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BỘ NGOẠI GIAO
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CỘNG HÒA XÃ HỘI CHỦ
NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số: 40/2017/TB-LPQT
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Hà Nội, ngày 30
tháng 10 năm 2017
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THÔNG BÁO
VỀ
VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Điều 56
của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Hiệp định về ưu đãi và miễn trừ của Hiệp hội
các quốc gia Đông Nam Á (Agreement on the Privileges Immunity of the
Association of Southeast Asian Nations), ký ngày 25 tháng 10 năm 2009 tại Hủa-Hỉn,
Thái Lan, có hiệu lực đối với Việt Nam từ ngày 20 tháng 4 năm 2017.
Bộ Ngoại giao trân trọng gửi bản sao Hiệp định
theo quy định tại Điều 59 của Luật nêu trên./.
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Nơi nhận:
-
Ủy ban Đối ngoại Quốc hội (để báo cáo);
- Văn phòng Chủ tịch nước (để báo cáo);
- Văn phòng Chính phủ (để báo cáo);
- Phòng Công báo, Văn phòng Chính phủ;
- Bộ Tư pháp;
- Bộ Tài chính;
- Bộ Công an;
- Bộ Công Thương;
- Bộ Kế hoạch Đầu tư;
- Bộ Quốc phòng;
- BNG: Vụ ĐNA, LS, LT;
- Lưu; LPQT (Lan14).
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TL. BỘ TRƯỞNG
VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
Lê Thị Tuyết Mai
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AGREEMENT
ON
THE PRIVILEGES AND IMMUNITIES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS
The Governments of Brunei Darussalam, the
Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic
Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the
Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of
Viet Nam, Member States of the Association of Southeast Asian Nations (ASEAN),
hereinafter collectively referred to as “Member States” or individually as
“Member State”;
RECALLING the ASEAN Charter signed in Singapore
on 20 November 2007;
RECOGNISING that Article 3 of the ASEAN Charter
confers on ASEAN, as an inter-governmental organisation, legal personality; and
FURTHER RECOGNISING that Articles 17, 18
and 19 of the ASEAN Charter accord privileges and immunities to ASEAN in the
territories of its Member States as are necessary for the fulfilment of its
purposes; the Secretary-General of ASEAN and staff of the ASEAN Secretariat as
are necessary for the independent exercise of their functions; and the
Permanent Representatives of the Member States to ASEAN, officials of the
Member States and officials on ASEAN duties as are necessary for the exercise
of their functions, respectively,
HAVE AGREED AS FOLLOWS:
Article
1
Definitions
In this Agreement, the terms:
1. “Host Member state” means the Member State
where the ASEAN Secretariat or other ASEAN institution or institutions are
situated;
2. “Members of the administrative and technical
staff” means members of the staff of the Permanent Mission employed in the
administrative and technical service of the Permanent Mission”;
3. “Members of the service staff” means
members of the staff of the Permanent Mission employed in the domestic service
of the Permanent Mission;
4. “Official ASEAN activities” means
meetings, conferences and activities of the organs of ASEAN referred to in
Chapter IV of the ASEAN Charter in the exercise of their tasks and functions;
5. “Officials of the Member States” means
persons duly appointed by a Member State to act in an official capacity and who
participate in official ASEAN activities in that capacity on behalf of that
Member State, or who are appointed by an appropriate organ of ASEAN referred to
in Chapter IV of the ASEAN Charter as its representatives in the Member States,
who are:
(a) in possession of a diplomatic or official
passport; or
(b) notified to the receiving Member State,
either through diplomatic channels or to the agency prescribed by the receiving
Member state, as persons to be accorded the privileges and immunities under
this Agreement; which privileges and immunities may be denied by the receiving
Member State, in accordance with the provisions of the ASEAN Charter and
relevant principles of international law.
