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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No.
33/2009/QH12
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Hanoi,
June 18, 2009
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LAW
ON OVERSEAS REPRESENTATIVE MISSIONS OF THE SOCIALIST
REPUBLIC OF VIETNAM
(No.
33/2009/QH 12 of June 18, 2009)
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Overseas Representative Missions
of the Socialist Republic of Vietnam.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Law provides for the
functions, tasks, powers and organization of overseas representative missions
of the Socialist Republic of Vietnam (below referred to as representative
missions) and the state management of representative missions.
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1. Representative missions
perform the functions of officially representing the Vietnamese State in its
relations with receiving countries, territories and international organizations
and uniformly managing foreign activities under Article 12 of this Law.
2. Representative missions
include diplomatic representative missions, consular representative missions
and representative missions at international organizations.
3. Representative missions are
entitled to full privileges and immunities in accordance with international
law.
Article 3.
Principles on organization and operation of representative missions
1. Implementing foreign policies
of the Vietnamese State.
2. Submitting to the direction
of the President, the Government and the Prime Minister, the direct management
of the Ministry of Foreign Affairs and the supervision of the National
Assembly.
3. Operating under Vietnam's
laws in conformity with international law and laws of countries where
representative missions are based.
4. Being organized and operating
under the single-leader regime.
Article 4.
Interpretation of terms
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1. Diplomatic representative
missions are embassies.
2. Consular representative
missions are general consulates and consulates.
3. Representative missions at
international organizations are permanent missions, missions, permanent
observer missions and agencies which bear other names but perform the function
of representing the Vietnamese State at intergovernmental international
organizations.
4. Consular premises means a
territorial part of the receiving country which, under the agreement between
the Socialist Republic of Vietnam and the receiving country, is reserved for
the consular representative mission to perform consular functions.
5. Members of a representative
mission include the head of the representative mission, members of the
diplomatic staff, members of the consular staff and employees of the
representative mission.
6. Members of the diplomatic
staff are those who hold diplomatic posts.
7. Members of the consular staff
are those who hold consular posts.
8. Honorary consuls are
non-professional consular officers who are not Vietnamese cadres, public
employees and civil servants, including honorary consuls general and honorary
consuls.
9. Employees of a representative
mission are those who perform administrative, technical or service jobs.
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TASKS AND POWERS OF
REPRESENTATIVE MISSIONS
Article 5.
Promoting socio-political and defense-security relations
1. To sum up, evaluate and
provide competent agencies with information on the socio-political and
defense-security situation in receiving countries and international
organizations.
2. To propose to competent
agencies necessary measures to promote the development of sociopolitical and
defense-security relations between the Socialist Republic of Vietnam and
receiving countries and international organization.
3. To establish, maintain and
develop their relations with agencies, organizations and individuals in
receiving countries and international organizations; to facilitate the
implementation of foreign policies in the relations with receiving countries
and international organizations.
Article 6.
Serving national economic development
1. To study receiving countries'
or international organizations' strategies, policies, laws and trends on
economic development, trade, investment, development assistance, science and
technology, environmental protection, education and training, tourism,
cooperation on the use of human resources and other related issues; to report
to competent agencies on policies and decisions of strategic significance
adopted by receiving countries and international organiza-tions, which may
affect the Vietnamese economy.
2. To provide information on and
introduce the situation of and possibility and demands for cooperation between
enterprises of Vietnam and receiving countries.
3. To propose to competent
agencies appropriate policies and measures and organize their implementation in
order to develop economic relations between the Socialist Republic of Vietnam
and receiving countries and international organizations.
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Article 7.
Promoting cultural relations
1. To sum up, evaluate and
inform competent agencies of cultural creation and development experiences of
receiving countries and international organizations.
2. To propose measures for
promoting cultural cooperation between the Socialist Republic of Vietnam and
receiving countries and international organizations.
3. To propagate and disseminate
information on the Vietnamese history, culture, image and people in receiving
countries and international organizations.
4. To introduce the history,
culture, national image and people of receiving countries and activities
related to the culture of receiving international organizations to Vietnamese
agencies, organizations and people.
