Law Amending and Supplementing Certain Provisions of the Law on Vietnamese Missions Abroad

AMENDING AND ENACTING SOME ARTICLES OF THE LAW ON INSTITUTIONS REPRESENTING THE SOCIALIST REPUBLIC OF VIETNAM ABROAD

BASED ON THE CONSTITUTION

 

AND APPLIED IN THE SOCIALIST REPUBLIC OF VIETNAMThe National Assembly enacts this Law to amend and enact some articles of the Law on Institutions Representing the Socialist Republic of Vietnam Abroad No. 33/2009/QH12, which has been amended and enacted according to Law No. 19/2017/QH14.Article 1. Amend and Enact Some Articles of the LawOn Institutions Representing the Socialist Republic of Vietnam Abroad.Amend and enact Article 6 as follows:Article 6. Serve the Development of the CountryConduct research on strategies, policies, laws, trends in economic development, new cooperation fields to serve international integration, trade, industry, agriculture, investment, development aid, science, technology, innovation,digital transformation, strategic technologies, environmental protection, healthcare, education, training, tourism, human resource utilization, law enforcement and related issues of the country, organizations receiving from abroad; report to competent authorities on the strategic decisions of the organization receiving from abroad that have significant impacts on Vietnam's development.

2. Provide information, introduce the situation, capabilities, and cooperation needs between Vietnamese enterprises and enterprises of the receiving country;.   

 

assist in verifying information related to economic activities and legal personality of enterprises in the receiving country when requested; support the development and operation of Vietnamese enterprises in the receiving country; proactively forecast economic, trade policies, and measures that foreign parties may apply against the State and Vietnamese enterprises. 3. Advocate for competent authorities on appropriate policies and measures to develop economic relations between the Socialist Republic of Vietnam and the receiving country and organization and promote people-to-people exchanges4. Participate in promoting cooperation in various fields: trade, investment, cultural industry, new areas of economic cooperation to serve international integration; attract foreign investment into Vietnam and outbound investment from Vietnam; lobby for development aid and promotion of Vietnamese tourism at the receiving country or organization; cooperate in science, technology, innovation, digital transformation, education, training, healthcare between the Socialist Republic of Vietnam and the receiving country; advocate for countries and international organizations to recognize cultural heritage; develop overseas labor markets; monitor and promote the implementation of international commitments; transfer technology, attract experts, scientists to contribute to the development of the country.” 2. Amend and enact the name and some clauses of Article 8 as follows:

1a) Amend and enact the name of the article as follows:

“Article 8. Perform Consular Duties and Protect Vietnamese Citizens Abroad

1. b) Amend and enact Clause 1 as follows: “1. Provide consular protection for the interests of the State, legal rights and interests of Vietnamese citizens, enterprises, and companies, and perform consular duties prescribed in this Article based on compliance with Vietnamese law, laws of the receiving country, and international treaties to which the Socialist Republic of Vietnam and the receiving country are parties, in accordance with domestic and international practices. Actively and promptly implement or advocate competent authorities for appropriate measures to protect Vietnamese citizens abroad in urgent and large-scale cases.” c) Amend and enact Clause 4 as follows:

“4. Issue, extend, amend, supplement, cancel passports and other travel documents that are valid for entry into Vietnam in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party. d) Amend and enact Clause 5 as follows:“5. Issue, revoke visas; issue, withdraw, revoke visa exemptions of Vietnam in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.”

d) Amend and enact Clause 13 as follows: “13. Perform certain duties related to extradition, transfer of persons serving sentences, mutual legal assistance in criminal matters, and civil matters in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.”.

3. Amend and enact Clause 3 of Article 9 as follows:.

“3. Advocate for competent authorities

on

“policies, measures to maintain the connection between Vietnamese communities abroad with their homeland; encourage Vietnamese citizens abroad to preserve ethnic identity, promote the preservation and dissemination of the Vietnamese language, writing system, participate in activities in various social fields of the country.””;

4. Amend and enact Clause 1 of Article 10 as follows:

“1. Direct and guide according to authority the implementation of consistent foreign policy for representatives of agencies, localities, and organizations from Vietnam at the receiving country or organization and delegations sent by Vietnamese agencies or organizations to work in the receiving country or organization.”

