What is an Embassy? What is a Consulate? What are difference between an embassy and a consulate of Vietnam?
What is an Embassy? What is a Consulate?
Under Article 2 of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009, the rules are as follows:
Representative Office
1. Representative offices perform the official representation of the State of Vietnam in relations with the receiving country, territory, and international organizations and centrally manage foreign affairs activities in accordance with Article 12 of this Law.
2. Representative offices include diplomatic missions, consular offices, and offices at international organizations.
3. Representative offices enjoy full privileges and immunities in accordance with international law.
Simultaneously, based on Clause 1, Article 4 of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009 and Clause 2, Article 4 of the same law, the rules are as follows:
1. Diplomatic representative offices are Embassies.
2. Consular representative offices are Consulate Generals and Consulates.
Further, under Clause 2, Article 12 of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009, the following rules are provided:
Assignment of functions and duties among representative offices
...
2. Diplomatic representative offices are the highest representative offices of the State of Vietnam in the receiving country.
According to the above regulation, the Embassy and the Consulate are defined as follows:
- The Embassy is a diplomatic representative office and the highest representative office of the State of Vietnam in the receiving country.
- The Consulate is a consular representative office.
What is an Embassy? What is a Consulate? What are difference between an embassy and a consulate of Vietnam? (Image from the Internet)
What are difference between an embassy and a consulate of Vietnam?
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Criteria |
Embassy |
Consulate |
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Definition |
Diplomatic representative office and the highest representative office of the State of Vietnam in the receiving country (Clause 1 Article 4 of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009) |
Consular representative office (Clause 2 Article 4 of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009) |
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Location |
Located in the capital of the country where the Embassy is established
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Located in major cities of the country where the Consulate General or Consulate is established
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Position within the representative office
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Headed by an Extraordinary and Plenipotentiary Ambassador or Chargé d’affaires ad interim in the absence of an Ambassador (Clause 1 Article 19 of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009). |
Head of the Consulate is the Consul (Clause 2 Article 19 of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009).
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Functions and duties |
Diplomatic representative offices may perform representation functions in one or more countries or international organizations and may perform diplomatic and consular functions assigned by another country. |
Consular representative offices perform consular functions and duties within the consular district and may perform these functions and duties outside the consular district under agreements between the Socialist Republic of Vietnam and the receiving country. |
What are the tasks and powers of representative offices in performing consular duties?
Based on the rules of Article 8 of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009 (amended by Article 1 of the Amended Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2017), the tasks and powers of representative offices in performing consular duties are as follows:
- Consular protection for the interests of the State, the rights, and legitimate interests of Vietnamese citizens and legal entities, and performing consular duties regulated by this Article based on compliance with Vietnamese laws, laws of the receiving country, and international treaties to which the Socialist Republic of Vietnam and the receiving country are members, in accordance with international laws and practices.
- Conduct consular visits and contact with Vietnamese citizens in case they are detained, arrested, tried, or serving prison sentences in the receiving country.
- In cases where Vietnamese citizens or legal entities cannot protect their legitimate rights and interests according to the laws and practices of the receiving country, the representative office can temporarily represent or arrange for representation for them in the court or competent authorities of the receiving country until someone else represents them or they can protect their own rights and interests.
- Issue, extend, modify, supplement, and cancel passports, laissez-passers, and other documents with exit and entry value to Vietnam in accordance with the law.
- Issue, supplement, and cancel visas; issue, retract, and cancel visa exemption certificates of Vietnam in accordance with the law.
- Perform civil registry tasks, related to adoption following Vietnamese laws and not conflicting with the laws of the receiving country or international treaties to which the Socialist Republic of Vietnam and the receiving country are members.
- Perform notarial and certification tasks according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam and the receiving country are members; receive and preserve documents, materials, and valuable items of Vietnamese citizens and legal entities upon request in accordance with Vietnamese laws and not conflicting with laws of the receiving country.
- Legalize foreign documents and authenticate Vietnamese documents in accordance with the law.
- Coordinate with the authorities or persons in the receiving country to complete procedures to help Vietnamese citizens and legal entities resolve issues related to inheritance or reclaiming inherited property beneficial to the State of Vietnam.
- Perform tasks related to citizenship according to the law.
- Register Vietnamese nationals residing in the receiving country in accordance with Vietnamese laws, international laws, and practices.
- Perform judicial entrustment according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.
- Assist Vietnamese ships, aircraft, and other means of transport registered in Vietnam to ensure these transport means fully enjoy rights and interests in the receiving country according to the laws of the receiving country, in accordance with international treaties to which the Socialist Republic of Vietnam and the receiving country are members, in line with international laws and practices.
- Coordinate tasks related to epidemic prevention, animal and plant quarantine according to Vietnamese laws, laws of the receiving country, international treaties to which the Socialist Republic of Vietnam and the receiving country are members, in line with international laws and practices.
- Perform other consular tasks according to Vietnamese laws and not conflicting with the laws of the receiving country or international treaties to which the Socialist Republic of Vietnam and the receiving country are members.
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