Decision No. 139/2000/QĐ-TTg Issuing the Consular Regulation for Honorary Consuls of Foreign Countries in Vietnam

DECISION OF THE PRIME MINISTER

Issuing the Regulations on Honorary Consuls of Foreign Countries in Vietnam

PRIME MINISTER

Based on the Government Organization Law dated September 30, 1992;

At the proposal of the Minister of Foreign Affairs,

DECISION:

Article 1.These Regulations on Honorary Consuls of Foreign Countries in Vietnam are herebyissued together with this Decision.

Article 2.This Decision shall take effect fifteen days from the date of signature and shallreplace Decision No. 443/TTg dated August 30, 1993 of the Prime Minister promulgatingRegulations on Honorary Consuls of Foreign Countries in Vietnam.

Article 3.The Minister of Foreign Affairs, Ministers, Heads of Ministries equivalent toMinistries, Heads of Government Agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of provincial people's committees directly under the Central Government areresponsible for implementing this Decision./.

REGULATIONS

ON HONORARY CONSULS OF FOREIGN COUNTRIES IN VIETNAM

(Issued together with Decision No.: 139/2000/QĐ-TTg

dated December 4, 2000 of the Government)

Article 1.

1.The Government of Vietnam agrees to the appointment of honorary consular officersby foreign countries to head Consulates General, Consulates, Vice Consulates, andConsular Agencies of foreign countries in Vietnam (hereinafter referred tocollectively as "consular offices"). The heads of these offices correspondinglyare Honorary Consul General, Honorary Consul, Honorary Vice Consul, and HonoraryConsular Agent (hereinafter collectively referred to as "Honorary Consul").

2.Honorary Consuls of foreign countries in Vietnam are not civil servants, do notreceive salaries from any government, are appointed by foreign countries (hereinafterreferred to as "appointing country"), and are approved by the Ministry ofForeign Affairs of Vietnam (hereinafter referred to as "Ministry of ForeignAffairs") to perform consular functions while still engaged in professional orprofitable commercial activities in Vietnam.

Article 2. The establishment of consular offices and the appointment of Honorary Consuls shallbe carried out as follows:

1.The appointing country sends a note verbale requesting the Ministry of ForeignAffairs to agree in principle to the establishment of a consular office, stating thereasons for establishing the consular office, the proposed consular district, and thename of the consular office. The Ministry of Foreign Affairs will consider andapprove in principle the establishment of the consular office.

2.After approval in principle, the appointing country sends a note verbale requestingthe Ministry of Foreign Affairs to approve the appointment of a person as HonoraryConsul, accompanied by a brief curriculum vitae of that person, the proposedlocation of the consular office, and the consular functions. In case of necessity, theMinistry of Foreign Affairs may request the appointing country to provide additionalrelevant information.

3.After consultation with relevant agencies, the Ministry of Foreign Affairs decidesthe approval of the person to be appointed as Honorary Consul of a foreign countryin Vietnam.

4.The person approved to serve as Honorary Consul shall be issued free of charge a Certificate of Acceptanceof Consular Functions by the Ministry of Foreign Affairs. The Certificate ofAcceptance of Consular Functions may be revoked at any time without giving a reason.

5.The consular office and Honorary Consul may only operate after the Honorary Consulhas been issued a Certificate of Acceptance of Consular Functions.       

Article 3The consular district of the consular office does not exceed the administrativeboundaries of a province or a centrally governed city and includes at least onecounty, town, or district within the province or centrally governed city.

Article 4

1.Honorary Consuls must have citizenship of the appointing country or VietnameseCitizenship.

2.In the case where the appointing country wishes to appoint a person holding twocitizenships or more as Honorary Consul, such appointment must be agreed upon by theMinistry of Foreign Affairs. Such agreement can be withdrawn at any time withoutgiving a reason.

Article 5.The person proposed for approval as Honorary Consul must reside or work in theconsular district of the consular office they intend to head, have resided or workedfor at least one year in the consular district, have a clear criminal record, havefinancial capability, and not be an Honorary Consul for another foreign country inVietnam.