6. “Officials on ASEAN duties” means persons
appointed by each Member state to be members of the Permanent Mission, having
diplomatic rank, with the duty of supporting the functions of the Permanent
Representative;
7. “Permanent Mission” means the mission of a
Member state to ASEAN based in Jakarta, headed by the Permanent Representative
of that Member State;
8. “Permanent Representative” means the
person appointed as Permanent Representative to ASEAN, with the rank of Ambassador,
by each Member State to be based in Jakarta, with the duty of acting in that
capacity;
9. “Premises of ASEAN” means the buildings or
parts of buildings and the land ancillary thereto, irrespective of ownership,
used for the purposes of ASEAN, including the residence of the
Secretary-General of ASEAN;
10. “Premises of the Permanent Mission” means
the buildings or parts of buildings and the land ancillary thereto,
irrespective of ownership, used for the purposes of the Permanent Mission,
including the residence of the Permanent Representative;
11. “Private servants” means persons who are
in the domestic service of any member of the Permanent Mission and who are not
employees of the sending Member State;
12. “Property and assets of ASEAN” means all
property, whether immovable or movable, which belong to ASEAN, wherever located
and by whomsoever held;
13. “Vienna Convention” means the 1961 Vienna
Convention on Diplomatic Relations.
Article
2
Legal
Personality
1. As a legal person, ASEAN shall have the
following capacities under domestic laws:
(a) to enter into contracts;
(b) to acquire and dispose of movable and
immovable property; and
(c) to institute and defend itself in legal
proceedings.
In the exercise of these capacities, ASEAN
shall be represented by the Secretary-General of ASEAN, Deputy
Secretaries-General or any member of the staff of the ASEAN Secretariat
authorised by the Secretary-General of ASEAN.
2. In exercising its capacities under international
law, including the power to conclude agreements under Article 41 (7) of the
ASEAN Charter, ASEAN shall act through its representatives authorised by the
Member States.
Article
3
ASEAN
1. ASEAN and the property and assets of ASEAN
shall enjoy immunity from every form of legal process except Insofar as in any
particular case it has expressly waived its immunity. It is, however,
understood that no waiver of immunity shall extend to any measure of execution.
2. The premises of ASEAN shall be inviolable.
The property and assets of ASEAN shall be immune from search, requisition,
confiscation, expropriation and any other form of interference, whether by
executive, administrative, judicial or legislative action.
3. All forms of communications and the
archives of ASEAN, and in general all documents wherever located, belonging to
it or held by it, whether in electronic or any other form where the information
contained therein can be retrieved for future reference, shall be inviolable.
4. Without being restricted by financial
controls, regulations or moratoria of any kind, ASEAN:
(a) may hold funds, gold or currency of any
kind and operate accounts in any currency; and
(b) shall be free to transfer its funds, gold
or currency from one country to another or within any country and to convert
any currency held by it into any other currency.
5. Notwithstanding Paragraph 4 of this
Article, ASEAN shall comply with the laws and regulations of the Member States
relating to the reporting of funds and foreign exchange movements.
6. In exercising its rights in Paragraph 4 of
this Article, ASEAN shall pay due regard to any representations made by the
Government of any Member State insofar as it is considered that effect can be
given to such representations without detriment to the interests of ASEAN.
7. ASEAN and the property and assets of ASEAN
shall be:
(a) exempt from all direct taxes; it is
understood, however, that ASEAN will not claim exemption from taxes which are,
in fact, no more than charges for public utility services;
(b) exempt from customs duties and
prohibitions and restrictions on imports and exports in respect of articles
imported or exported by ASEAN for its official use. It is understood, however,
that articles imported under such exemption will not be sold in the Member State
into which they were imported except under conditions agreed with the
Government of that Member State;
(c) exempt from customs duties and
prohibitions and restrictions on imports and exports in respect of its
publications.
8. While ASEAN will not, as a general rule,
claim exemption from excise duties and from taxes on the sale of movable and
immovable property which form part of the price to be paid, nevertheless when
ASEAN is making important purchases for official use of property on which such
duties and taxes have been charged or are chargeable, Member States will,
whenever possible, make appropriate administrative arrangements for the
remission or return of the amount of duty or tax..
9. The exemption from taxation and duties
referred to in this Article shall not apply to such taxes and dues payable
under the law of the Member States by persons contracting with ASEAN.