5. Enact Clause 4 after Clause 3 of Article 11 as follows: “4. Participate

in implementing digital transformation in the activities and transactions of the representative agency, in accordance with Vietnamese law, international laws, laws and conditions”;

of

the receiving country.”

Article) Amending and supplementing Article 13 as follows:

“13. To perform certain tasks related to extradition, transfer of persons serving criminal sentences, mutual legal assistance in criminal matters, and civil mutual legal assistance in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.”

3. Amending and supplementing Clause 3 of Article 9 as follows:

“3. To propose to competent authorities policies, measures to maintain the connection of Vietnamese communities abroad with their homeland; to encourage Vietnamese people overseas to preserve their ethnic identity, promote the conservation and dissemination of the Vietnamese language, script, and participate in activities in various fields of national social life.” 4. Amending and supplementing Clause 1 of Article 10 as follows:

“1. To direct and guide, within authority, the uniform implementation of foreign policy for representatives of agencies, localities, and Vietnamese organizations stationed in countries or international organizations receiving delegations sent by Vietnamese agencies to work in such countries or international organizations.”

5. Supplementing Clause 4 after Clause 3 of Article 11 as follows:

“4. To participate

the implementation of digital transformation in the activities and transactions of representative offices, in accordance with Vietnamese law, international law, laws, and conditions, of the receiving country.” Amending and supplementing certain 

6. clauses of 8. Amending and supplementing point c of Clause 2 of Article 17 as follows: “c) To have a firm grasp and capability to advise, direct, organize the effective implementation of foreign policy guidelines, policies of the State; to possess the ability to synthesize, analyze, and forecast; to have the ability to organize, manage, gather, unite internal forces, and coordinate with relevant agencies, organizations, and individuals in performing assigned tasks well; to have experience managing and working in the field of foreign affairs; to have the capability to implement digital transformation; having served as deputy head or equivalent for at least one term or being awarded a diplomatic rank from Counselor level or higher or being recognized as an expert in the field of foreign affairs, international integration according to regulations of the Government Article 14 is as follows:

a) Amend and supplement Clause 1 as follows:

“1. Based on the total establishment allocated by competent authorities to diplomatic missions, the Ministry of Foreign Affairs shall take the lead in coordinating with the Ministry of Home Affairs and relevant agencies to develop an overall plan for the organization and staffing of diplomatic missions. The Minister of Foreign Affairs shall submit this plan for approval by the Prime Minister.”

b) Amend and supplement Clause 3 as follows:

“3. Based on the overall plan approved by the Prime Minister, taking into account operational requirements and foreign relations, after consultations with relevant agencies, the Minister of Foreign Affairs shall specifically determine the organizational structure and staffing for each field within the diplomatic mission responsible for the following areas:

a) Politics, diplomacy;

b) Defense, security;

c) Economy, trade, industry, finance, investment, tourism, labor, science, technology, innovation, digital transformation, digital industry, agriculture, environment, law;

d) Culture, information, media, education, training, health;

e) Consular affairs, work with overseas Vietnamese communities;

f) Administration, reception, governance;

g) Other areas as provided by law.”;

c) Supplement Clause 4 after Clause 3 as follows:

“4. The Minister of Foreign Affairs shall decide on the transfer of staffing within the scope of management among diplomatic missions; decisions on staff transfers for seconded personnel between diplomatic missions shall be based on recommendations from the heads of agencies sending seconded personnel and the agreement of the Minister of Home Affairs.