Article 6

1.In the event that an Honorary Consul is unable to perform their duties, theappointing country may propose to the Ministry of Foreign Affairs the approval of aninterim replacement Honorary Consul, specifying the reasons, duration ofreplacement, consular functions to be performed, and a brief curriculum vitae ofthat person.

2.After consultation with relevant agencies, the Ministry of Foreign Affairs willconsider and approve the interim replacement Honorary Consul. Such approval can berevoked at any time without giving a reason.

Article 7. The Ministry of Foreign Affairs guides and resolves matters concerning changes inheadquarters, expansion or reduction of consular districts, replacement of HonoraryConsuls, termination of operations of consular offices and Honorary Consuls.

Article 8

1.Honorary Consuls have the right to perform consular functions delegated by theappointing country and approved by the Ministry of Foreign Affairs.

2.Authorities of Vietnam create favorable conditions for consular offices and HonoraryConsuls to perform their functions in accordance with Vietnamese laws, internationaltreaties to which Vietnam is a party, or agreements between Vietnam and theappointing country.

Article 9

1.When performing consular functions, Honorary Consuls have the right:

a)To directly contact and work with local authorities of Vietnam in the consulardistrict;

b)To contact and work with central authorities of Vietnam through the diplomaticmission of the appointing country in Vietnam (if any). If the appointing countrydoes not have a diplomatic mission in Vietnam, the Honorary Consul may contactthrough the Ministry of Foreign Affairs.

2.When planning to organize reception events (banquets, film screenings...) thatinvolve Vietnamese citizens or require assistance from the Vietnamese side, HonoraryConsuls must notify the local foreign affairs agency or a designated agency by thepeople's committee of the province or centrally governed city seven days inadvance. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the provincial people's committee, centrally governed city, or a designatedagency.

Article 10.The archives and documents of consular offices are inviolable provided that sucharchives and documents are kept separate from personal papers, documents, andcorrespondence related to the professional or commercial activities of HonoraryConsuls and those working with them.

Article 11. Consular offices may hire staff to assist in consular work based on compliance withrelevant Vietnamese laws.

Article 12

1.Consular offices have the right to use ordinary means of communication such asmail, telephone, telex, fax, etc., through Vietnam's postal and telecommunicationsystem.

2. Only in cases permitted by the Ministry of Foreign Affairs may consular authoritiesuse diplomatic couriers, consular couriers, diplomatic pouches, consular pouches,or coded telegrams to communicate with diplomatic missions, consular offices, orwith the government of the sending state.

Article 13.

1. Consular offices and Honorary Consuls who are not Vietnamese citizens orforeign nationals residing permanently in Vietnam shall not enjoy privileges andimmunities under the Ordinance on Privileges and Immunities for Diplomatic Missions,Consular Offices, and International Organizations' Representative Offices in Vietnamdated August 23, 1993, guiding legal documents for the implementation of this Ordinance,and international treaties to which Vietnam is a party.

2. An Honorary Consul who is a Vietnamese citizen or a foreign national residingpermanently in Vietnam, or a temporary substitute for an Honorary Consul, shall enjoythe right to be notified by the sending state upon arrest, detention, or prosecution; theright not to provide evidence related to consular functions; and the immunity fromjudicial proceedings as granted to Honorary Consuls under the Ordinance on Privilegesand Immunities for Diplomatic Missions, Consular Offices, and International Organizations'Representative Offices in Vietnam dated August 23, 1993, for acts performed in theexercise of consular functions.       

3. Members of the family of an Honorary Consul and of a temporary substitute for anHonorary Consul, and staff of consular offices shall not enjoy privileges and immunities.

Article 14.Honorary Consuls and temporary substitutes for Honorary Consuls have the obligationto respect Vietnamese laws and customs.

Article 15. The Ministry of Foreign Affairs is responsible for guiding the implementation of thisRegulation./.