Decree No. 73-CP detailing the implementation of the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Posts of Foreign Countries, and Representative Offices of International Organizations in Vietnam.

 

DECREE

||| REGULATIONS DETAILING THE IMPLEMENTATION OF LEGISLATION ON PRIVILEGES AND IMMUNITIES FOR FOREIGN DIPLOMATIC MISSIONS, FOREIGN CONSULAR POSTS, AND INTERNATIONAL ORGANIZATION REPRESENTATIVE OFFICES IN VIETNAM

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to the Ordinance on Privileges and Immunities for Foreign Diplomatic Missions, Foreign Consular Posts, and International Organization Representative Offices in Vietnam dated August 23, 1993;
At the request of the Minister of Foreign Affairs,

DECREE:

Chapter 1:
||| PROVISIONS REGARDING PRIVILEGES AND IMMUNITIES RELATING TO FOREIGN DIPLOMATIC MISSIONS AND FOREIGN CONSULAR POSTS IN VIETNAM

Article 1.- In accordance with Clause 1, Article 2 of the Ordinance, the premises of foreign diplomatic missions, consular posts, and residences of diplomatic officials shall not be used as political asylum.

Article 2.-

1. Foreign diplomatic missions and consular posts may only install and use specialized telecommunications equipment, telecommunications networks, and radio transceivers upon obtaining a permit from the General Post Office of Vietnam. In cases where such communication devices are imported for installation in Vietnam, a permit must also be obtained from the General Post Office and the Ministry of Trade.

2. The General Post Office of Vietnam shall take the lead in coordinating with the Ministry of Trade, the Ministry of Foreign Affairs, the Ministry of Culture and Information, and the Ministry of Home Affairs to detail the implementation of Clause 1 of this Article.

Article 3.- In the event that there is a legitimate reason to open a consular bag as stipulated in Clause 4, Article 25 of the Ordinance, such action must be carried out in the presence of a representative of the foreign consular post. If the representative of the foreign consular post refuses to open the consular bag, it shall be returned to its point of origin.

Article 4.- The Ministry of Trade shall take the lead in coordinating with the Ministry of Foreign Affairs, the Ministry of Finance, and the General Customs Department to specify, based on current Vietnamese laws, the types and quantities of items that can be imported, and exemptions from importation as well as the re-exportation and transfer of such items within Vietnam as provided for in Articles 6, 14, 15, 16, 17, 22, 26, 31, and 38 of the Ordinance for all entities entitled to privileges and immunities under the Ordinance.

Article 5.-

1. Foreign diplomatic missions have the obligation to notify the Ministry of Foreign Affairs of Vietnam of the names, titles, and functions of diplomatic officials assigned to perform consular duties.

2. In accordance with Clause 2, Article 35 of the Ordinance, the sending state may authorize a professional consular officer of its consular post in Vietnam to carry out certain diplomatic activities after obtaining the consent of the Ministry of Foreign Affairs of Vietnam.

Article 6.-

1. The Ministry of Foreign Affairs of the sending state has the obligation to notify in writing the Ministry of Foreign Affairs of Vietnam of the declaration by the sending state to renounce the privileges and immunities of the head of the foreign diplomatic mission, including the Acting Head.

2. The Ministry of Foreign Affairs or the foreign diplomatic mission of the sending state has the obligation to notify in writing the Ministry of Foreign Affairs of Vietnam of the declaration by the sending state to renounce the privileges and immunities of the officials and staff of the foreign diplomatic mission, the head or acting head of the consular post, and the officials and staff of the consular post if the law of the sending state so provides.

3. In the case where the sending state only has a consular post in Vietnam and has previously agreed with Vietnam, that consular post may notify in writing the Ministry of Foreign Affairs of Vietnam of the declaration by the sending state to renounce the privileges and immunities of the officials and staff of the consular post.

Article 7.-

1. Foreign diplomatic missions and consular posts have the obligation to notify the Ministry of Foreign Affairs of Vietnam of the date when their officials and staff leave Vietnam after completing their assignments.

2. The period for preparing to leave Vietnam as specified in Clause 2, Article 19 and Clause 2, Article 34 of the Ordinance for the relatives of officials or staff of foreign diplomatic missions and consular posts is thirty days from the date the Ministry of Foreign Affairs of Vietnam receives the official notification from the foreign diplomatic mission or consular post regarding the death of their official or staff member.

Chapter 2:
||| PROVISIONS REGARDING PRIVILEGES AND IMMUNITIES RELATING TO INTERNATIONAL ORGANIZATION REPRESENTATIVE OFFICES

Article 8.-

1. The United Nations system organizations referred to in Article 39 of the Ordinance include the United Nations, its specialized agencies, and the International Atomic Energy Agency.

2. Vietnam applies privileges and immunities to the representative offices of international organizations mentioned in Clause 1 of this Article, as well as to officials, staff members of these offices, and family members living together with them as a household unit, and to officials and staff members of these organizations visiting, working in, or transiting through Vietnam in accordance with international treaties to which Vietnam is a party or has acceded and recognized international customs:

- The 1946 Convention on the Privileges and Immunities of the United Nations;

- The 1947 Convention on the Privileges and Immunities of Specialized Agencies of the United Nations;

- The 1959 Agreement on the Privileges and Immunities of the International Atomic Energy Agency;

- Agreements between the Government of Vietnam and each specific international organization containing provisions on privileges and immunities.