5. To support and facilitate the
exchange of delegations and cultural exchange between the Socialist Republic of
Vietnam and receiving countries and international organizations.
6. To organize or jointly
organize Vietnamese cultural activities and events in receiving countries and
international organizations.
Article 8.
Performing consular tasks
1. To provide consular
protection of the State's interests and lawful rights and interests of
Vietnamese citizens and legal entities and perform consular tasks prescribed in
this Article on the basis of compliance with Vietnam's laws, laws of receiving
countries and treaties to which the Socialist Republic of Vietnam and receiving
countries are contracting parties, and conformity with international law and
practices.
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3. In case Vietnamese citizens
and legal entities are unable to protect their lawful rights and interests
under the law and practice of receiving countries, representative missions may
temporarily act or arrange someone to act as their representatives at courts or
competent agencies of receiving countries until other persons agree to act as
their representatives or they are able to protect by themselves their lawful
rights and interests.
4. To grant, extend, modify,
renew, re-grant or revoke passports, laisser-passers and other papers valid for
entry into and exit out of Vietnam in accordance with law.
5. To grant, extend, modify,
re-grant or cancel visas and certificates of Vietnamese visa exemption in
accordance with law.
6. To perform tasks related to
civil status and child adoption in conformity with Vietnam's laws, laws of
receiving countries or treaties to which the Socialist Republic of Vietnam and
receiving countries are contracting parties.
7. To perform tasks regarding
notarization and certification in accordance with Vietnam's laws and treaties
to which the Socialist Republic of Vietnam and receiving countries are
contracting parties; to receive and preserve papers, documents and valuable
objects of Vietnamese citizens and legal entities when requested, if such
request does not contravene laws of receiving countries.
8. To consularly legalize
foreign papers and documents which are notarized or certified by competent
agencies or persons of receiving countries for recognition and use in Vietnam;
to consularly certify papers and documents notarized or certified by Vietnamese
agencies or persons for recognition and use in receiving countries.
9. To coordinate with competent
agencies or persons of receiving countries in completing procedures for
Vietnamese citizens and legal entities to settle matters related to the
inheritance of properties or receipt of inherited properties which are helpful
to the Vietnamese State.
10. To receive applications and
related evidence of Vietnamese citizens and legal entities for subsequent
transfer to competent Vietnamese agencies for consideration and settlement.
11. To perform other nationality-related
tasks in accordance with law.
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13. To perform judicial mandate
jobs between the Socialist Republic of Vietnam and receiving countries; to
transfer and deliver dossiers, papers and documents of Vietnamese courts or
other competent procedure-conducting agencies to Vietnamese citizens and legal
entities in receiving countries in conformity with Vietnam's laws, laws of
receiving countries or treaties to which the Socialist Republic of Vietnam and
receiving countries are contracting parties, provided that the performance of
these jobs does not affect privileges and immunities of representative missions
and their members prescribed by international law and practice.
14. To assist Vietnamese
sea-going ships, airplanes bearing Vietnamese nationality and other vehicles
registered in Vietnam so that they are entitled to all rights and interests in
receiving countries in accordance with laws of the receiving country, treaties
to which the Socialist Republic of Vietnam and receiving countries are
contracting parties, and international law and practice.
15. To perform tasks regarding
epidemic prevention and animal and plant quarantine in conformity with
Vietnam's laws, laws of receiving countries, treaties to which the Socialist
Republic of Vietnam and receiving countries are contracting parties, and
international law and practice.
16. To perform other consular
tasks in accordance with Vietnam's laws, laws of receiving countries or
treaties to which the Socialist Republic of Vietnam and receiving countries are
contracting parties.
Article 9.
Supporting and protecting overseas Vietnamese communities
1. To propagate and introduce
Vietnam's policies and laws related to overseas Vietnamese.
2. To review and report to
competent agencies on the situation of overseas Vietnamese communities as well
as mobilization of and support for overseas Vietnamese communities.
