THE
NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
25-L/CTN
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Hanoi,
August 23rd, 1993
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ORDINANCE
ON THE PRIVILEGES AND IMMUNITIES RELATING TO DIPLOMATIC
MISSION, CONSULAR POSTS AND REPRESENTATIVE OFFICES OF INTERNATIONAL
ORGANISATIONS IN VIETNAM.
According to Article 91 of
the 1992 Constitution of the Socialist republic of Vietnam,
This Ordinance defines the privileges and immunities relating to the diplomatic
missions, consular posts and representative offices of international
organisations in Vietnam in accordance with the international treaties
concluded or adhered to by Vietnam, and with international customs.
Chapter I
GENERAL PROVISIONS
Article 1
The State
of the Socialist republic of Vietnam accords the privileges and immunities
provided for in this Ordinance to the diplomatic missions, consular posts,
representative offices of international organisations and their members and as
well as members of their families for the purposes of facilitating the
efficient performance of their official functions and duties in capacity of
representatives in Vietnam.
Article 2
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a) To respect laws and
regulations, customs of Vietnam;
b) Not to interfere in
Vietnam's internal affairs;
c) Not to use the premises of
the mission and the residence of its members for the purposes incompatible with
the functions of the mission.
2. Diplomatic agents and career
consular officers shall mot practise any professional or commercial activity
for personal profit in Vietnam.
Article 3.
In case an
international treaty concluded or adhered to by Vietnam contains provisions
different from those in this Ordinance, the provisions of such treaty shall be
applied.
Article 4
In this
Ordinance, the following expressions shall have the meanings hereunder assigned
to them.
Expressions concerning
diplomatic mission:
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b) The " premises of the
mission" are the buildings or parts of buildings and the land
ancillary used for the official purposes of the mission including the residence
of the head of the mission.
c) the " official
correspondence" of the diplomatic mission means all correspondence
concerning the diplomatic mission and its functions.
d) The " head of the
mission" is the ambassador, minister or charge d'affaires charged by
the sending State with the duty of acting in that capacity.
e) The " member of the
staff of the mission" are the members of the diplomatic staff, of the
administrative and technical staff and off the service staff of the mission.
g) the " members of the
diplomatic staff" are members of the mission having diplomatic rank,
including the head of the mission.
h) The " members of the
administrative and technical staff" of the mission are the members of
the staff of the mission engaged in the administrative and technical work of
the mission.
i) The " members of the
family" of the diplomatic agent and of the administrative and
technical staff are their spouses and children under 18 years old forming part
of their households.
k) The "members of the
services staff" of the mission are the members of the staff of the
mission in the domestic service of the mission.
l) A " private attendant"
is a person in the private employment for a member of the mission and paid by
that member.
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a) " Consular post"
means foreign consulate-general, consulate, vice consulate or consular agency
in Vietnam.
b) " Consular district"
means the area assigned to a consular post for the exercise of consular
functions.
c) " Consular premises"
means the building or parts of buildings and the land ancillary there to used
exclusively for the purposes of the consular post.
d) " Official
correspondence" of the consular post includes all correspondence
concerning the consular post and its functions.
e) " Head of consular
post" means the person charged by sending State with the duty of
acting in that capacity.
g) " Members of the
consular post" means consular officers, consular employees and members
of the service staff.
h) " Consular officer"
means any person, including the head of a consular post, entrusted in that
capacity with the exercise of consular functions.
i) " Consular employee"
means any person employed in the administrative or technical service of a
consular post.
k) The "members of the
family" of the consular officer and of the consular employee are their
spouses and children under 18 years old forming part of their households.
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l) " Member of the
private staff" means a person who is employed exclusively in the
private service of a member of the consular post and is paid by that member.
Chapter II
PRIVILEGES AND
IMMUNITIES GRANTED TO DIPLOMATIC MISSIONS.
Article 5
1. The
mission and its head shall have the right to use the flag and emblem of the
sending State on the premises of the mission, including the residence of the
head of the mission, and on his means of transport.
2. The premises of the mission
shall be inviolable. The Vietnamese authorities may not enter them, except with
the consent of the head of the mission or other members of the mission
authorised by him.
3. The premises of the mission,
their furnishings and other property thereon and the means of transport of the
mission shall be immune from search, requisition, confiscation, attachment or
execution.
4. The Vietnamese authorities
concerned shall take appropriate measures to protect the premises of the
mission against any intrusion or damage.
Article 6.
