Circular No. 01/2020/TT-BNG on Honorary Consuls of the Socialist Republic of Vietnam

CIRCULAR

on Honorary Consuls of the Socialist Republic of Vietnam

Pursuant to the Law on Diplomatic Missions quanandại of the Socialist Republic of Vietnam Abroad Việt Nam ở For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.concerning the classification and determination of state management authority in the field of crop productionớc ngotoi June 18, 2009; 06 năm 2009;

Pursuant to the Lawamended and supplemented certain articles of the Law Cơ quanandại of the Socialist Republic of Vietnam Abroad Việt Nam ở For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.concerning the classification and determination of state management authority in the field of crop productionớc ngotoi November 21, 2017;

Pursuant to Decree No. 26/2017/NĐ-CP dated March 14, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

At the proposal of the Director of the Consular Department;

The Minister of Foreign Affairs Issuing the Circular on Honorary Consuls of the Socialist Republic of Vietnam.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular guides the appointment, operation, termination of operation, functions, tasks, and powers of Honorary Consuls of the Socialist Republic of Vietnam.

2. This Circular applies to Honorary Consuls of the Socialist Republic of Vietnam and relevant agencies, organizations, and individuals.

Article 2. Term of Office of Honorary Consul

The Honorary Consul is appointed by the Minister of Foreign Affairs for a term of three years upon the proposal of the head of the diplomatic mission of Vietnam in the receiving state or in the state of concurrent accreditation or upon the proposal of the Director of the Consular Department.

At the end of the term, the Honorary Consul may be reappointed by the Minister of Foreign Affairs upon the proposal of the head of the diplomatic mission of Vietnam in the receiving state or in the state of concurrent accreditation or upon the proposal of the Director of the Consular Department.

Article 3. Rank of Honorary Consul, Consular District, and Location of Office

The rank of Honorary Consul, consular district, and location of office are determined based on agreement with the receiving state.

Article 4. Professional or Commercial Activities of Honorary Consul

During the period of serving as Honorary Consul, the Honorary Consul may engage in personal professional or commercial activities. These activities are not related to the functions, tasks, and powers of the Honorary Consul. The Honorary Consul shall not use the title of Honorary Consul for their professional or commercial activities.

Article 5. Management and Direction of Honorary Consul

1. The Honorary Consul is directly managed and directed by the head of the diplomatic mission of Vietnam in the receiving state or in the state of concurrent accreditation.

2. In case of necessity, the Minister of Foreign Affairs may delegate authority to the Director of the Consular Department to directly manage and direct the activities of the Honorary Consul.

Article 6. Awards

Honorary Consuls who have made significant contributions to developing friendly relations and cooperation between Vietnam and the receiving state, protecting the interests of the State, rights, and legitimate interests of Vietnamese citizens and legal entities are proposed for awards by the Minister of Foreign Affairs to the Vietnamese State.

Chapter II

FUNCTIONS, TASKS AND POWERS OF

HONORARY CONSUL

 

Article 7. Principles of Performing Consular Functions

1. The Honorary Consul performs some or all of the consular functions specified in Articles 8 to 13 of this Circular at the delegation of the Minister of Foreign Affairs, provided that such performance does not contravene the laws or customs of the receiving state.

In exceptional cases, the Minister of Foreign Affairs may delegate to the Honorary Consul other consular functions specified in Article 8 of the Law on Diplomatic Missions of the Socialist Republic of Vietnam Abroad, provided that they comply with Vietnamese law, the law of the receiving state, and international treaties to which Vietnam and the receiving state are parties, and conform to international law and practice.

2. The Honorary Consul shall not delegate to others the consular functions specified in Clause 1 of this Article, except where permitted by the Minister of Foreign Affairs.

Article 8. Consular Protection Function

1. Honorary consuls shall take all appropriate measures to provide consular protection for the interests of the State, the rights and legitimate interests of Vietnamese citizens and legal entities within the consular district in accordance with Vietnamese law, the law of the receiving country, and international treaties to which Vietnam and the receiving country are parties, in compliance with international law and practice.

2. Honorary consuls have the obligation to report any information obtained in cases where Vietnamese citizens are arrested, detained, imprisoned, or serving a sentence within the consular district to the diplomatic mission of Vietnam in the receiving country or in the country of concurrent jurisdiction or to the Consular Department and to carry out any directives related to this from these agencies.

