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THE STANDING COMMITTEE OF NATIONAL
ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
40-L/CTN
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Hanoi,
May 31, 1995
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ORDINANCE
ON DIPLOMATIC TITLES AND RANKS
In order to raise the
effectiveness of the activities in external relations of the State of the
Socialist Republic of Vietnam, step by step formalize the Diplomatic Service,
and standardize the contingent of government employees in the Vietnam
Diplomatic Service to make it conform with international law and practice;
Pursuant to Articles 84, 91 and 103 of the 1992 Constitution of the Socialist
Republic of Vietnam;
Pursuant to the Resolution of the 6th session of the IXth National Assembly on
legislative work in 1995;
This Ordinance provides for the diplomatic titles and ranks of Vietnam,
Chapter I
GENERAL PROVISIONS
Article 1.- The diplomatic titles
are State titles conferred on the government employees of the Diplomatic
Service to meet the demand of external relations in the country and abroad.
Article 2.- All the government
employees who are working in the Diplomatic Service and who meet the political,
moral, and diplomatic professional criteria and the necessary qualifications to
work in the external relations domain, shall be considered for conferment of
diplomatic titles and assigned to a diplomatic rank as provided for in this
Ordinance.
Article 3.- The holder of a
diplomatic title must unceasingly train and study with a view to raising
his/her standard and capacity in all fields, actively contribute to the
building and development of the Vietnam diplomacy, preserve the qualities and
honor of the government employees of the Vietnam diplomatic service, and shall
take responsibility before the State and law for the implementation of his/her
tasks and powers.
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Chapter II
DIPLOMATIC TITLES AND RANKS, RELATIONS BETWEEN DIPLOMATIC TITLES AND
DIPLOMATIC POSTS
Article 5.- The system of the
Vietnam diplomatic titles and ranks is defined as follows:
The high diplomatic ranks include:
- The Ambassador title;
- The Minister title;
- The Counsellor title.
The intermediate diplomatic ranks include:
- The First Secretary title;
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The primary diplomatic ranks include:
- The Third Secretary title;
- The Attache title.
Article 6.- The holder of a
diplomatic title shall retain this title when assigned to work abroad in
his/her diplomatic capacity or consular capacity.
Article 7.- The holder of a
diplomatic title when assigned to work at another agency or organization, or on
his/her retirement, shall be allowed to keep this diplomatic title and rank as
a mark of honor of the diplomatic service.
Article 8.-
1. The government employee of
another agency or organization assigned to work at the Diplomatic Service shall
be considered for conferment of a diplomatic title if he/she meets the criteria
defined in this Ordinance.
2. The holder of a diplomatic
title who was assigned to another agency or organization and who is now
re-assigned to the Diplomatic Service, shall be considered for conferment of
the diplomatic title commensurate with his/her present standard.
Article 9.-
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2. The diplomatic posts of
Vietnam comprise:
- Ambassador Extraordinary and
Plenipotentiary, Minister Extraordinary and Plenipotentiary, Charge d'Affaires,
Head of the Permanent Mission at an inter-governmental international
organization;
- Minister;
- Minister Counsellor;
- Counsellor;
- First Secretary;
- Second Secretary;
- Third Secretary;
- Attache.
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1. The holder of a diplomatic
title when assigned to work at a representation of the Socialist Republic of
Vietnam in a foreign country shall be assigned to a diplomatic or consular post
corresponding to his/her diplomatic title. As may be necessitated by work, the
holder of a diplomatic title may be assigned to a diplomatic or consular post
higher or lower than his/her diplomatic title.
2. The holder of a diplomatic title
from the Counsellor title upward may be assigned to head a permanent
representation of the Socialist Republic of Vietnam abroad. On his/her return
to the country after completion of his/her term of office, he/she shall hold
the diplomatic title conferred before the assignment.
Article 11.- In the external
relations activities, the holders of diplomatic titles shall be arranged
according to the order of the diplomatic or consular posts. Among the holders
of diplomatic titles with the same diplomatic or consular posts, the holders of
higher diplomatic titles, or if they hold the same title, the more senior shall
be placed on a higher rank in the arrangement.
Article 12.- The government
employees of other agencies or organizations who are assigned to work at the
representation of the Socialist Republic of Vietnam in a foreign country, if
they meet all the criteria prescribed by law and as may be required by work,
shall be considered for appointment to a diplomatic or consular post in order
to carry out the work of the representation.
Chapter III
CRITERIA FOR DIPLOMATIC TITLES, NOMINATION, PROMOTION, DEMOTION AND
REVOCATION OF DIPLOMATIC TITLES
Article 13.- The government
employees of the Diplomatic Service - who meet these criteria: loyal to the
socialist Vietnamese Motherland; who have good political and moral qualities;
who firmly grasp and are capable of correctly implementing the internal and
external policies of the Party and the State; who have the university level in
education, and the higher level in politics; who have been formally trained in
the diplomatic career; who have good command of at least one foreign language;
who have worked in the Diplomatic Service for at least ten years; who have
accumulated a good amount of experience in external relations work; who are
ministers, vice-ministers or an equivalent post, heads or deputy heads of
departments or equivalent post; who are high-level specialists or who have
headed a representation of the Socialist Republic of Vietnam abroad; and who
have made worthy contributions to the diplomatic activities of Vietnam - may be
considered for nomination as Ambassador.
Article 14.- The government
employees of the Diplomatic Service - who meet these criteria: loyal to the
socialist Vietnamese Motherland; who have good political and moral qualities;
who are capable of correctly implementing the internal and external policies of
the Party and State; who have the university degree in education and the
secondary and higher level in politics; who have been trained in the diplomatic
career; who can use at least one foreign language; who have worked in the
Diplomatic Service for at least 8 years; who have accumulated experience in
external relations work; who are heads of departments or deputy heads of
departments or equivalent posts; who are high-level specialists, chief
specialists or specialists - may be considered for nomination to the title of
Counsellor or Minister.
Article 15.-
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2. The government employees of
the Diplomatic Service - who meet the criteria defined in Item 1 of this
Article and who have worked at least three years in the Diplomatic Service and who
are specialists - may be considered for nomination to the title of Attache or
Third Secretary.
Article 16.- The nomination,
promotion, demotion and revocation of the diplomatic titles and ranks come
under the competence of the President of the Republic.
Article 17.- The Prime Minister
shall set up the Consultancy Council on diplomatic titles and ranks, and shall
define the functions, tasks, powers and organization of the apparatus and the
working statute of this Council.
Article 18.-
1. The promotion to a diplomatic
title or rank shall be done when required by the external relations work and
shall be based on the criteria defined in Articles 13, 14 and 15 of this
Ordinance.
2. The holder of a diplomatic
title who accomplishes his/her tasks in an outstanding manner, and when
required by the external relations work, may be considered for promotion to a
diplomatic rank beyond the usual rank.
Article 19.- A government
employee of the Diplomatic Service, who is subjected to reprimand or higher
disciplinary measures, is not eligible for consideration for promotion to a
higher diplomatic title or rank while the decision on discipline remains
effective.
Article 20.- The holder of a
diplomatic title who is subjected to discipline shall be, depending on the form
of the discipline, be demoted from his/her diplomatic title or rank. If he/she
is forced to quit his/her job, or if he/she commits an offense and is convicted
by the Court and the verdict has taken legal effect, he/she shall have his/her
diplomatic title and rank revoked.
Chapter VI
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Article 21.- The holder of a
diplomatic title has the obligations:
1. To be absolutely loyal to the
Motherland, the people and the State of the Socialist Republic of Vietnam;
2. To seriously carry out the
line and policies of the Party and the law of the State, the statutes and
regulations of the Diplomatic Service;
3. To protect the national
interests, the State secrets and the honor of the nation;
4. To constantly train and study
to raise their standard and capacity in politics, profession and foreign
languages, and to preserve the dignity of the government employees of the
Vietnam Diplomatic Service;
5. To fulfill well all the tasks
assigned.
Article 22.- The holder of a diplomatic
title in active service is entitled to all rights and interests of State
employees. The nomination and promotion to diplomatic titles and ranks is a
basis for the assignment, training and raising the standard of the government
employees, assignment to posts and allocation of wages in conformity with the
common stipulations of the State concerning the wage regime.
Article 23.- The holder of a
diplomatic title is entitled to use his/her diplomatic title in external
relations activities but not for any other purpose which is contrary to the
prescriptions of law .
Article 24.- The holder of a
diplomatic title is protected by law and is assisted by the authorized State
agencies when he/she carries out his/her public service.
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Article 26.- The persons who
violate the provisions of this Ordinance and related legal documents shall,
depending on the extent of their offenses, be disciplined, put to
administrative sanctions or examined for penal liability.
Chapter V
IMPLEMENTATION PROVISION
Article 27.- This Ordinance takes
effect from the date of its promulgation.
All the earlier provisions which
are contrary to this Ordinance are now annulled.
Article 28.- The Government shall
provide details for the implementation of this Ordinance.
FOR THE STANDING COMMITTEE OF THE
NATIONAL ASSEMBLY,
CHAIRMAN
Nong Duc Manh