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2. The fees and charges levied
by the mission in the course of its official duties in Vietnam shall be exempt
from all dues and taxes.
Article 7
The
archives and documents the diplomatic mission shall be inviolable.
Article 8.
1.
Vietnamese State shall ensure free communication for all official purposes of
the mission. In communicating with the Government and the other missions and
consulates of the sending State, the missions may employ all appropriate means,
including diplomatic couriers and messages in code or cipher.
However, the mission may install
and use a wireless transmitter only with the consent of the Vietnamese
Government.
2. The official correspondence
of the mission shall be inviolable.
3. The diplomatic bag shall not
be opened or detained. Diplomatic bag may include one or more than one
packages. The packages constituting the diplomatic bag must be sealed and bear
visible external marks of their character and may contain only diplomatic
documents or articles intended for official use.
4. The diplomatic courier shall
enjoy personal inviolability and be protected by Vietnamese State in the
performance of his functions. He shall be provided with an official document
indicating his status and the number of packages constituting the diplomatic
bag
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6. A diplomatic bag may be
entrusted to the captain of a commercial aircraft scheduled to land at an
authorised port of entry. He shall be provided with an official document
indicating the number of packages constituting the bag but he shall not be
considered to be a diplomatic courier. The mission may send one of its members
to take possession of the diplomatic bag directly and freely from the captain
of the aircraft.
Article 9.
Members of
the mission shall enjoy freedom of movement and travel within Vietnamese
territories except for areas the entry into which is prohibited and restricted
by the regulations of the Vietnamese government.
Article 10.
The
person of a diplomatic agent shall be inviolable. He shall not be liable to any
form of arrest or detention. The Vietnamese State will treat him with due
respect and shall take all appropriate steps to prevent any attack on his
person, freedom or dignity.
Article 11.
1. The
private residence of a diplomatic agent shall enjoy the same inviolability and
protection as the premises of the mission.
2. His papers, correspondence
and, except as provided in paragraph 3 of Article 12 of this Ordinance, his
property, shall likewise enjoy inviolability.
Article 12.
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a) A real action relating to
private immovable property situated in Vietnamese territory in which he is
involved as a private person;
b) An action relating to succession
in which he is involved as a private person;
c) An action relating to any
professional or commercial activity exercised by the diplomatic agent in
Vietnam outside his official functions.
2. A diplomatic agent is not
obliged to give evidence as a witness. If he volunteers, the way to give
evidence is up to him.
3. No measures of execution may
be taken in respect of a diplomatic agent except in the case coming under
sub-paragraph a, b and c of paragraph 1 of this Article, and provided that the
measures concerned can be taken without infringing the inviolability of his
person or of his residence.
Article 13.
1. The
immunity from criminal, civil jurisdiction and administrative sanctions of
diplomatic agents and of persons enjoying immunity under Article 17 of this
Ordinance may be waived expressly by the sending State.
2. The initiation of proceedings
by a person mentioned in paragraph 1 of this Article shall preclude him from
invoking immunity from jurisdiction in respect of any counter-claim directly
connected with the principal claim.
3. Waiver of immunity from civil
or administrative jurisdiction as provided in paragraph 1 of this Article shall
not be held to imply waiver of immunity in respect of the execution of the
judgement and administrative sanctions, for which a separate waiver shall be
necessary.
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A
diplomatic agent shall be exempt from all dues and taxes, except:
a) Indirect taxes;
b) Dues and taxes on private
immovable property situated in Vietnam's territory;
c) Dues and taxes on succession
or inheritance;
d) Dues and taxes on private
income having its source in Vietnam;
e) Charges levied for specific
services rendered;
g) Registration, court or record
fees, mortgage dues and stamp duty with respect to immovable property, except
provisions of paragraph 1 of Article 6 of this Ordinance.
Article 15.
Diplomatic
agents shall be exempt from all personal contribution for the purposes of
public welfare, security or national defence of the Vietnamese State.
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1.
Imported articles of diplomatic mission and diplomatic agents shall be exempt
from customs duties, taxes and related charges other than charges for storage,
cartage and similar services, on:
a) Articles for the official use
of the mission;
b) Articles for the personal use
of a diplomatic agent including article intended for his establishment;
2. Types, quantities and amounts
of imported articles mentioned above, as well as their re-exportation and
transfers in Vietnam shall be in accordance with regulations of the Vietnamese
State.