10. ASEAN shall enjoy in the territory of
each Member State for its official communications treatment not less favourable
than that accorded by the Government of that Member state to any other
Government including its diplomatic mission in the matter of priorities, rates
and taxes on mails, cables, telegrams, radiograms, telephotos, telephones and
other communications; and press rates for information to the press and radio.
No censorship shall be applied to the official correspondence and other
official communications of ASEAN.
11. ASEAN shall have the right to use codes
and to dispatch and receive its correspondence by courier or in bags, which
shall have the same privileges and immunities as diplomatic couriers and bags.
Article
4
Secretary-General
of ASEAN and staff of the ASEAN Secretariat
1. The Secretary-General of ASEAN, subject to
the decision of the Committee of Permanent Representatives, shall specify the
categories of staff of the ASEAN Secretariat to which the provisions of this
Article apply. These categories shall be communicated to the Governments of all
Member States. The names of the persons included in these categories shall from
time to time be made known to the Governments of Member States.
2. The staff of the ASEAN Secretariat who are
entitled to privileges and immunities under this Agreement shall be provided
with special Identification Cards issued by the Secretary-General of ASEAN or
his or her authorised representative that identify them as such persons.
3. The Secretary-General of ASEAN and the
staff of the ASEAN Secretariat referred to in Paragraph 1 of this Article
shall, while in the performance of and for the independent exercise of their
respective duties, functions and responsibilities:
(a) be immune from legal process in respect
of words spoken or written and all acts performed by them in their official
capacity;
(b) be exempt from taxation on the salaries
and emoluments paid to them by ASEAN;
(c) be immune from national service
obligations;
(d) be immune, together with their spouses,
dependent children, and minor children, from immigration restrictions and alien
registration;
(e) be accorded the same privileges in
respect of exchange facilities as are accorded to the officials of comparable
ranks forming part of diplomatic missions to the Government concerned;
(f) be given, together with their spouses,
relatives and children, the same repatriation facilities in time of
international crisis as diplomatic envoys;
(g) have the right to import free of duty
their furniture and effects, including one motor vehicle, at the time of first
taking up their post in the host Member State,
4. In addition to the privileges and
immunities specified in Paragraph 3 of this Article, the Secretary-General of
ASEAN and all Deputy Secretaries-General of ASEAN shall be accorded in respect
of themselves, their spouses and minor children, the privileges and immunities,
exemptions and facilities accorded to diplomatic envoys, in accordance with
international law.
5. The privileges and immunities under this
Article, except Paragraph 3(a), shall not apply to persons referred to in
Paragraph 1 of this Article, who are nationals of or permanently resident in
the granting Member state.
6. Privileges and immunities are granted to
the Secretary-General of ASEAN and staff of the ASEAN Secretariat referred to
in Paragraph 1 of this Article in the interests of ASEAN and not for the
personal benefit of the individuals themselves. The Secretary-General of ASEAN
shall have the right and the duty to waive the immunity of any member of the
staff of the ASEAN Secretariat in any case where, in his or her opinion, the
immunity would impede the course of justice and can be waived without prejudice
to the interests of ASEAN. The immunity of the Secretary-General of ASEAN may
be waived by the ASEAN Summit, or by whomsoever authorised by the ASEAN Summit.
7. The Secretary-General of ASEAN shall
cooperate at all times with the appropriate authorities of Member States to
facilitate the proper administration of justice, secure the observance of
police regulations and prevent the occurrence of any abuse in connection with
the privileges, immunities and facilities provided under this Article.
Article
5
Experts
on Missions for ASEAN
1. Each Member State shall, where it
considers appropriate, accord any or all of, but not limited to, the following
privileges and immunities to experts on missions for ASEAN:
(a) immunity from personal arrest or
detention and from seizure of their personal baggage;
(b) in respect of words spoken or written and
acts done by them in the course of the performance of their mission, immunity
from legal process of every kind. This immunity from legal process shall
continue to be accorded notwithstanding that the persons concerned are no
longer employed on missions for ASEAN or participating on behalf of Member
States in connection with official ASEAN activities;
(c) inviolability for all papers and
documents;
(d) for the purpose of their communications
with ASEAN, the right to use codes and to receive papers or correspondence by
courier or in sealed bags;
(e) the same facilities in respect of
currency or exchange restrictions as are accorded to representatives of foreign
governments on temporary official missions;
(f) the same immunities and facilities in
respect of their personal baggage as are accorded to diplomatic envoys.