3. To propose to competent
agencies appropriate policies and measures to maintain the close attachment of
overseas Vietnamese communities to the country; to encourage overseas
Vietnamese to preserve national identities and participate in all areas of
social life in Vietnam.
4. To create conditions for and
support overseas Vietnamese to stabilize their lives and integrate themselves
into the society in receiving countries; to propose necessary measures to
protect lawful rights and interests of overseas Vietnamese and prevent
discrimination against overseas Vietnamese communities in receiving countries.
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6. To propose to competent
agencies appropriate forms of commendation for overseas Vietnamese
organizations and individuals that record outstanding achievements in community
development and national construction.
Article 10.
Performing the uniform management of foreign activities
1. To direct and guide according
to their competence the uniform implementation of foreign policies by
representatives of Vietnamese agencies and organizations in receiving countries
and international organizations and delegations sent by Vietnamese agencies or
organizations to make working trips to receiving countries or international
organizations.
2. To organize, jointly organize
and directly participate in foreign activities of the Socialist Republic of
Vietnam in receiving countries or international organizations.
3. To take appropriate measures
to prevent and immediately report to competent agencies on acts committed by
representatives of Vietnamese agencies, organizations or delegations on working
visits to receiving countries or international organizations in contravention
of foreign policies, thus affecting relations between the Socialist Republic of
Vietnam and receiving countries or international organizations.
4. To review and evaluate
foreign activities in receiving countries and international organizations; to
propose necessary measures to ensure the uniform implementation of the
Vietnamese State's foreign policies in foreign countries.
Article 11.
Managing personnel and material foundations of representative missions
1. To manage organization and
personnel affairs; clerical and archival work and protect state secrets.
2. To manage and economically
and effectively use assigned assets and material foundations and allocated
funds.
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Article 12.
Assigning functions and tasks among representative missions
1. Representative missions shall
perform specific functions and tasks under their establishment decisions issued
by the Government in conformity with agreements between the Socialist Republic
of Vietnam and receiving countries or international organizations and
international law.
2. Diplomatic representative
missions are the highest-level representative agencies of the Vietnamese State
in receiving countries.
A diplomatic representative
mission may perform representative functions in one or several countries or
international organizations and may perform diplomatic and consular functions
and tasks authorized by other countries.
Diplomatic representative
missions shall uniformly manage foreign activities of the Socialist Republic of
Vietnam in receiving countries and may examine foreign activities carried out
by consular representative missions in receiving countries.
3. Consular representative
missions shall perform consular functions and tasks in consular premises and
may perform these tasks outside consular premises under agreements between the
Socialist Republic of Vietnam and receiving countries.
A consular representative mission
may perform consular functions and tasks in one or several countries or perform
consular functions and tasks authorized by other countries and diplomatic
functions and tasks in receiving countries under agreements between the
Socialist Republic of Vietnam and receiving countries.
Consular representative missions
shall uniformly manage foreign activities of the Socialist Republic of Vietnam
in receiving countries when no diplomatic representative mission is based in
these countries.
4. A representative mission at
an international organization may perform representative functions and tasks at
one or several international organizations and may perform some consular tasks
in the country where the international organization is headquartered under the
agreement between the Socialist Republic of Vietnam and this country.
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ORGANIZATIONAL
APPARATUS, PAYROLL, FUNDS AND HEAD OFFICES OF REPRESENTATIVE MISSIONS
Article 13.
Establishment, suspension and termination of operation
1. Representative missions are
established by the Government and directly managed by the Ministry of Foreign
Affairs.
2. Based on operational
requirements and foreign relations, on the basis of the agreement with
receiving countries and international organizations and after consulting
concerned ministries, the Ministry of Foreign Affairs shall propose the
Government to decide on the establishment, suspension or termination of
operation of representative missions.
3. After obtaining the
Government's decision, the Ministry of Foreign Affairs shall assume the prime
responsibility for, and coordinate with concerned agencies in. organizing and
completing necessary external formalities for the implementation of that
decision.
Article 14.