3. The personal baggage of a
diplomatic agent shall be exempt from inspection, unless there are serious
grounds for presuming that it contains articles not covered by the exemptions
mentioned in paragraph 1 of this Article, or article the import or export of
which is prohibited by the law or controlled by the quarantine regulations of
Vietnamese State. Such inspection shall be conducted only in the presence of
the diplomatic agent or of his authorised representative.
Article 17.
1. The
members of the family of a diplomatic agent forming part of his household
shall, if they are not nationals of Vietnam, enjoy the privileges and
immunities specified in Articles 10 to 16 of this Ordinance.
2. Members of the administrative
and technical staff of the mission, together with members of their families
forming part of their respective households, shall, if they are not nationals
of or permanently resident in Vietnam, enjoy the privileges and immunities
specified in Articles 10 to 15 of this Ordinance; however the provision of
paragraph 1 of Article 12, will be applied only when people mentioned-above are
in the exercise of official functions. They shall also enjoy the privileges and
immunities specified in Article 16, paragraph 1, in respect of article imported
at the time of first installation.
3. Members of the service staff
of the mission who are not nationals of or permanently resident in Vietnam
shall enjoy immunities in respect of acts performed in the course of their
duties, exemption from dues and taxes on the emoluments they receive by reason
of their employment.
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Article 18.
Vietnamese
nationals or foreigners permanently resident in Vietnam who are accepted by the
Vietnamese State as diplomatic agents of a foreign mission in Vietnam shall
only enjoy immunity from criminal, civil jurisdiction and administrative
sanctions and inviolability in respect of official acts performed in the
exercise of their functions.
Article 19.
1. Every
person entitled to the privileges and immunities specified in Chapter II of
this Ordinance shall enjoy them from the moment he enters the Vietnamese
territory or from the moment when his appointment is notified to the Ministry
for Foreign Affairs. When his functions have come to an end, such privileges
and immunities shall normally cease the moment when he leaves Vietnam.
2. In case of the death of a
member of the mission, the members of his family shall continue to enjoy the
privileges and immunities to which they are entitled until the expiry of a
reasonable period in which to leave Vietnam.
3. In the event of the death of
a member of the mission not a national of or permanently resident in Vietnam or
a member of his family forming part of his household, Vietnam shall permit the
withdrawal of the movable property of the deceased, with the exception of any
property acquired in Vietnam the export of which was prohibited at the time of
his death. Estate, succession and inheritance duties shall not be levied on
movable property the presence of which in Vietnam was due solely to the
presence there of the deceased as a member of the mission or as a member of the
family of a member of the mission.
Article 20.
1.
Vietnam shall, even in case of armed conflict, grant facilities in order to
enable persons enjoying privileges and immunities, other than nationals of
Vietnam, and members of the families of such persons to leave Vietnam at the
earliest possible moment.
2. If diplomatic relations are
broken off between Vietnam and other State, or if a mission is permanently or
temporarily recalled, Vietnam shall:
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b) The sending State may entrust
the custody of the premises of the mission, together with its property and
archives, to a third State acceptable to Vietnam.
Chapter III
PRIVILEGES AND
IMMUNITIES RELATING TO CONSULAR POSTS
Article 21.
1. The
consular post shall have the right to use the flag and emblem of the sending
State on the premises of the consular post, in the residence of the head of the
consular post and on his means of transport when used on official business.
2. The consular premises shall
be inviolable.
3. Vietnamese State shall take
appropriate measures to protect the consular premises against any intrusion or
damage.
4. The Vietnamese authorities may
enter the premises only with the consent of the head of the consular post or of
his designee or of the head of the diplomatic mission of the sending State. The
consent of the head of the consular post may, however, be assumed in case of
fire or other disasters requiring prompt protective action.
5. The premises of the consular
post, their furnishings and other property thereon and its means of transport
shall be immune from any form of requisition for purposes of national defence,
security or public utility. If expropriation is necessary for such purposes all
possible steps shall be taken to avoid impeding the performance of consular
functions, and prompt, adequate and effective compensation shall be paid to the
sending state.
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The
consular premises and the residence of the head of the consular post shall be
exempted from dues and taxes, other than such as represent payment for specific
services rendered.
Article 23.
The
consular archives and documents shall be inviolable.
Article 24.
Members of
the consular post shall enjoy freedom of movement and travel within Vietnamese
territory except for areas the entry into which is prohibited and restricted by
the regulations of the Vietnamese Government.
Article 25
1. The
consular post may for official purposes communicate freely with the Government
and the diplomatic missions and other consular post of the sending State.
