Decision No. 2535/2004/QĐ-BNG Issuing the Regulations on the Organization and Operation of Vietnamese Consular Agencies Abroad

Pursuant to …;

Issuing the Regulations on the organization and operation of consular agencies of the Socialist Republic of Vietnam abroad

_____________________

 THE MINISTER OF FOREIGN AFFAIRS

Pursuant to the Consular Ordinance dated November 13, 1990 and Decree No. 189/HĐBT dated June 4, 1992 of the Council of Ministers (now the Government) detailing the implementation of the Consular Ordinance;

Pursuant to the Ordinance on Agencies Representing the Socialist Republic of Vietnam Abroad dated December 2, 1993 and Decree No. 183/CP dated November 18, 1994 of the Government detailing the implementation of the Ordinance on Agencies Representing the Socialist Republic of Vietnam Abroad;

Pursuant to Decree No. 21/2003/NĐ-CP dated March 10, 2003 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,

DECISION:

Article 1. Issuing the Regulations on the organization and operation of consular agencies of the Socialist Republic of Vietnam abroad (except for consular agencies headed by Honorary Consuls which will have separate regulations);

Article 2. These Regulations shall take effect fifteen days from the date of publication in the Official Gazette and shall replace all previous Regulations on the organization and operation of consular agencies of the Socialist Republic of Vietnam abroad. These Regulations shall not apply to the Vietnamese Embassy in Switzerland.

Article 3. The Permanent Secretary of the Ministry, Heads of the Department of Organization and Cadres, the Director of the Consular Department, the Head of the Administrative and Financial Department, heads of diplomatic and consular agencies of the Socialist Republic of Vietnam abroad, and heads of related units are responsible for implementing this Decision./.

REGULATIONS

ON THE ORGANIZATION AND OPERATIONS OF CONSULAR AGENCIES
OF THE SOCIALIST REPUBLIC OF VIETNAM ABROAD

(Issued together with Decision No. 2535/2004/QĐ-BNG of the Minister of Foreign Affairs,

dated December 1, 2004)

I. FUNCTIONS AND TASKS OF CONSULAR AGENCIES

Article 1

Consular agencies operate in accordance with the provisions of the Consular Ordinance, the Ordinance on Agencies Representing the Socialist Republic of Vietnam Abroad, other Vietnamese laws, and are consistent with the laws of the host country and international treaties to which the Socialist Republic of Vietnam and the host country are parties, as well as international custom. Consular agencies (including General Consulates and Consulates) are representative bodies of the Socialist Republic of Vietnam abroad, operating within their consular districts. The consular district is defined in agreements and arrangements between the Government of the Socialist Republic of Vietnam and the Government of the host country and recorded in the consular commission issued to the head of the consular agency.

Article 2

Consular agencies have the following functions and tasks:

1. Implement all measures consistent with Vietnamese law and the law of the host country, international treaties to which Vietnam and the host country are parties, and international custom, to protect the rights and interests of the State, legal entities, and citizens of Vietnam in the consular district and restore legitimate rights and interests of legal entities and citizens of Vietnam when such rights and interests are violated.

2. Study and understand the situation of the Vietnamese community in the consular district; educate Vietnamese citizens to comply with the law, respect the customs and traditions of the host country, assist them in integrating into life in the host country; support and assist the commercial, economic, cultural, and social activities of Vietnamese citizens and create favorable conditions for Vietnamese citizens to maintain regular ties with their families, homeland, and country; promote and mobilize the Vietnamese community in the consular district to make substantial contributions to national construction.

3. By lawful means consistent with Vietnamese law and the law of the host country, regularly gather information, report, or provide information to the Ministry of Foreign Affairs and the Vietnamese Embassy in the host country or the country acting in loco about the legal, economic, investment, trade, cultural, scientific and technological, tourism, etc., situation in the consular district, contributing to promoting and strengthening friendly relations and cooperation between Vietnam and the host country.

4. Study the potential for developing consular relations between Vietnam and the host country; understand the consular relations between the host country and other countries; report to the Vietnamese Ambassador in the host country or the country acting in loco and propose recommendations to the Ministry of Foreign Affairs regarding the signing or accession to international treaties related to consular relations.

5. Perform consular functions in the consular district: registering and statistics of citizens; issuing, extending, supplementing, and amending passports and travel documents for Vietnamese citizens; issuing, extending, supplementing, and amending visas for foreigners; assisting and supporting Vietnamese citizens in cases of arrest, detention, imprisonment, death, or accidents; assisting and supporting Vietnamese citizens in cases of disaster or difficulty; representing or ensuring representation for legal entities and citizens of Vietnam; resolving citizen requests regarding nationality, performing civil registration tasks; certifying and legalizing documents according to Vietnamese law and the law of the host country; performing consular functions related to inheritance, judicial delegation; handling matters related to Vietnamese ships, aircraft, and other transportation means in the consular district; performing functions related to disease prevention, plant and animal protection, and other functions as prescribed by Vietnamese law and not contrary to the law of the host country.