Article 9. Information Provision Function

1. Honorary consuls shall report on the economic, trade, investment, cultural, education-training, science-technology, and tourism situation within the consular district to the diplomatic mission of Vietnam in the receiving country or in the country of concurrent jurisdiction or to the Ministry of Foreign Affairs upon request.

2. Honorary consuls shall provide Vietnamese citizens and legal entities within the consular district with information about the laws and customs of the receiving country, particularly laws related to exit, entry, residence, work, and study of foreigners and activities of foreign legal entities in the receiving country.

Article 10. Support and Assistance Function for Citizens

1. Honorary consuls shall support and assist the cultural and social activities of Vietnamese citizens within the consular district.

2. Honorary consuls shall mobilize material assistance for Vietnamese citizens within the consular district when they encounter disasters or difficulties.

3. Honorary consuls shall receive and forward documents concerning civil status and requests related to Vietnamese nationality of Vietnamese citizens residing within the consular district to the diplomatic mission of Vietnam in the receiving country or in the country of concurrent jurisdiction or to the Consular Department.

Article 11. Inheritance Function

1. In cases where there is an inheritance opened in favor of Vietnamese citizens who are not present in the receiving country or who have not authorized another person to represent their interests, the honorary consul shall immediately take necessary measures to protect the interests of these individuals and simultaneously notify the diplomatic mission of Vietnam in the receiving country or in the country of concurrent jurisdiction or the Consular Department.

2. In cases where there is an inheritance opened in favor of the State or Vietnamese legal entities, the honorary consul has the duty to make similar notifications.

Article 12. Functions Related to Ships, Aircraft, and Other Modes of Transport

1. Honorary consuls shall ensure that all necessary assistance and intervention are provided so that Vietnamese ships, aircraft, and other modes of transport within the consular district enjoy full rights and benefits in the receiving country in accordance with the law of the receiving country, consistent with international treaties to which Vietnam and the receiving country are parties, in compliance with international law and practice.

2. In cases where the means of transport mentioned in Clause 1 of this Article suffer accidents, incidents, or theft within the consular district, the honorary consul shall immediately implement all measures to address the consequences and assist the persons and means of transport affected, and simultaneously notify the diplomatic mission of Vietnam in the receiving country or in the country of concurrent jurisdiction or the Consular Department.

In cases where accidents or incidents requiring urgent rescue occur near the consular district, the honorary consul shall immediately notify the diplomatic mission of Vietnam in the receiving country or in the country of concurrent jurisdiction or the Consular Department so that these agencies may request the competent authority of the receiving country to permit the honorary consul to proceed with protecting the affected citizens and means of transport.

Article 13. Functions regarding disease prevention and plant and animal protection

The Honorary Consul immediately reports to the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country or to the Consular Department about any epidemic appearing in the consular district that is harmful to human health, crops, and livestock.

Article 14. Duties and powers of the Honorary Consul

1. The Honorary Consul has the duty to protect the interests of the State, the rights and legitimate interests of Vietnamese citizens and legal entities in the receiving country in accordance with Vietnamese law, the law of the receiving country, and international treaties to which both Vietnam and the receiving country are parties, in compliance with international law and practice.

2. The Honorary Consul promotes and encourages economic, trade, investment, cultural, educational, scientific and technological, and tourism relations between Vietnam and the receiving country.

3. The Honorary Consul has the duty to submit periodic reports once every year (the report covers up to December 20th of each year) on the results of the Honorary Consul's activities and directions for future work. These reports are sent to the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country and the Consular Department.

Upon completion of the term, the Honorary Consul is responsible for preparing and submitting a summary report of the term to the aforementioned agencies.

4. While performing consular functions, the Honorary Consul must respect the laws and customs of Vietnam and the receiving country; arrange their own office and other necessary working means as stipulated in Clause 2, Article 20 of this Circular; and keep consular files confidential as stipulated in Clause 1, Article 21 of this Circular.

After ceasing operations, the Honorary Consul is responsible for handing over the seal, title stamp, name stamp, National Flag, National Emblem, signboard, Honorary Consul Card, and consular files according to the provisions of point b, Clause 4, Article 18, Clause 3, Article 19, and Clause 2, Article 21 of this Circular.

5. While performing consular functions, the Honorary Consul has the right to contact for work purposes and use communication means as stipulated in Articles 22 and 23 of this Circular.

6. While performing consular functions, the Honorary Consul is provided with necessary information and documents by the Ministry of Foreign Affairs and the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country.

 

Chapter III

APPOINTMENT, ACTIVITIES, AND TERMINATION OF ACTIVITIES

OF THE HONORARY CONSUL

 

Article 15. Conditions for appointing the Honorary Consul

The person appointed as Honorary Consul must meet the following conditions:

1. Being a Vietnamese citizen, a citizen of the receiving country, or a citizen of a third country;

2. Residing permanently in the receiving country;

3. Having social reputation and financial capability;

4. Having a clear criminal record;

5. Having knowledge of Vietnam and the receiving country;

6. Not being a civil servant or state employee of Vietnam or any other country, and not receiving salary from the budget of the Government of Vietnam or any other country.

Article 16. Application dossier for appointment as Honorary Consul

1. Application dossier for appointment as Honorary Consul:

a) A letter addressed to the Minister of Foreign Affairs expressing the desire to be appointed as Honorary Consul, in which the applicant commits to self-funding all expenses for the Honorary Consul's activities, not accepting salary from the Government of Vietnam, respecting the laws and customs of Vietnam and the receiving country. The letter specifies the proposed location for the Honorary Consul's office and the consular district;

b) A curriculum vitae with one 4x6 cm photograph attached (recently taken, white background, face looking straight ahead, bare head, no tinted glasses);

c) Two 2x3 cm photographs for the Honorary Consul Card (recently taken, white background, face looking straight ahead, bare head, no tinted glasses);

d) Certified copy of passport. In case of being a Vietnamese citizen or a citizen of a third country, a certified copy of the passport and Residence Permit in the receiving country must be submitted;

đ) Criminal record issued by the competent authority of the receiving country within one year from the date of submission of the application;

e) Proposed program and action plan;

2. Application dossier for reappointment as Honorary Consul includes the documents specified in points a, c, d, đ of Clause 1 of this Article and the Summary Report of the term of the Honorary Consul.

3. Foreign language documents in the application dossier must be translated into English or Vietnamese and authenticated with the signature of the translator as prescribed. Criminal records must be legalized consularly according to the law before translation and authentication of the translator's signature, except in cases exempted from consular legalization under international treaties to which Vietnam is a party or based on the principle of reciprocity.

Article 17. Procedure for appointing Honorary Consuls

1. Procedure for appointing Honorary Consuls

a) The person wishing to be appointed as an Honorary Consul (hereinafter referred to as the candidate for Honorary Consul) submits one set of application dossier for appointment as an Honorary Consul as prescribed in Clause 1, Article 16 of this Circular to the Consular Department (directly or through the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country).

b) The Consular Department is responsible for checking the dossier. In case the dossier is incomplete or invalid, the Consular Department guides the candidate for Honorary Consul to supplement and complete it.

In case the dossier is complete and valid, the Consular Department requests the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country to provide comments on the necessity of appointing an Honorary Consul, on the individual candidate for Honorary Consul, and to propose the consular district and rank of Honorary Consul.

The Diplomatic Mission of Vietnam in the receiving country or in the concurrent country is responsible for consulting with the Foreign Ministry of the receiving country regarding the possibility of accepting the appointment of an Honorary Consul and informing the Consular Department of the result.

c) After receiving comments from the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country, the Consular Department exchanges with relevant units within the Ministry and related agencies and submits to the Minister of Foreign Affairs for consideration and decision on the appointment of an Honorary Consul.

d) After the Minister of Foreign Affairs agrees in principle to the appointment of an Honorary Consul, the Consular Department requests the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country to issue an official note requesting the Foreign Ministry of the receiving country to approve the appointment of an Honorary Consul.

đ) After the Foreign Ministry of the receiving country issues an official reply approving the appointment of an Honorary Consul, the Consular Department submits to the Minister of Foreign Affairs for signing the Decision on Appointment of Honorary Consul and the Certificate of Appointment of Honorary Consul.

e) The Consular Department issues a letter requesting the Administrative and Financial Management Department and the Administrative Office of the Ministry of Foreign Affairs to provide seals, titles, signatures, National Flag, National Emblem, and insignia. The Director of the Consular Department signs to issue the Honorary Consul Card (according to the model issued together with this Circular).

g) After completing the procedures stipulated in points a to e of this clause, the Consular Department transfers information to the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country to inform the Foreign Ministry of the receiving country and the individual Honorary Consul.

The Consular Department (or the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country) organizes the presentation of the Decision on Appointment of Honorary Consul, the Certificate of Appointment of Honorary Consul, and the operational equipment specified in point e of this clause to the Honorary Consul.

2. Procedure for reappointing Honorary Consuls

a) Within three months before the end of the term, the Honorary Consul wishing to be reappointed as an Honorary Consul submits one set of application dossier according to the provisions of Clause 2, Article 16 of this Circular to the Consular Department (through the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country).