In so doing, it may employ all
appropriate means, including diplomatic or consular, couriers, code or cipher.
However the consular post may
install and use a wireless transmitter for the purposes of communication only
with the consent of the Vietnamese Government.
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3. The packages constituting the
consular bag must be sealed and bear visible external marks of their character
and may contain only official correspondence and documents or articles intended
exclusively for official use.
4. The consular bag shall not be
opened or detained. Nevertheless, if the competent authorities of Vietnamese
State have serious reason to believe that the bag contains something other than
the correspondence, documents or article for official use of the consular post,
they may request that the bag be opened in their presence by an authorised
representative of the sending State. If this request is refused by the
authorities of the sending State, the bag shall be returned to its place of
origin.
5. The consular courier shall be
provided with an official document indicating his status and the number of
packages constituting the consular bag . In the performance of his functions he
shall be protected by the Vietnamese State. He shall enjoy personal
inviolability and shall not be liable to any form of arrest or detention.
Vietnamese citizen or foreigner permanently resident in Vietnam shall be
designated as consular courier only with the consent of the Vietnamese State.
6. The sending State, its
diplomatic mission and its consular posts may designate consular couriers ad
hoc. In such cases the provisions of paragraph 5 of this Article shall also
apply except that the immunities therein mentioned shall cease to apply when
such a courier has delivered to the consignee the consular bag in his charge.
7. A consular bag may be
entrusted to the captain of a ship or of a commercial aircraft. He shall be
provided with an official document indicating the number of packages
constituting the bag but he shall not be considered as a consular courier. By
arrangement with the appropriate local authorities, the consular post may send
one of its members to take possession of the bag directly and freely from the
captain of the ship or of the aircraft.
Article 26.
The
consular post may levy in Vietnam the fees and charges provided by the law and
regulations of the sending State for consular acts, the sums collected in the
form of the fees and charges as mentioned above shall be exempt from all dues
and taxes of Vietnam.
Article 27.
1.
Vietnamese State shall treat consular officers with due respect and shall take
all appropriate steps to prevent any attack on their persons, freedom and
dignity.
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a) In the case of a grave crime
and shall be liable to arrest or detention pending trial pursuant to a decision
by the competent judicial authority.
b) In the execution of a
judicial decision of final effect on the form of imprisonment or of restriction
on personal freedom.
3. If criminal proceedings are
instituted against a consular officer, he must appear before Vietnamese
competent authorities. Nevertheless, the proceedings shall be conducted with
the respect due to him by reason of his official position and in a manner which
will hamper the exercise of consular functions as little as possible. In case
the arrest or detention is applied to a consular officer, the proceedings
against him shall be instituted with the minimum of delay.
4. In the event of the arrest or
detention, pending trial, of a member of the consular staff, or of criminal
proceedings being instituted against him, the Vietnamese competent State
authorities shall notify the head of the consular post. Should the latter be
himself the object of any such measure, the Vietnamese Foreign Ministry shall
notify the sending State through the diplomatic channel.
Article 28.
Consular
officers and consular employees shall enjoy immunity from criminal jurisdiction
when are in the exercise of the consular functions except in case of grave
crime. They shall also enjoy immunity from civil and administrative
jurisdiction except in case of a civil action concerning:
1. A contract concluded by a
consular officer or a consular employee in which he did not contract expressly
or impliedly as an agent of the sending State.
2. A traffic accident in which
the third party claims for damage.
Article 29.
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2. If a consular officer should
decline to give evidence, no coercive measure or penalty maybe applied to him.
3. The consular employees and
the members of the service staff shall not decline to give evidence when
requested by Vietnamese competent authorities.
Article 30.
1. The
sending State may waive, with regard to a member of the consular post, any of
the privileges and immunities provided for in Article 27, 28 and 29. The waiver
shall in all cases be express.
2. The initiation of proceedings
by a consular officer or a consular employee in the matter where the might
enjoy immunity from jurisdiction under Article 28 shall preclude him from
invoking immunity from jurisdiction in respect of any counter-action directly
connected with the principal action in which he is complainant.
3. The waiver of immunity from
jurisdiction for the purposes of civil or administrative proceedings provided
in Article 28 to members of the consular post shall not be deemed to imply the
waiver of immunity from the measures of execution resulting from the judicial
decision or administrative sanctions; in respect of such measure, a separate
waiver shall be necessary.
Article 31.