2. Privileges and immunities are granted to
experts in the interests of ASEAN and not for the personal benefit of the individuals
themselves. The Secretary-General of ASEAN shall have the right and the duty to
waive the immunity of any expert in any case where, in his or her opinion, the immunity
would impede the course of justice and it can be waived without prejudice to the
interests of ASEAN.
3. Before the commencement of missions of
such experts on missions for ASEAN, the Secretary-General of ASEAN shall:
(a) send a notification to the ASEAN National
Secretariat of the Member State concerned in which they are performing their
missions, the names of the appointed experts on missions for ASEAN, the nature
of their missions and the length of their stay; and
(b) issue documents of identification, if
necessary, for such appointed experts on missions for ASEAN.
Article
6
Permanent
Mission
The relevant provisions on privileges and
immunities relating to diplomatic missions in the Vienna Convention shall apply
mutatis mutandis to the Permanent Mission.
Article
7
Permanent
Representatives and Officials on ASEAN Duties
1. The relevant provisions in the Vienna
Convention relating to privileges and immunities for diplomatic agents and
members of their families forming part of their households shall apply mutatis
mutandis to the Permanent Representatives and officials on ASEAN duties and
members of their families while they are in the host Member State.
2. The provisions on privileges and
immunities relating to the officials of the Member States under Article 9 of
this Agreement shall apply mutatis mutandis to the Permanent
Representatives and officials on ASEAN duties while they participate in
official ASEAN activities or represent ASEAN in Member States, other than the
host Member state.
3. Privileges and immunities are accorded to
the Permanent Representatives and officials on ASEAN duties in order to
safeguard the independent exercise of their functions in connection with ASEAN
and not for the personal benefit of the individuals themselves. Consequently, a
Member State not only has the right but is under a duty to waive the immunity of
its Permanent Representative and officials on ASEAN duties in any case where in
the opinion of that Member State the immunity would impede the course of
justice, and it can be waived without prejudice to the purposes for which the
immunity is accorded.
Article
8
Staff
of the Permanent Mission
1. The relevant provisions in the Vienna
Convention relating to privileges and immunities for members of the
administrative and technical staff of a diplomatic mission and members of their
families forming part of their respective households shall apply mutatis
mutandis to members of the administrative and technical staff of the
Permanent Mission and members of their families.
2. The relevant provisions in the Vienna
Convention relating to privileges and immunities for members of the service
staff of a diplomatic mission shall apply mutatis mutandis to members of
the service staff of the Permanent Mission.
3. Private servants shall, if they are not
nationals of or permanently resident in the host Member State, be exempt from
dues and taxes on the emoluments they receive by reason of their employment. In
other respects, they may enjoy privileges and immunities only to the extent
admitted by the host Member State. However, the host Member State must exercise
its jurisdiction over those persons in such a manner as not to interfere unduly
with the performance of the functions of the Permanent Mission.
4. Other members of the staff of the
Permanent Mission and private servants who are nationals of or permanently
resident in the host Member State shall enjoy privileges and immunities only to
the extent admitted by the host Member state. However, the host Member state
must exercise its jurisdiction over those persons in such a manner as not to
interfere unduly with the performance of the functions of the Permanent
Mission.
Article
9
Officials
of the Member States
1. The officials of the Member States shall,
while participating in official ASEAN activities or representing ASEAN in the
Member States, enjoy the following privileges and immunities as are necessary
for the exercise of their functions:
(a) immunity from personal arrest or
detention and from seizure of their personal baggage, and, in respect of words
spoken or written and all acts done by them in their capacity as representatives,
immunity from legal process of every kind;
(b) inviolability for all papers and
documents;
(c) the right to use codes and to receive
papers or correspondence by courier or in sealed bags;
(d) the same facilities in respect of
currency or exchange restrictions as are accorded to representatives of foreign
governments on temporary official missions;
(e) the immunities and facilities in respect
of their personal baggage as are accorded to diplomatic envoys.
