hold at least a bachelor's degree, demonstrate proficiency in English and/or the official language of the host country, possess qualifications and professional experience relevant to the position, and meet health requirements to perform their duties. The decree encourages the recruitment of overseas Vietnamese residents to work at representative offices under employment contracts.

Before appointing office members, the provincial People's Committee must require documentation proving that candidates meet the prescribed qualifications, together with personal background records and judicial records for the candidates, as well as for their spouses and minor children expected to accompany them during their term of office, if applicable. Opinions from the Ministry of Public Security must also be obtained regarding personnel appointments.

The chairperson of the provincial People's Committee will decide on the appointment, dismissal and recall of representative office members, approve employment contracts with overseas residents serving as office members, and appoint or dismiss the head of the representative office.

For office members who are not permanent residents abroad, the standard term of office will be 36 months and may be extended when necessary by decision of the chairperson of the provincial People's Committee.

For office members who are permanent residents abroad, the term of office will follow the duration of their employment contract with the provincial People's Committee. In all cases, including any extensions, appointments may not continue beyond December 31, 2030.

Tran Thuong