Staffing transfers among diplomatic missions shall be carried out in accordance with mission requirements, work areas, and ensuring that no total staffing allocation is exceeded.” 7. Amend and supplement certain points and clauses of Article 15 as follows:

a) Amend and supplement Clause 1 as follows:

“1. The preparation, management, use, and final accounting of the state budget and accounting work shall be conducted in US dollars and local currency converted into Vietnamese dong. The State shall ensure necessary funds in US dollars for diplomatic missions to perform their functions, duties, and powers assigned.”

b) Amend and supplement point a of Clause 2 as follows:-“a) Development funding allocated to the Ministry of Foreign Affairs for distribution to diplomatic missions, excluding construction projects in defense, security, and trade sectors-c) Amend and supplement Clause 3 as follows:

“3. The preparation, allocation, and final accounting of funds for diplomatic missions shall be carried out in accordance with the law. The Government shall specify detailed procedures and formalities for purchasing, repairing, renovating, upgrading assets and equipment; leasing, purchasing goods and services; repairing, renovating, expanding, or constructing new project components within existing construction projects and other necessary tasks at diplomatic missions after receiving approval from competent authorities to allocate state budget funds.”

8. Amend and supplement point c of Clause 2 of Article 17 as follows:;”;

“c) Possessing a deep understanding and capability to advise, direct, and effectively implement the foreign policy guidelines, policies, and initiatives of the State; possessing the ability to synthesize, analyze, and forecast; possessing the ability to organize, manage, coordinate internal unity, and cooperate with relevant agencies, organizations, and individuals in fulfilling assigned tasks; having experience managing and working in the field of diplomacy; possessing the capability to implement digital transformation; having served as deputy director general or equivalent for a period or being awarded diplomatic rank from counselor level or higher or recognized as an expert in the field of diplomacy and international integration according to regulations set by the Government.”

9. Amend and supplement Article 18 as follows:

9. Amending and supplementing Article 18 as follows:

i) Ambassador.;”.

3. Special diplomatic positions include:

“Article 18. Diplomatic, Consular Positions and Special Diplomatic Positions at Diplomatic Missions

1. The diplomatic positions include:

a) Ambassador Extraordinary and Plenipotentiary;

b) Ambassador;

c) Counselor;

d) Minister-Counselor;

e) First Secretary;

g) Second Secretary;

h) Third Secretary;

i) Attaché.

b) Supplementing Clause 4a after Clause 4 as follows:

2. The consular positions include:

a) Consul General;

b) Deputy Consul General;

c) Consul;

d) Deputy Consul;

e) Consular Attaché.

“c) Allowances and preferential treatment in cases of work in areas where armed conflict is occurring, natural disaster, dangerous epidemic, or under particularly difficult working conditions. Allowance for travel expenses, medical expenses in a third country in case of natural disasters, dangerous epidemics, or when the armed conflict poses direct danger to the representative office

3. Special diplomatic positions include:

a) Charge d'Affaires;

b) Military Attaché;

c) Deputy Military Attaché;

d) Assistant Military Attaché;

e) Other special diplomatic positions determined by the Minister of Foreign Affairs based on the proposal of the head of the dispatching agency, ensuring compliance with international practices and regulations of the receiving state or international organization.

10. Amend certain provisions of Article 21 as follows: a) Amend paragraph 2a to be inserted after paragraph 2 as follows:

“2a. Deciding on the signing and implementation of cooperation documents between the diplomatic mission and foreign counterparts within the scope of authority, functions, and duties of the diplomatic mission. The signing and implementation of cooperation documents shall be carried out in accordance with the guidelines issued by the Minister of Foreign Affairs.”;

b) Supplementing Clause 1a after Clause 1 as follows:

b) Amend paragraph 4a to be inserted after paragraph 4 as follows:

“4a. Directing and organizing the digital transformation, application of technology, ensuring information security in the implementation of functions and duties of the diplomatic mission and in management and operation of the diplomatic mission in accordance with legal provisions.”. 11. Amend and supplement certain points and paragraphs of Article 26 as follows: a) Amend and supplement point c of paragraph 1 as follows:

“c) Subsistence allowances and preferential treatment when working in areas where armed conflict, natural disaster, dangerous epidemic, or special difficult conditions are present. Subsistence allowance for travel expenses, medical treatment expenses abroad in cases of natural disasters, dangerous epidemics, or situations where armed conflicts pose a direct threat to the diplomatic mission.”;

name and certain clauses of Article 32 as follows:;”;