2. In order to secure, for the officials of
the Member States, complete freedom of speech and independence in the discharge
of their duties, the immunity from legal process in respect of words spoken or
written and all acts done by them in discharging their duties shall continue to
be accorded, notwithstanding that the persons concerned are no longer the
officials of the Member States.
3. Privileges and immunities are accorded to
the officials of the Member States in order to safeguard the independent
exercise of their functions in connection with ASEAN and not for the personal
benefit of the individuals themselves. Consequently a Member State not only has
the right but is under a duty to waive the immunity of its officials in any
case where in the opinion of that Member State the immunity would impede the
course of justice, and it can be waived without prejudice to the purposes for
which the immunity is accorded.
4. The provisions of Paragraphs 1 and 2 of
this Article are not applicable as between the officials of the Member States
and the authorities of the Member State of which they are nationals or are
permanently resident, or of which they are or have been the officials.
Article
10
Cooperation
and Compliance
1. ASEAN, as an inter-governmental
organisation, shall, where possible, cooperate at all times with the
appropriate authorities of Member States to facilitate the proper
administration of justice, secure the observance of laws and regulations and
prevent the occurrence of any abuse in connection with the persons entitled to
the privileges and immunities under this Agreement.
2. Member States shall ensure that the
persons whom they have appointed or employed who are accorded privileges and
immunities under this Agreement, respect the laws and regulations of the Member
State in whose territory they are in, in a manner that is consistent with the
privileges and immunities enjoyed by them.
Article
11
Settlement
of Disputes
Disputes arising out of the interpretation or
application of this Agreement shall be resolved amicably in accordance with
Chapter VIII of the ASEAN Charter.
Article
12
Amendments
1. Amendments to this Agreement may be made
at any time by consensus of all Member States and shall be ratified by them in
accordance with their respective internal procedures.
2. An amendment shall enter into force on the
thirtieth day following the date of deposit of the last instrument of
ratification with the Secretary-General of ASEAN.
Article
13
Final
Provisions
1. This Agreement shall be signed by all
Member States.
2. This Agreement shall be subject to
ratification by all Member States in accordance with their respective internal
procedures.
3. Instruments of ratification shall be
deposited with the Secretary-General of ASEAN who shall promptly notify all
Member States of each deposit.
4. This Agreement shall enter into force on
the thirtieth day following the date of deposit of the tenth instrument of
ratification with the Secretary-General of ASEAN.
IN WITNESS WHEREOF, the undersigned,
being duly authorised thereto by their respective Governments, have signed this
Agreement.
Done at Cha-am Hua Hin, Thailand, on the
Twenty-Fifth Day of October in the Year Two Thousand and Nine, in a single copy
in the English language.
For the Government of
Brunei Darussalam:
LIM JOCK SENG
Second Minister of Foreign Affairs and Trade
For the Government of
the Kingdom of Cambodi
HOR NAMHONG
Deputy Prime Minister and Minister of Foreign Affairs and International
Cooperation
For the Government of
the Republic of Indonesia:
DR. R.M MARTY M. NATALEGAWA
Minister for Foreign Affairs
For the Government of
the Lao People’s Democratic Republic
DR THONGLOUN SISOULITH
Deputy Prime Minister and Minister of Foreign Affairs
For the Government of
Malaysia:
DATUK ANIFAH AMAN
Minister of Foreign Affairs
For the Government of
the Union of Myanmar:
NYAN WIN
Minister for Foreign Affairs
For the Government of
the Republic of the Philippines:
ALBERTO G. ROMULO
Secretary of Foreign Affairs
For the Government of
the Republic of Singapore:
GEORGE YONG-BOON YEO
Minister for Foreign Affairs
For the Government of
the Kingdom of Thailand:
KASlT PlROMYA
Minister of Foreign Affairs
For the Government of
the Socialist Republic of Viet Nam:
DR. PHAM GIA KHIEM
Deputy Prime Minister and Minister for Foreign Affairs