Organizational apparatus and payroll
1. The Ministry of Foreign
Affairs shall assume the prime responsibility for, and coordinate with the
Ministry of Home Affairs and relevant agencies in. formulating a scheme on the
organizational apparatus and payroll norms of representative missions. The
Minister of Foreign Affairs shall submit it to the Prime Minister for approval.
2. The payroll of a
representative mission includes cadres, public employees and civil servants of
the Ministry of Foreign Affairs and. based on working requirements, cadres,
public employees and civil servants of some other relevant agencies who work
under the secondment regime in accordance with law (below referred to as
officials on secondment).
3. On the basis of the scheme
approved by the Prime Minister and requirements for foreign activities and
relations, after reaching agreements with relevant agencies, the Minister of
Foreign Affairs shall decide on the organizational structure and personnel of
each representative mission in charge of the following areas:
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b/ Defense - security;
c/ Economy, trade, investment,
tourism, labor and science and technology;
d/ Culture, information, press
and education and training;
e/ Consular work and affairs of
overseas Vietnamese communities;
f/ Administrative and protocol
affairs,
Article 15.
Funds
1. The State shall ensure
necessary funds for representative missions to perform their assigned
functions, tasks and powers.
2. Funds for representative
missions shall be allocated from the state budget as follows:
a/ Funds for capital
construction investment shall be allocated to the Ministry of Foreign Affairs
for subsequent allocation to representative missions:
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c/ Funds for specialized
operations shall be allocated to relevant agencies in charge of these
operations. The Government shall specify this Point.
3. The allocation, management,
use and finalization of funds of representative missions comply with law.
Article 16.
Head offices and material foundations
1. Representative missions have
their head offices in receiving countries or countries where receiving
international organizations are headquartered. The national flag and emblem of
the Socialist Republic of Vietnam must be hung at head offices of
representative missions, which also have their name plates.
2. The State shall ensure
conditions regarding head offices, material and technical foundations and necessary
equipment and facilities for representative missions and their members to
perform their assigned functions, tasks and powers. Representative missions are
equipped with separate information and communication systems for use to
maintain regular and confidential communication with competent agencies and
organizations.
Chapter IV
MEMBERS OF
REPRESENTATIVE MISSIONS
Article 17.
Criteria of members of representative missions
1. Members of representative missions
must be cadres, public employees and civil servants as prescribed by law and
satisfy conditions set by the Ministry of Foreign Affairs.
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2. Members of representative
missions must possess political and professional qualifications, foreign
language skills and experience suitable to their working requirements.
Article 18.
Diplomatic posts and consular posts
1. Diplomatic posts include:
a/ Ambassador extraordinary and
plenipotentiary;
b/ Ambassador;
c/ Minister;
d/ Minister-counselor:
e/ Counselor;
f/ First secretary;
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g/ Third secretary;
h/ Attache.
2. Consular posts include:
a/ Consul general;
b/ Deputy-consul general;
c/ Consul;
d/ Deputy consul;
e/ Consular attache.
Article 19.
Heads of representative missions
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2. The head of a consulate
general is the consul general. The head of a consulate is the consul.
3. The head of the
representative mission at an international organization is the permanent
representative, the permanent observer or the President's representative at the
international organization.
Article 20.
Appointment and recall of heads of representative missions
1. The President may appoint and
recall heads of representative missions who are ambassadors extraordinary and plenipotentiary,
the permanent representative at the United Nations and representatives of the
President at international organizations at the request of the Prime Minister.
2. The Minister of Foreign
Affairs may appoint and recall heads of representative missions, except the
cases specified in Clause 1 of this Article.
3. The head of a representative
mission in a country or at an international organization may be assigned or
appointed to concurrently act as head of the representative mission in another
country or at another international organization.
Article 21.
Responsibilities of heads of representative missions
1. To direct and organize the
performance of functions and tasks of representative missions and take
responsibility before the President, the Government, the Prime Minister and the
Minister of Foreign Affairs for the performance of these functions and tasks;
to direct the formulation and implementation of working programs and plans of
representative missions.
