Are honorary consular officers in Vietnam entitled to the same privileges and immunities as diplomatic officers?
Are honorary consular officers in Vietnam entitled to the same privileges and immunities as other diplomatic officers?
Pursuant to Article 16 of Decree 26/2022/ND-CP stipulates as follows:
“Article 16. Privileges and Immunities for Honorary Consuls
1. Honorary consular officers are entitled to privileges and immunities as prescribed in the Ordinance on Privileges and Immunities for diplomatic missions, consular offices and representative offices of international organizations. in Vietnam in 1993 and international treaties to which Vietnam and the sending State are parties.
2. Honorary consular officers may not use diplomatic couriers, consular couriers, diplomatic bags, consular bags, and cryptgraphic codes to contact the diplomatic missions and consular offices of their respective countries. The sending State or with the Government of the sending State, except in special cases after obtaining the permission of the Government of the Socialist Republic of Vietnam.
3. Honorary consular officers shall enjoy the right to notify the sending State of arrest, detention, detention or prosecution; the right not to have to give evidence in connection with consular functions and immunity from trial in respect of official actions in the exercise of its consular functions.
4. Family members of the Honorary Consul are not entitled to privileges and immunities.”
Thus, the honorary consul in Vietnam will have the privileges and immunities according to the above provisions. Family members of honorary consuls will not enjoy privileges and immunities.
Are honorary consular officers in Vietnam entitled to the same privileges and immunities as diplomatic officers?
Rights and obligations of honorary consul in Vietnam?
Pursuant to Article 10 of Decree 26/2022/ND-CP stipulating the rights of honorary consuls as follows:
“Article 10. Rights of Honorary Consuls
While performing consular functions, Honorary Consuls have the following rights:
1. Directly contact and work with local Vietnamese agencies in their consular areas.
2. Through the sending State's diplomatic missions in Vietnam (if any) to contact and work with the central agencies of Vietnam. In case there is no diplomatic mission in Vietnam, the Honorary Consul may contact the Ministry of Foreign Affairs of the sending country.
3. Using means of communication such as mail, telephone, telegram, telex, fax through Vietnam's post and telecommunications system.
4. Recruiting employees to serve consular work on the basis of compliance with relevant provisions of Vietnamese law.
5. To display the national flag and coat of arms of the sending State at the premises of the Honorary Consular Post and on the means of transport of the Honorary Consul, when these means are used for the official business to be carried out. consular functions in its consular district.
6. To be facilitated by a competent Vietnamese agency to perform its functions, in accordance with the provisions of Vietnamese law and international treaties to which Vietnam is a contracting party; or by agreement with the sending State on the basis of the principle of reciprocity.
7. Honorary consular is a foreigner who is granted a visa to enter and reside in Vietnam in accordance with the provisions of the law on entry, exit and residence of foreigners in Vietnam.
8. Issuance, re-issuance and extension of Honorary Consular Identity Card.
9. Other rights in accordance with Vietnamese law. "
Pursuant to Article 11 of Decree 26/2022/ND-CP stipulates as follows:
“Article 11. Obligations of Honorary Consuls
While performing consular functions, Honorary Consuls have the following obligations:
1. Respect the laws and customs of Vietnam.
2. Arrange the working office of the honorary consular office, facilities and other facilities to serve the performance of its honorary consular function and bear the related expenses.
3. Notify local foreign affairs agency 07 days before organizing reception activities.
4. To clearly delineate the working office of the honorary consular office from the office serving the individual's commercial business.
5. Do not use the headquarters of the Honorary Consular Office for purposes inconsistent with the exercise of its consular functions.
6. Keep confidential information and documents serving the performance of their consular functions and separate and avoid mixing these information and documents with documents serving their personal work.
7. Annually send information to the Ministry of Foreign Affairs on the results of the work performed during the year to serve the work coordination. The information period is before January 15 of the following year.”
Accordingly, the honorary consul in Vietnam will have the rights and obligations specified above.
In what cases will the honorary consular function be temporarily suspended in Vietnam?
According to Article 17 of Decree 26/2022/ND-CP stipulating as follows:
“Article 17. Suspension of consular functions
1. In case of leaving and being absent from Vietnam for more than 30 consecutive days, the Honorary Consul must notify the Ministry of Foreign Affairs of his absence and inability to perform his/her functions. The Honorary Consul may authorize an individual to receive necessary information from the Ministry of Foreign Affairs and competent authorities of Vietnam in case of necessity. This authorization does not exceed 90 days. The Ministry of Foreign Affairs reserves the right to notify the refusal of this authorization without giving reasons.
The person authorized by the Honorary Consul may not exercise consular functions and shall not enjoy the privileges and immunities of the Honorary Consul.
2. In the event that the Honorary Consul is unable to perform his functions within a certain period of time, the sending State may notify in writing and request the Ministry of Foreign Affairs to approve a temporary replacement of the Honorary Consul. attend. At the same time, the sending State shall state the reason, the replacement period and the person's curriculum vitae.
The Ministry of Foreign Affairs shall consider approving in writing a temporary replacement of the Honorary Consul within 10 days from the date of notification by the sending State. Consent may be withdrawn at any time without specifying a reason.
The temporary replacement of the Honorary Consul may not exercise consular functions and shall not enjoy the privileges and immunities of the Honorary Consul.
3. In any event if the Ministry of Foreign Affairs has taken measures but cannot contact the Honorary Consul to request the exercise of consular functions, the Ministry of Foreign Affairs shall notify the sending State and request requesting the sending State to appoint a replacement Honorary Consul. The approval of the new Honorary Consul shall comply with the provisions of this Decree.”
Thus, the honorary consular function will be temporarily suspended in one of the above cases.
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