Consular
officers and consular employees and members of their families forming part of
their households who are not Vietnamese citizens or not resident in Vietnam
shall be exempt from all dues and taxes, except:
a) Indirect taxes;
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c) Estate succession or
inheritance duties, and duties on transfers;
d) Dues and taxes on private
income including capital gains having its source in Vietnam and capital taxes
relating to investments made in commercial or financial undertaking in Vietnam;
e) Charges levied for specific
services rendered;
g) Registration, court or record
fees, mortgage dues and stamp duties relating to immovable property except the
provision of Article 22;
2. Member of the service staff
who are not Vietnamese citizens or not resident in Vietnam shall be exempt from
dues and taxes on the wages which they receive for their services.
Article 32.
1. A
consular post and its officers shall be permitted entry of and be granted
exemption from all customs duties, taxes, and related charges other than
charges for storage, cartage and similar services, on:
a) Articles for the official use
of the consular post.
b) Articles for the personal use
of a consular officer or members of his family forming part of his household,
including articles intended for his establishment.
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3. Kinds, quantities and amounts
of imported articles as provided in paragraph 1 of this Article and as well as
the re-exportation or the transfer of these articles in Vietnam shall be in
accordance with the Vietnamese regulations.
4. Personal baggage accompanying
consular officers and members of their families forming part of their household
shall be exempt from inspection. It may be inspected only if there is serious
reason to believe that it contains articles other than those referred to in
sub-paragraph b of paragraph 1 of this article or articles the import or export
of which is prohibited by the laws and regulations of Vietnam or which are
subject to its quarantine laws and regulations.
Such inspection shall be carried
out in the presence of the consular officer or member of his family concerned
or his designee.
Article 33.
Members
of the consular post and members of their families forming part of their
households shall be exempt from all personal contributions for the purposes of
public welfare, security or national defence of the Vietnamese State.
Article 34.
1. Every
member of the consular post shall enjoy the privileges and immunities provided
for in Chapter III of this Ordinance from the moment he enters the territory of
Vietnam on proceeding to take up his post or if already in Vietnam from the
moment, the Vietnamese Foreign Ministry is notified of the commencement of his
duties. All these privileges and immunities shall cease at the moment he leaves
Vietnam or concludes his duties.
2. In the event of the death of
a member of the consular post, the members of his family forming part of his
household shall continue to enjoy the privileges and immunities accorded to
them until the expiry of a reasonable period enabling them to leave Vietnam.
3. In the event of the death of
a member of the consular post who is not Vietnamese citizen or not resident in
Vietnam, or of a member of his family forming part of his household, the
Vietnamese State shall permit the export of the movable property of the
deceased, with the exception of any such property acquired in Vietnam the
export of which was prohibited at the time of his death. Vietnamese State shall
not levy national, regional or municipal estate, succession or inheritance
duties, and duties on transfer, on movable property the presence of which in
Vietnam was due solely to the presence there of the deceased as a member of the
consular post or as a member of the family of a member of the consular post.
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1. In the
even of a member of the diplomatic mission is entrusted to exercise consular
functions, he shall enjoy privileges and immunities as a member of the
diplomatic mission.
2. A consular officer may carry
out diplomatic activities only with the consent of the Vietnamese State.
However he shall not enjoy the diplomatic privileges and immunities.
Article 36.
1.
Consular post may be headed by an honorary consular officer.
2. Vietnamese Government shall
define procedures of acceptation and status of honorary consular officers in
Vietnam.
Article 37.
1. Provisions
of sub- paragraph 1 of Article 20 and of paragraph 1 of Article 21, of Article
24 and 26 of this Ordinance shall apply to consular posts headed by an honorary
consular officer.
2. Provisions of sub-paragraphs
a, b of paragraph 1 of Article 2 of paragraph 4 of Article 27; of Article 28;
of paragraph 1 of Article 29; of Articles 30 and 34 shall apply to honorary
consular officers.
3. The privileges and immunities
provided in Chapter III of this Ordinance shall not be accorded to members of
the family of an honorary consular officer or of a consular employee employed
at a consular post headed by an honorary consular officer.
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1. The
consular archives and documents of a consular post headed by an honorary
consular officer shall be inviolable as specified in Article 23, provided that
they are kept separate from other papers and documents, and in particular, from
the private correspondence of the head of a consular post and of any person
working with him, and from the materials, books or documents relating to their
profession or trade.
2. Consular post headed by
honorary consular officer as well as the government of the sending State and
its other diplomatic mission and consular posts shall only use diplomatic and
consular couriers, diplomatic and consular bags and messages in code or cipher
to communicate with the consular post headed by honorary consular officer in
Vietnam with the consent of the Vietnamese State for each case.