Article 9.-

The international treaties applicable to the objects mentioned in Article 40 of the Ordinance and to officials and staff members of these organizations visiting, working in, or transiting through Vietnam include:

1. The Charter (or statutes, or regulations, or founding agreement) of each intergovernmental organization of which Vietnam is a member.

2. Agreements between the Government of Vietnam and each specific intergovernmental organization containing provisions on privileges and immunities.

Article 10.- The representative offices of non-governmental organizations referred to in Article 41 of the Ordinance, as well as officials, staff members of these offices, and family members living together with them as a household unit, and officials and staff members of these organizations visiting, working in, or transiting through Vietnam shall enjoy the privileges and immunities specified in agreements between the Government of Vietnam and a non-governmental organization.

Chapter 3:
||| PROVISIONS REGARDING STATE MANAGEMENT IN THE IMPLEMENTATION OF PRIVILEGES AND IMMUNITIES

Article 11.- The Ministry of Foreign Affairs has the responsibility to perform state management functions as follows:

1. Take the initiative to propose to the Government the negotiation, signing, or joining of international treaties related to privileges and immunities, including diplomatic and consular immunities, as well as privileges and immunities for international organizations.

2. Lead the preparation of draft legal documents and other projects related to the implementation, guidance, and direction of the Ordinance.

3. Resolve issues related to the activities of foreign diplomatic missions, consular offices, and international organization representative offices, as well as members of those offices.

4. Manage Vietnamese citizens working in the representative offices referred to in Clause 3 of this Article.

5. Coordinate with relevant agencies to address and handle violations of the Ordinance concerning privileges and immunities granted to foreign diplomatic missions, consular offices, and international organization representative offices in Vietnam.

Article 12.- Ministries and sectors, when submitting to the Government draft negotiations, signing, or joining of international treaties that include provisions related to the privileges and immunities mentioned in the Ordinance, must attach a document containing the comments of the Ministry of Foreign Affairs and other relevant ministries and sectors.

Article 13.-

1. The Ministry of Foreign Affairs and Provincial Departments of Foreign Affairs (or Provincial Foreign Affairs Committees) shall process registration permits for residence for foreigners belonging to the following categories, regardless of whether they hold diplomatic, official, or ordinary passports:

a) Staff and employees of foreign diplomatic missions, consular offices, and international organization representative offices in Vietnam.

b) Family members living together with staff and employees of these offices and those serving them.

2. Foreigners holding diplomatic, official, or ordinary passports who enter Vietnam are exempt from registering their stay at the Ministry of Foreign Affairs, provided that the border police stamp their passport with a permit to stay consistent with the duration of the entry and exit visa issued in their passport:

a) Members of high-level foreign delegations and accompanying persons visiting or transiting through Vietnam.

b) Foreign guests visiting diplomatic missions, international organization representative offices in Vietnam, as well as guests of staff and employees of these offices.

3. If individuals mentioned in Clause 2 of this Article need and are permitted to extend their stay in Vietnam, then:

a) The Ministry of Foreign Affairs will extend the entry and exit visa for individuals mentioned in Clause 2(a) above and for all holders of diplomatic and official passports, except in cases where there is an agreement between Vietnam and the sending country to waive entry and exit visas.

b) The Ministry of Public Security will extend the entry and exit visa for holders of ordinary passports.

4. Individuals mentioned in Clauses 1 and 2 of this Article wishing to enter areas marked "prohibited" must submit an application to the Ministry of Foreign Affairs of Vietnam.

Article 14.-

1. To facilitate the activities of the heads of foreign diplomatic missions (or heads of consular offices if the sending country does not have a diplomatic mission) and international organization representative offices, these offices are responsible for notifying the Ministry of Foreign Affairs of Vietnam at least 72 hours in advance if the head of the office wishes to meet with local leaders.

2. In cases where foreign diplomatic missions, international organization representative offices, or foreign consular offices organize formal events such as receptions, film screenings, press conferences, traditional festivals, seminars, meetings, etc., which invite Vietnamese citizens or require assistance from the Vietnamese side, these offices are responsible for notifying the Ministry of Foreign Affairs or the relevant provincial Department of Foreign Affairs at least 72 hours in advance.

Article 15.-

1. Foreign diplomatic missions, consular offices, and international organization representative offices in Vietnam may request through the Ministry of Foreign Affairs of Vietnam or directly from relevant Vietnamese agencies to resolve and provide services related to office premises, housing, electricity, water, healthcare, and similar services.

2. When recruiting Vietnamese nationals for employment, the representative offices referred to in Clause 1 of this Article must comply with Vietnamese laws on labor recruitment and must go through the Ministry of Foreign Affairs of Vietnam.

Chapter 4:
FINAL PROVISIONS

Article 16.- This Decree takes effect from the date of signature. Previous regulations contrary to this Decree are abolished.

Article 17.- The Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Justice, the Ministry of Finance, the Ministry of Trade, the Ministry of Culture and Information, the General Customs Department, and the General Post Office, within their respective responsibilities and authorities, are tasked with guiding and organizing the implementation of the Ordinance on privileges and immunities for foreign diplomatic missions, consular offices, and international organization representative offices in Vietnam and this Decree.

Article 18.- Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree.