Can Vietnamese become Honorary Consuls for foreign consular offices in Vietnam?
Can Vietnamese people work as an Honorary Consul for a foreign country?
Pursuant to Article 6 of Decree 26/2022/ND-CP stipulates as follows:
“Article 6. Criteria for Honorary Consular Candidates
The person who is approved to be an Honorary Consul must meet the following conditions:
1. Having nationality of the sending country or of Vietnam. In case a person has a nationality of a third country or a person with dual or multiple nationalities, the consent of the Ministry of Foreign Affairs must be obtained according to the procedures specified in Clause 2, Article 5. This consent on nationality is valid. may be withdrawn at any time without giving a reason. In this case, the Ministry of Foreign Affairs shall send a note to the sending State.
2. Permanently residing in Vietnam or having resided and worked for at least 01 year in the consular area.
3. Not being a civil servant, public employee or employee receiving salary from the state budget of any country.
4. Arrange the office or place of residence in the consular area of the consular post of which the person is expected to head.
5. Have a clear criminal record.
6. Having financial ability and prestige in society.”
Accordingly, for an individual to be approved as an honorary consul, it is necessary to meet the conditions as prescribed above.
Thus, Vietnamese people can become Honorary Consuls for foreign countries.
Can Vietnamese become Honorary Consuls for foreign consular offices in VIetnam?
The application file for honorary consular approval includes what components?
Pursuant to Article 7 of Decree 26//2022/ND-CP stipulating as follows:
“Article 7. Application for Honorary Consular Approval
1. A note sent by the sending State to the Ministry of Foreign Affairs specifying the nomination of an individual as an Honorary Consul, the intended headquarters of the Honorary Consular post and the consular district, consular functions and the term of the Honorary Consul.
2. Resume with photo.
3. Copy of passport.
4. Judicial record issued by a competent Vietnamese agency within 12 months, up to the date of submitting the application for approval.”
Thus, in order to request the approval of an Honorary Consul in Vietnam, the sending country must submit an application according to the components mentioned in the above regulations.
In what cases will honorary consular activities terminate?
Pursuant to Article 8 of Decree 26//2022/ND-CP stipulating as follows:
“Article 8. Termination of Honorary Consular Operations
1. Honorary consulates terminate their operations in the following cases:
a) The term of his term of office has ended and the sending State fails to give notice of the extension of his honorary consular status.
b) Honorary consular officers are dead, missing, detained, sentenced to prison, restricted or have lost their civil act capacity.
c) The Honorary Consul wishes to retire from the Honorary Consul and has the consent of the sending State.
d) The Honorary Consul is revoked by the Ministry of Foreign Affairs. Withdrawal of an Honorary Consular Acceptance may be made by the Department of State at any time without specifying a reason.
d) The sending State sends a note notifying the honorary consular post of its termination.
2. Except for the cases mentioned in points a and d, paragraph 1 of this Article, the sending State shall officially notify the Ministry of Foreign Affairs of the termination of the operation of the Honorary Consular and Honorary Consular Offices. On this basis, the Minister of Foreign Affairs will issue a decision to terminate the operation of the Honorary Consular Service and/or Honorary Consulate.
3. In case of termination of operation as prescribed in this Article, the privileges and immunities and the right to enjoy privileges and immunities for the Honorary Consular and Honorary Consular Offices as prescribed in this Decree, The relevant legislation is also terminated.
4. Immediately after issuing a decision to terminate the operation of the Honorary Consulate and/or Honorary Consulate, the Ministry of Foreign Affairs shall notify the competent authorities in Vietnam of this according to the prescribed procedures. in Clause 4, Article 5.
Honorary Consular Officers are responsible for removing the headquarters sign, national flag and emblem of the sending State at the headquarters of the Honorary Consular Office, on vehicles, and returning the Honorary Consular Identity Card in accordance with the law. prescribed in Clause 6, Article 13 of this Decree.”
Thus, honorary consular services will be terminated when falling into one of the five cases specified in Clause 1, Article 8 of Decree 26/2022/ND-CP. When the honorary consular service is terminated, the privileges and immunities granted to honorary consular officers and honorary consular posts will also be terminated accordingly.
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