THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
139/2000/QD-TTg
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Hanoi, December 04, 2000
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DECISION
PROMULGATING THE REGULATION ON FOREIGN
HONORARY CONSULS IN VIETNAM
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
At the proposal of the Minister for
Foreign Affairs,
DECIDES:
Article 1.- To promulgate together with this Decision the
Regulation on Foreign Honorary Consuls in Vietnam.
Article 2.- This Decision takes effect 15 days after its
signing and replaces Decision No. 443/TTg of August 30, 1993 of the Prime
Minister promulgating the Regulation on Foreign Honorary Consuls in Vietnam.
Article 3.- The Minister for Foreign Affairs, the ministers,
the heads of ministerial-level agencies, the heads of the agencies attached to
the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decision.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Manh Cam
REGULATION
ON FOREIGN HONORARY CONSULS IN VIETNAM
(Promulgated together with Prime Minister’s
Decision No. 139/2000/QD-TTg of December 4, 2000)
Article
1.-
1. The Vietnamese Government accepts the
appointment of foreign honorary consuls to head General Consulate, Consulate,
Vice Consulate and Consulate Agent of foreign countries in Vietnam (hereafter
collectively referred to as "Consular Office"). The corresponding
heads of these agencies in the above order are General Honorary Consul,
Honorary Consul, Honorary Vice Consul and Honorary Consulate Agent (hereafter
collectively referred to as "Honorary Consul").
2. A foreign Honorary Consul in Vietnam is not a
State official, does not receive wages from the government of any country, is
appointed by the foreign country (hereafter referred to as "appointing
country") and is accepted by the Vietnamese Ministry for Foreign Affairs
(hereafter referred to as "Foreign Ministry") to perform the consular
functions while being eligible to conduct professional or profit-making
commercial operations in Vietnam.
Article 2.- The establishment of a Consular Office and the
appointment of a Honorary Consul shall proceed as follows :
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2. After the acceptance in principle, the
appointing country shall send a note proposing the Foreign Ministry to accept
the appointment of the Honorary Consul attached to the resume of the appointee,
the proposed location of the consular office and the consular functions. When
necessary, the Foreign Ministry may ask the appointing country to supplement
other relevant information.
3. After consulting the concerned agencies, the
Foreign Ministry shall decide to accept the appointee as Honorary Consul of the
foreign country in Vietnam.
4. The person accepted as Honorary Consul shall
be granted a consul acceptance certificate by the Foreign Ministry free of
charge. The consul acceptance certificate may be withdrawn at any time without
justifying the reason.
5. The Consular Office and the Honorary Consul
are allowed to operate only after the Honorary Consul is granted the consul
acceptance certificate.
Article 3.- The consular area of a consular office shall not
go beyond the administrative territorial boundary of a province or a
centrally-run city and shall include at least a district, a provincial capital
or a district in a province or a centrally-run city.
Article 4.-
1. The Honorary Consul must bear the nationality
of the appointing country or the Vietnamese nationality.
2. In case the appointing country wishes to appoint
a dual nationality or multiple nationality person as Honorary Consul, it must
have the consent of the Foreign Ministry. This consent may be revoked at any
time without justifying the reason.
Article 5.- The person proposed to be accepted as Honorary Consul
must have his/her residence or working place in the consular area of the
consular office headed by himself/herself, must reside or work for at least one
year in the consular area, have a clear judicial record, is financially capable
and must not be the Honorary Consul of another foreign country in Vietnam.
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1. In case a Honorary Consul cannot perform
his/her function, the appointing country may propose the Foreign Ministry to
accept a provisional substitute for such Honorary Consul, and at the same time
justify the reason and the time of substitution as well as the consular
function that this person shall perform attached to his/her resume.
2. After consulting the concerned agencies, the
Foreign Ministry shall consider the acceptance of the provisional substitute
for the Honorary Consul. This acceptance may be revoked at any time without
justifying the reason.
Article 7.- The Foreign Ministry shall guide the settlement
of the change of the office, expansion or narrowing of the consular area, the
replacement of the Honorary Consul, the termination of the operation of the
consular office and the Honorary Consul.
Article 8.-
1. The Honorary Consul is entitled to perform
the consular function authorized by the appointing country and accepted by the
Foreign Ministry.
2. The competent agencies of Vietnam shall
create favorable conditions for the consular office and the Honorary Consul to
perform their function in compliance with Vietnamese law, the international
treaties which Vietnam has signed or acceded to, or the agreement between
Vietnam and the appointing country.
Article 9.-
1. While performing his/her consular function,
the Honorary Consul has the right:
a/ To directly contact and work with the local
agencies of Vietnam within the consular area;
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2. If he/she intends to organize protocol
functions (parties, film projection...) to which Vietnamese citizens are
invited or which need assistance from the Vietnamese side, the Honorary Consul
shall have to notify seven days in advance the local external affairs agency or
an agency appointed by the People’s
Committee of the province or centrally-run city.
Article 10.- The file dossiers and documents of the consular
office are impregnable on condition that these dossiers and documents are kept
separately from the papers, documents and mail of a personal character or
related to the profession or commercial activities of the Honorary Consul and
the persons working together with the Honorary Consul.
Article 11.- The consular office may recruit labor in
service of consular affairs on the basis of compliance with relevant
regulations of Vietnamese law.
Article 12.-
1. The consular office may use ordinary
communications means such as mail, telex, telephone, fax... through the post
and telecommunications system of Vietnam.
2. Only in cases permitted by the Foreign Ministry
shall the consular office be allowed to use diplomatic courier, consular
courier, diplomatic bag, consular bag and coded message to liaise with the
diplomatic missions, consular offices or the government of the appointing
country.
Article 13.-
1. The consular office and the Honorary Consul
who are not citizens of Vietnam or foreigners residing in Vietnam, shall enjoy
the privileges and immunities according to the Ordinance of August 23, 1993 on
privileges and immunities reserved for diplomatic missions, consular offices
and representative offices of international organizations in Vietnam, the legal
documents guiding the implementation of this Ordinance and the international
treaties which Vietnam has signed or acceded to.
2. The Honorary Consul who is a Vietnamese
citizen or a foreigner residing in Vietnam or the provisional substitute for
the Honorary Consul, is entitled to inform the appointing country when he/she
is arrested, held in temporary custody or temporary detention or is prosecuted;
entitled not to supply evidences related to the consular function, and to
immunity from trial reserved for Honorary Consuls according to the Ordinance of
August 23, 1993 on privileges and immunities for diplomatic missions, consular
offices and representative offices of international organizations for their
official activities while performing their consular function.
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Article 14.- The Honorary Consul, the provisional substitute
for the Honorary Consul are obliged to respect the law and customs of Vietnam.
Article 15.- The Ministry for Foreign Affairs shall have to
guide the implementation of this Regulation.