“6. To propose to the Prime Minister for submission to the Standing Committee of the National Assembly for approval of nominations, removals of Ambassadors Extraordinary and Plenipotentiary; to propose to the Prime Minister for submission to the President for appointment and recall of representatives of the President at international organizations.

b) Amend and supplement paragraph 1a as follows:

“1a. In addition to the provisions set out in paragraph 1 of this Article, members of the diplomatic mission may receive additional allowances for part-time duties (if applicable).”;

c) Amend and supplement paragraph 3 as follows:

“3. Minor children accompanying a member of the diplomatic mission are provided with insurance coverage for medical treatment expenses, travel tickets similar to those of the spouse or partner of the member of the diplomatic mission, allowances for travel expenses, and medical treatment expenses abroad in cases of natural disasters, dangerous epidemics, or situations where armed conflicts pose a direct threat to the diplomatic mission. Children accompanying a member of the diplomatic mission are supported with monthly tuition fees up to the basic living allowance level until the end of secondary education in the receiving country.”. 8b. To regulate the establishment, temporary suspension, termination of operations, functions, tasks, and powers of consular offices headed by Honorary Consuls, appointments, removals, activities of Honorary Consuls.”

12. Amend and supplement the title and certain paragraphs of Article 32 as follows:

“a) Amend and supplement the title as follows:”;

Article 32. Authority and Responsibilities of the Minister of Foreign Affairs

inspection” in Clause 4.

b) Amend and supplement paragraph 6 as follows:

“6. Recommend to the Prime Minister for submission to the National Assembly Standing Committee for approval of appointments, dismissals of Ambassadors Extraordinary and Plenipotentiary; recommend to the Prime Minister for submission to the President for dispatching and recall of representatives of the President at international organizations.

The extension of the term of office of Ambassadors Extraordinary and Plenipotentiary is decided based on the context, situation, and requirements of foreign policy in the region and reported to the President, National Assembly Standing Committee, and Prime Minister. The maximum duration for extending the term of office does not exceed 36 months.”;

c) Amend and supplement paragraph 6a as follows:

“6a. Direct the head of the diplomatic mission based on foreign policy or management requirements; in cases where necessary, report to competent authorities for consideration and decision on recalling or dismissing the head of the diplomatic mission according to regulations.”;

d) Amend and supplement paragraph 7 as follows:

“7. Appoint, extend term of office, recall members of the diplomatic mission, except as provided in paragraph 6 of this Article.”;

13. Amending and supplementing point b of Clause 1 of Article 33 as follows:

e) Remove the phrase "inspection" from paragraph 4., foreign affairs operations to be conducted for at least seven working days; in case of requesting assistance from a representative office, the request must be submitted at least

days

 13. Amend and supplement point b of paragraph 1 of Article 33 as follows: “b) Notify the diplomatic mission of the proposed program, plan for foreign policy activities in the receiving state or international organization at least 07 working days before the start of such activities; where a request for support from the diplomatic mission is made, notify at least 30 days before the start of such activities; in cases of urgency or as directed by competent authorities, notify the diplomatic mission immediately and specify the reasons.”; before the foreign affairs operation is to take place; in urgent cases or upon instruction by competent authority, immediate notification to the representative office shall be provided along with reasons.” 14. Supplementing Clause 3 after Clause 2 of Article 35 as follows: “3. Departments of assigned personnel under the representative office report periodically or at the request of the head of the representative office on the results of foreign affairs activities and specific tasks assigned by the representative office.”

and

Signed

15. Abolish paragraph 8 of Article 4. Tran Thanh Man Article 28.

 

Article 2. Implementation Provisions

1. This Law shall take effect from July 1, 2026.

2. Clause 11 of Article 8 of the Decree No. 49/2019/QH14 on Exit and Entry of Vietnamese Citizens, as amended and supplemented, has been amended and supplemented in accordance with Law No. 23/2023/QH15 and Law No. 118/2025/QH15 as follows: "11. A person serving in the diplomatic service who has been awarded a diplomatic rank or holds a diplomatic, consular, or special diplomatic position at an overseas mission in accordance with the provisions of the Code on Overseas Missions of the Socialist Republic of Vietnam."

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