6. Perform other tasks entrusted by the Minister of Foreign Affairs or delegated by the Vietnamese Ambassador in the host country or the country acting in loco, consistent with the law of the host country.

II. ORGANIZATION AND OPERATIONS OF CONSULAR AGENCIES

Article 3. Consular agencies operate under the management and unified direction of the Minister of Foreign Affairs, while also being led by the Vietnamese Ambassador in the host country or the country acting in loco.

Article 4. The head of a consular agency has the following powers and responsibilities:

1. Direct the activities of the agency under the head-of-agency system, be responsible for all aspects of the agency's operations before the Minister of Foreign Affairs and before the Ambassador of Vietnam in the receiving country or the concurrently accredited country; periodically every quarter, mid-year, and annually, have the responsibility to report to the Minister of Foreign Affairs and the Ambassador of Vietnam in the receiving country or the concurrently accredited country on the situation and results of the consular agency's operations.

2. Organize the implementation of Decisions and Directives.

3. Manage and direct staff within the agency to carry out all consular work and fully implement the policies and guidelines of the Party and State and current legal regulations, creating favorable conditions for them to fulfill their tasks; fully implement State and Ministry of Foreign Affairs policies towards staff.

Article 5. Consular officials and employees have the following duties and responsibilities:

1. Perform specialized tasks assigned by the head of the consular agency; strictly comply with the reporting system to report to the head of the consular agency on issues within their scope of work.

2. Be loyal to the homeland; maintain and protect the honor, prestige, and interests of the State and the agency; fully implement the policies and guidelines of the Party and State and current Vietnamese legal regulations.

3. Actively contribute to strengthening friendly relations and cooperation between Vietnam and the receiving country, respect the laws and customs of the receiving country and international law.

4. Strictly comply with regulations on protecting state secrets.

5. Strengthen internal solidarity; uphold the representative status of the State and the Vietnamese nation.

Article 6

1. While performing consular functions, the consular agency has the right to directly contact local authorities, organizations, and people, and other diplomatic missions in the consular district. When it needs to contact central agencies of the receiving country, the consular agency must go through the Vietnamese Embassy in that country. In cases where there is no Vietnamese Embassy in the receiving country, the consular agency may directly contact the central agencies of that country if authorized by the Minister of Foreign Affairs and approved by the receiving country. Additionally, the consular agency may perform consular functions in a third country if authorized by the Minister of Foreign Affairs and approved by that third country, or perform consular functions delegated by a third country if agreed upon by the Minister of Foreign Affairs and the receiving country.

2. The consular agency contacts relevant agencies and organizations in Vietnam through the Vietnamese Embassy in the receiving country or concurrently accredited country to handle consular matters and matters related to bilateral relations between Vietnam and the receiving country. In cases of authorization or emergencies, the consular agency may directly contact agencies in Vietnam but must simultaneously report to the Ministry of Foreign Affairs and the Ambassador of Vietnam in the receiving country or concurrently accredited country.

3. Relations between the consular agency and other specialized departments of the Vietnamese Embassy in the receiving country or concurrently accredited country (such as trade, military departments, etc.), with other Vietnamese agencies and organizations not part of the consular agency's organizational structure (such as representatives of the Press Agency, Vietnam Airlines, etc.) and with the Permanent Mission of the Socialist Republic of Vietnam to intergovernmental international organizations in the receiving country (if present) are cooperative and coordinated relations under the general direction of the Minister of Foreign Affairs and the Ambassador of Vietnam in the receiving country or concurrently accredited country.

4. Relations between the Consular Department of the Ministry of Foreign Affairs and the consular agency are directive and advisory relations regarding consular expertise and operations.

Article 7. Relevant units of the Ministry of Foreign Affairs and the Vietnamese Embassy in the receiving country or concurrently accredited country have the duty to regularly and promptly inform the consular agency about domestic situations, policies, guidelines, and policies of the Party, State, and Ministry of Foreign Affairs; provide necessary information and materials for the consular agency's operations and create favorable conditions, support, and assistance for the consular agency's activities.

Article 8. The consular agency has the duty to store and secure consular records according to legal provisions.

Article 9. Regarding finance and policy systems

1. The consular agency is allocated separate funds and spends based on the annual budget estimate of the agency approved by the Ministry of Foreign Affairs. The head of the consular agency is responsible for preparing the annual revenue and expenditure plan based on the operations of the agency's departments and submitting it to the Ministry of Foreign Affairs; manage and use the agency's funds and assets in accordance with current State regulations; periodically monthly report final accounts to the Ministry of Foreign Affairs according to current regulations.

2. The consular agency has its own office and seal. The office and housing of the head of the consular agency and consular agency staff are handled according to general regulations and in accordance with actual conditions./.