Circular No. 26/2006/TT-BNG guiding the sending and receiving of diplomatic pouches and consular bags of diplomatic missions, consular offices, and international organizations' representative offices in Vietnam transported by air.

CIRCULAR

Guidelines for sending and receiving diplomatic pouches and consular pouches of diplomatic missions, consular offices, and representative offices of international organizations in Vietnam transported by air

diplomatic representatives, consular agencies, and representative offices of international organizations in Vietnam transporting by air

by air

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Pursuant to the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Offices, and Representative Offices of International Organizations in Vietnam issued on August 23, 1993 (hereinafter referred to as the 1993 Ordinance) and Decree No. 73/CP dated July 30, 1994 detailing the implementation of the 1993 Ordinance;

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;

After reaching consensus with the Ministries of Public Security, Posts and Telecommunications, Finance, Transport, and the Ministry of Foreign Affairs regarding guidelines for sending and receiving diplomatic pouches and consular pouches of diplomatic missions, consular offices, and representative offices of international organizations in Vietnam by air, the following guidelines are hereby issued:

Part I

GENERAL PROVISIONS

1. Diplomatic missions, consular offices, and representative offices of international organizations under the United Nations system and intergovernmental organizations headquartered in Vietnam (hereinafter collectively referred to as representative offices) shall enjoy privileges and immunities according to the 1993 Ordinance and have the right to send and receive diplomatic pouches and consular pouches by air in accordance with the provisions of this Circular.

2. The sender and recipient of diplomatic pouches and consular pouches must be diplomatic officials, consular officials, or officials of international organizations who have been issued Diplomatic Identity Cards or Consular Identity Cards by the Protocol Department of the Ministry of Foreign Affairs, or other official documents confirming their positions.

3. Professional couriers must have passports and official documents confirming their positions and identifying the number of items constituting the diplomatic pouches or consular pouches they are tasked with transporting. Professional couriers shall enjoy inviolability of person and shall not be arrested or detained in any form while performing their duties and shall be protected by the State of Vietnam.

4. Temporary couriers shall only enjoy the privileges and immunities mentioned in Clause 3 above during the period of performing courier duties and must have passports and official documents confirming their courier duties and identifying the number of items constituting the diplomatic pouches or consular pouches they are tasked with transporting.

5. Diplomatic pouches and consular pouches refer to one or more items forming a pouch containing exclusively diplomatic documents, consular documents, and objects used for official business of the representative office. Objects used for official business of the representative office are understood not to include prohibited import/export items, weapons, explosives, or accessories for such items, or restricted import/export items, etc., which are not permitted to be transported on aircraft according to Vietnamese law.

6. Diplomatic pouches and consular pouches must have official documents certifying the date of dispatch, place of dispatch, quantity of items forming the pouch, place of receipt, sealed, and marked clearly on the outside of each item forming the pouch indicating its nature as a diplomatic pouch or consular pouch.

7. Other goods of diplomatic missions, consular offices, and representative offices of international organizations in Vietnam sent by air shall be handled and received according to current regulations.

Part II

GUIDELINES FOR THE SENDING AND RECEIVING OF DIPLOMATIC POUCHES AND CONSULAR POUCHES

1. In compliance with Vietnamese laws and to facilitate the handling, transportation by air, each item forming a diplomatic pouch or consular pouch shall not exceed dimensions of 60cm x 30cm x 40cm or equivalent. If exceeding these dimensions, prior notification and agreement with the responsible control authority and transport authority at the airport shall be required.

2. Diplomatic pouches and consular pouches shall not be opened or detained and shall be exempt from declaration and customs inspection procedures.

For consular pouches, if there is reasonable basis to confirm that the pouch contains items other than letters, documents, and objects used for official consular business, competent authorities of Vietnam may return it to the point of origin or request the authorized representative of the consular office to open the consular pouch.

3. When transported by civil aircraft, diplomatic pouches and consular pouches must be handed over, received, or processed for export/import by couriers at a designated counter in the terminal as specified by the Airport Director. During the handling, reception, or transportation process, couriers must present to Vietnamese authorities:

- Diplomatic Identity Card or Consular Identity Card issued by the Protocol Department of the Ministry of Foreign Affairs, or passport, or other official documents (for example: United Nations travel document...)

- Official documents confirming the courier's function, and identifying the sending agency, receiving agency, and the number of items forming the diplomatic pouches or consular pouches.

4. The aircraft commander may be entrusted to transfer diplomatic pouches and consular pouches. Direct handover procedures between the aircraft commander and the representative of the foreign agency tasked with transportation must be conducted at a designated counter in the terminal as specified by the Airport Director.

5. If diplomatic pouches and consular pouches are transferred by private aircraft, the procedures for handing over and receiving shall be carried out as stipulated for commercial aircraft transfers.

Part III:

IMPLEMENTING PROVISIONS

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. The relevant Ministries and sectors shall be responsible for directing subordinate units to implement in accordance with this Circular.

3. In the course of implementation, if complex issues related to foreign policy arise, the agencies shall promptly report to seek guidance from the Ministry of Foreign Affairs.