2. To assign tasks to members of
representative missions in conformity with appointment decisions issued by the
Minister of Foreign Affairs and working requirements of representative
missions; to coordinate with relevant agencies in directing the performance of
tasks by officials on secondment; to organize and examine the implementation of
entitlements and policies applicable to members of representative missions: to
manage labor discipline and evaluate members of representative mission: to
carry out commendation, rewarding and disciplining according to their
competence or propose competent agencies to do so; to settle complaints and
denunciations according to law.
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4. To take responsibility for
the management and reasonable and economical use of funds and material
foundations of representative missions in accordance with law.
5. To organize preliminary and
final reviews of and report directly to competent agencies on operations of
representative missions; to propose to the Minister of Foreign Affairs measures
to improve the organizational apparatus and payrolls of, and entitlements and
policies applicable to, representative missions.
6. In case of emergency, to
decide on the application of necessary measures to protect the lives, health
and properties of members of representative missions and their family members
and documents and properties of representative missions and, at the same time,
immediately report the case to the Minister of Foreign Affairs.
7. In special cases, to decide
to send home members of representative missions who fail to fulfill their tasks
or commit acts which cause serious consequences to national security or
relations with receiving countries or international organizations and, at the
same time, immediately report it to the Minister of Foreign Affairs.
8. To perform other tasks and
exercise other powers in accordance with law.
Article 22.
Acting heads of representative missions
1. In case the head of a
representative mission is temporarily absent or. for other reasons, unable to
perform his/her tasks, he/she shall assign a member of the representative
mission who is an official of the Ministry of Foreign Affairs holding the
immediately lower post at the representative mission to act as acting head of
the representative mission and immediately report it to the Minister of Foreign
Affairs.
2. The Minister of Foreign
Affairs may assign another person to act as acting head of the representative
mission.
3. The head of the
representative mission or the Minister of Foreign Affairs shall, on a
case-by-case basis, introduce the person assigned to act as acting head of the
representative mission to the receiving country or international organization.
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1. The Minister of Foreign
Affairs shall appoint and recall other staff members of representative
missions.
2. The procedures for
appointment and recall of other staff members of representative missions are
specified by the Minister of Foreign Affairs.
Article 24.
Responsibilities of members of representative missions
1. To observe Vietnam's laws and
comply with regulations of the Ministry of Foreign Affairs and representative
missions; to protect and enhance the image, prestige, honor and interests of
the Socialist Republic of Vietnam at receiving countries or international
organizations.
2. To respect law and traditions
and customs of receiving countries; to actively contribute to enhancing the
cooperative relationship between the Socialist Republic of Vietnam and
receiving countries or international organizations.
3. To abide by the instruction
and administration of heads of their representative missions: to report on and
take responsibility before heads of their representative missions for the
performance of their assigned tasks.
4. To protect state secrets.
5. To refrain from abusing
privileges and immunities for personal benefits, adversely affecting the honor
and prestige of the Socialist Republic of Vietnam and representative missions.
During their working period at representative missions, to be prohibited from
conducting professional operations for self-seeking purposes.
Article 25.
Responsibilities of family members
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2. To refrain from abusing
privileges and immunities for personal interests, adversely affecting the honor
and prestige of the Socialist Republic of Vietnam and representative missions.
Article 26.
Entitlements applicable to members of representative missions and their spouses
1. During their working period
at representative missions, members of representative missions and their spouses
who are sent to work for a given term at representative missions are entitled
to:
a/ Salaries and allowance:
housing benefits: social insurance, health insurance and annual leaves as
prescribed by law:
b/ Allowances in case of injury
or death;
c/ Allowances and incentives,
for those who work in areas with armed conflicts or catastrophes caused by
natural disasters or epidemics or work under extremely difficult conditions.
2. Female members of
representative missions or wives of members who are sent to work for a given
term at representative missions together with their spouses, when giving birth
to children, are entitled to maternity benefits as prescribed by law. The
maternity leave period of female members of representative missions is counted
in their working term.
Article 27.
Working term
1. The working term of members
of representative missions is 36 months and may be extended in necessary cases
specified in Clause 7, Article 32 of this Law.