3. A consular post headed by
honorary consular officer shall enjoy the privileges and immunities on customs
provided in sub-paragraph a of paragraph 1 of Article 32, but limited to :
national flag, national emblem, consular signboard, seals and stamps, books,
official printed matter, office furniture, office equipment and similar
articles supplied by or at the instance of the sending State to the consular
post.
4. An honorary consular officer
shall be exempt from the taxes and charges towards sum of money that paid for
the exercise of the consular functions by the sending State.
Chapter IV
PRIVILEGES AND
IMMUNITIES RELATING TO REPRESENTATIVE OFFICES OF INTERNATIONAL ORGANISATIONS
Article 39.
Representative
office of Organisation of the United Nations system and its members as well as
members of their families forming part of their households shall enjoy
privileges and immunities as specified in international treaties which Vietnam
has signed or acceded to.
Article 40.
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Article 41.
Representative
office of non-governmental organisation and its members as well as members of
their families forming part of their households shall enjoy the privileges and
immunities provided by Vietnamese Government towards that organisation on the
basis of the agreement between the two sides.
Article 42.
Delegation
of international organisation, their members and those who accompany them,
coming to Vietnam for official, working visit or transiting shall enjoy
necessary privileges and immunities according to international treaties
concluded or adhered to by Vietnam or to Vietnam's laws and the regulations.
Chapter V
STATE MANAGEMENT OF THE
EXERCISE OF PRIVILEGES AND IMMUNITIES RELATING TO DIPLOMATIC MISSIONS, CONSULAR
POSTS AND REPRESENTATIVE OFFICES OF INTERNATIONAL ORGANISATIONS IN VIETNAM
Article 43.
State
management of the implementation of the privileges and immunities provided in
this Ordinance includes:
1. Promulgation of regulations
concerning the implementation of the Ordinance.
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3. Inspections and supervisions
of the implementation of the Ordinance and handling of the violation of the
Ordinance.
4. Negotiations, signing
agreements, acceding to international treaties on privileges and immunities
relating to diplomatic missions, consular posts and representative offices of
international organisations.
Article 44.
1. The
Government conducts unified State management of the implementation of the
privileges and immunities concerning diplomatic mission, consular posts and
representative offices of international organisations in Vietnam.
2. The Foreign Ministry is
authorised by the Government to take responsibilities and competence's in the
performance of State management on this field.
3. Other ministries, branches
and local administrations at all levels within their duties and authorities
shall have responsibilities to co-operate with the Foreign Ministry in the
implementation of State management on this field.
4. Economic and social
organisations and Vietnamese citizens shall have responsibilities to support
State competent bodies in correctly implementing regulations of this Ordinance.
Article 45.
Those who
violate provisions of this Ordinance shall be dealt with under Vietnamese laws
and in accordance with international law and customs.
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FINAL PROVISION
Article 46.
The
privileges and immunities specified in this Ordinance shall be applied in
respect of foreign delegations, their official members as well as those who
accompany them coming to Vietnam for official, working visits or transits on
the reciprocal basis and in accordance with international law and customs.
Article 47.
1.
Diplomatic agents, consular officers and their families' members transiting
Vietnam to their work or to their homes shall enjoy the privileges and
immunities specified in this Ordinance that are necessary for their transit.
2. Other members of diplomatic
missions and consular posts as well as their families transiting Vietnam to
their work or to their homes shall be given favourable conditions for their
transit.
3. Correspondence and other
forms of communication including codes and ciphers of the diplomatic missions
and consular posts, diplomatic couriers and bags, consular couriers and bags
when transiting Vietnam shall enjoy the right to be free and protected as
specified by receiving State in accordance with the provisions of this
Ordinance.
Article 48.
1. In the
application of the provisions of this Ordinance, the Vietnamese State shall not
discriminate as between State.
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a) Apply any of the provisions
of this Ordinance restrictively because of a similar restrictive application of
that provision to Vietnamese diplomatic mission or consular post in the sending
State.
b) Extend, on the basis of
bilateral agreement or international customs recognised by Vietnam, more
favourable treatment than is required by the provisions of this Ordinance to
diplomatic mission or consular post.
Article 49.
All
previous regulations contrary to this Ordinance shall be repealed.
The Government shall stipulate
detailed provisions regarding the implementation of this Ordinance.
FOR
THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF
VIETNAM
CHAIRMAN
Nong Duc Manh