Based on actual needs, the head of the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country or the Director of the Consular Department proposes to the Minister of Foreign Affairs for consideration and decision on reappointing the Honorary Consul.

b) After exchanging with relevant units within the Ministry and the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country, the Consular Department submits to the Minister of Foreign Affairs for consideration and decision on reappointing the Honorary Consul and signing the Decision on Appointment of Honorary Consul and the Certificate of Appointment of Honorary Consul (in case the Foreign Ministry of the receiving country requires the reappointed Honorary Consul to present a new Certificate of Appointment of Honorary Consul). The Director of the Consular Department signs to issue the Honorary Consul Card.

c) The Consular Department transfers information to the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country to inform the Foreign Ministry of the receiving country and the individual Honorary Consul.

The Honorary Consul contacts the Consular Department (through the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country) to receive the original Decision on Appointment of Honorary Consul, the Certificate of Appointment of Honorary Consul (if issued), and the Honorary Consul Card.

3. In case an Honorary Consul has ceased operations as prescribed in Article 18 of this Circular wishes to be appointed as an Honorary Consul again, the application dossier and appointment procedures for Honorary Consul shall be carried out according to the provisions of Clause 1, Article 16 and Clause 1 of this Article.

4. In case the Minister of Foreign Affairs does not agree to appoint an Honorary Consul, the Consular Department transfers information to the Diplomatic Mission of Vietnam in the receiving country or in the concurrent country to inform the candidate for Honorary Consul (in the case of appointment) or the individual Honorary Consul (in the case of reappointment).

Article 18. Termination of the Activities of Honorary Consuls

1. The activities of honorary consuls terminate upon the decision of the Minister of Foreign Affairs or when the receiving state terminates its approval of the appointment of honorary consuls.

2. The Minister of Foreign Affairs decides to terminate the activities of honorary consuls in any of the following cases:

a) The honorary consul does not perform or complete the assigned functions.

b) There is no longer a need for the appointment of honorary consuls.

c) The honorary consul is declared by the receiving state to be an unwelcome person.

d) The honorary consul no longer meets the conditions stipulated in Article 15 of this Circular.

đ) The honorary consul expresses a desire to cease serving as an honorary consul.

3. In addition to the provisions of Clause 2 of this Article, the Minister of Foreign Affairs may decide to terminate the activities of honorary consuls at any time without having to provide reasons.

4. Procedure for Terminating the Activities of Honorary Consuls

a) The head of the diplomatic mission of Vietnam in the receiving state or in the state of concurrent jurisdiction or the Director of the Consular Department proposes to the Minister of Foreign Affairs to decide on terminating the activities of honorary consuls.

When there is a request to terminate the activities of honorary consuls, the Consular Department submits to the Minister of Foreign Affairs (after consulting with the diplomatic mission of Vietnam in the receiving state or in the state of concurrent jurisdiction and relevant units within the Ministry) for consideration and decision on terminating the activities of honorary consuls.

b) If the Minister of Foreign Affairs agrees to terminate the activities of honorary consuls, the Consular Department submits to the Minister of Foreign Affairs for signing the Decision to terminate the activities of honorary consuls.

After the Minister of Foreign Affairs signs the Decision to terminate the activities of honorary consuls, the Consular Department transmits information to the diplomatic mission of Vietnam in the receiving state or in the state of concurrent jurisdiction to notify the Ministry of Foreign Affairs of the receiving state and the individual honorary consul.

The honorary consul is responsible for handing over the seal, title stamp, name stamp, National Flag, Coat of Arms, signboard, Honorary Consul Card, and consular files to the diplomatic mission of Vietnam in the receiving state or in the state of concurrent jurisdiction for storage, preservation, or to the person authorized by the Minister of Foreign Affairs.

c) The diplomatic mission of Vietnam in the receiving state or in the state of concurrent jurisdiction notifies the Consular Department after completing the acceptance of the operational means and consular files of the honorary consul as specified in point b of this clause.

Depending on the actual situation, the Consular Department guides the diplomatic mission of Vietnam in the receiving state or in the state of concurrent jurisdiction on the handover of operational means and consular files to the new honorary consul or sends them back to the Ministry of Foreign Affairs for destruction in case there is no replacement candidate for honorary consul.