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Article 28.
Honorary consuls
1. If requirements for consular
work arise but there are insufficient conditions for establishing a consular
representative mission or appointing consular officials, the Minister of
Foreign Affairs may appoint a honorary consul.
2. Procedures for appointment,
termination of operation, functions, tasks and powers of honorary consuls
comply with law.
Article 29.
Contractual employees
1. Representative missions may
employ residents in countries where their head-offices are located to work as
contractual employees.
2. Rights and obligations of
contractual employees are specified in the recruitment contracts.
Chapter V
DIRECTION, MANAGEMENT,
SUPERVISION AND COORDINATION IN OPERATIONS OF REPRESENTATIVE MISSIONS
Article 30.
Direction and management of representative missions
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2. The President, the Government
and the Prime Minister shall direct operations of representative missions.
3. The Ministry of Foreign
Affairs shall take responsibility before the Government for the state
management of representative missions; directly manage, instruct and administer
the organization and operation of representative missions.
Article 31.
Supervision of representative missions
The National Assembly and its
agencies and National Assembly deputies shall exercise the right to supervise
operations of representative missions in accordance with law.
Article 32.
Responsibilities of the Minister of Foreign Affairs
1. To promulgate according to
his/her competence or propose to competent agencies for promulgation legal
documents on representative missions.
2. To study and propose to the
Government for approval policies on negotiation and conclusion of. accession
to, and implementation of treaties on representative missions.
3. To propose to the Prime
Minister for approval the scheme on the organizational apparatus and payrolls
of representative missions.
4. To direct, examine and
inspect the implementation of foreign policies and the performance of functions
and tasks by representative missions and their members in accordance with law.
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6. To request the Prime Minister
to propose the President to send and recall ambassadors extraordinary and
plenipotentiary, the permanent representative at the United Nations and
representatives of the President at international organizations.
7. To appoint, prolong the term
of and recall members of representative missions, except cases specified in
Clause 6 of this Article. To appoint and terminate the operation of honorary
consuls.
8. To organize and direct the
coordination of activities between representative missions and relevant
agencies and organizations at home and abroad.
9. To perform the management and
use of material and technical foundations and funds of representative missions.
10. To conduct commendation and
disciplining work and settle complaints and denunciations in accordance with
law.
Article 33.
Working coordination between Vietnamese agencies and organizations and
representative missions
1. Vietnamese agencies and
organizations shall:
a/ Provide necessary information
in service of foreign activities of representative missions;
b/ Promptly notify
representative missions of tentative programs and plans on foreign activities
in receiving countries and international organizations:
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d/ To coordinate with
representative missions in directing foreign activities of their
representatives in receiving countries or international organizations.
2. In case representative
missions deal with affairs in specialized management areas if representative
missions hold opinions different from those of relevant agencies and
organizations, heads of representative missions may make final decisions and.
at the same time, immediately report them to the Ministry of Foreign Affairs
and notify it to relevant agencies and organizations.
Article 34.
Working coordination between delegations on working visits abroad and
representative missions
Delegations sent on working
visits abroad shall promptly inform their working agenda in receiving countries
or at international organizations to representative missions for coordination
and notify results of their activities to representative missions after
completing their working visits.
Article 35.
Working coordination between managing agencies of officials on secondment and
representative missions
1. Managing agencies of
officials on secondment shall coordinate with representative missions in
formulating working programs and plans of representative missions with regard
to professional domains under their management and provide professional
guidance to officials on secondment through heads of representative missions,
except in special cases.
2. Representative missions shall
coordinate with managing agencies of officials on secondment in directing,
managing and evaluating the performance of tasks by these officials.
Chapter VI
IMPLEMENTATION PROVISIONS
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1. The November 13, 1990
Ordinance on Consular Affairs and the December 15, 1993 Ordinance on Overseas
Representative Missions of the Socialist Republic of Vietnam cease to be
effective on the effective date of this Law.
2. This Law was passed on June
18, 2009, by the XIIth National Assembly of the Socialist Republic
of Vietnam at its 5th session.
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong