Quyết định 139/2000/QD-TTg

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.

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 :

1. The appointing country shall send a note proposing the Foreign Ministry to accept in principle the establishment of the consular office, in which it shall point to the need of the establishment of the consular office, the proposed consular area and the name of the consular office. The Foreign Ministry shall consider and accept in principle the establishment of the consular office.

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.

Article 6.-

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;

b/ Through the diplomatic mission of the appointing country in Vietnam (if any) to contact and work with the central agencies of Vietnam. In case the appointing country does not have its diplomatic mission in Vietnam, the Honorary Consul may make the contact through the Foreign Ministry.

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.

3. Family members of the Honorary Consul, the provisional substitute for the Honorary Consul, and the staff members of the consular office are not entitled to the privileges and immunities.

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.