Article 19. National Flag, Coat of Arms, Seal, Title Stamp, Name Stamp, Signboard, and Honorary Consul Card

1. The National Flag and Coat of Arms of Vietnam are displayed in a prominent position at the location used as the office of the honorary consul; the signboard bearing the name of the office of the honorary consul in Vietnamese and English (or the official language of the receiving state) is affixed at the entrance gate (door) of the office.

The National Flag of Vietnam is flown on the residence and on the means of transportation of the honorary consul when such means are used for official duties of the honorary consul.

2. The content and presentation of the signboard are described specifically in the Appendix issued together with this Circular.

3. The honorary consul is provided with a seal bearing the Coat of Arms with content in Vietnamese and English (or the official language of the receiving state). The content of the seal is described specifically in the Appendix issued together with this Circular.

The honorary consul has the right to use the seal for official duties and the obligation to preserve, maintain, and hand over the seal to the head of the diplomatic mission of Vietnam in the receiving state or in the state of concurrent jurisdiction or to the person authorized by the Minister of Foreign Affairs to receive the seal after the honorary consul ceases activities.

4. The honorary consul is provided with a title stamp (one stamp in Vietnamese and one stamp in English or the official language of the receiving state) appropriate to the rank of the honorary consul, and a name stamp for use in official duties of the honorary consul.

5. The honorary consul is provided with an Honorary Consul Card (in accordance with the model issued together with this Circular) for use in official duties of the honorary consul, specifically:

a) A Deputy Honorary Consul is provided with a "Deputy Honorary Consul Card".

b) An Honorary Consul is provided with an "Honorary Consul Card".

Article 20. Maintaining the Operation of Honorary Consulates

1. An honorary consul may hire staff to serve consular activities and shall bear full responsibility for and pay all costs related to such hiring.

2. Office and Working Equipment

An honorary consul shall arrange their own office and other necessary working equipment and bear all related costs.

Article 21. Consular Files

1. An honorary consul has the obligation to keep consular files confidential and must not mix consular files with their personal papers, especially those related to professional or commercial activities.

2. Upon ceasing operations, an honorary consul shall hand over consular files to the Vietnamese diplomatic mission in the receiving state or in the state where they concurrently serve. In case it is impossible to hand over to the aforementioned agency, the honorary consul shall hand over consular files to the person authorized by the Minister of Foreign Affairs.

Article 22. Work Contacts

1. When performing consular functions, an honorary consul has the right to directly contact local authorities within the consular district.

When it is necessary to contact central authorities of the receiving state, the honorary consul must go through the Vietnamese diplomatic mission in the receiving state or in the state where they concurrently serve; the honorary consul may contact directly if the laws or customs of the receiving state permit or if there is an agreement between Vietnam and the receiving state on this matter.

2. An honorary consul must go through the Vietnamese diplomatic mission in the receiving state or in the state where they concurrently serve to contact central and local agencies, organizations, and individuals in Vietnam regarding matters related to consular activities; the honorary consul may also go through the Consular Department to make contacts when necessary.

Article 23. Means of Communication

1. An honorary consul may use telephones, faxes, official letters, and emails to communicate with the Ministry of Foreign Affairs and Vietnamese missions abroad for official purposes, in accordance with the laws of the receiving state.

2. In special cases permitted by the Minister of Foreign Affairs and if the relevant states do not object, an honorary consul may use consular couriers and consular pouches to communicate with the agencies mentioned in Clause 1 of this Article.

 

Chapter IV

IMPLEMENTATION

 

Article 24. Honorary Consul Card and Appendix on the Content and Presentation of Signboards and Stamps

1. The Honorary Consul Card shall be implemented according to the model issued together with this Circular, including:

a) The Honorary Consul General Card (Model No. 01/BM-LSDD);

b) The Honorary Consul Card (Model No. 02/BM-LSDD).

2. The content and presentation of signboards and stamp content shall be carried out according to the Appendix issued together with this Circular.

Article 25. Implementation Provisions

1. This Circular takes effect from March 23, 2020, replacing the Honorary Consul Regulations of the Socialist Republic of Vietnam issued together with Decision No. 06 NG/QD dated January 8, 1994 of the Minister of Foreign Affairs.

2. Annually, based on the periodic report on the results of honorary consul activities stipulated in Clause 3 of Article 14 of this Circular, the Vietnamese diplomatic mission in the receiving state or in the state where they concurrently serve shall have the responsibility to submit a written evaluation of the honorary consul's activities to the Consular Department.

3. During the implementation process, if there are difficulties, the relevant diplomatic missions and agencies, organizations, and individuals shall promptly notify the Ministry of Foreign Affairs for guidance./.