Does the foreign honorary consular area in Vietnam have to be approved by the Ministry of Foreign Affairs? Are employees in the honorary consular area entitled to privileges and immunities?
When can a foreigner choose any area in Vietnam to be an honorary consular area?
Pursuant to Article 9 of Decree 26/2022/ND-CP stipulating as follows:
“Article 9. Consular areas of Honorary Consuls
1. The consular area of a foreign honorary consul in Vietnam is proposed by the sending State and must be approved by the Ministry of Foreign Affairs after being presented to the Vietnamese authorities.
The consular area is determined by the scope of administrative units according to the province or city directly under the central government of Vietnam in which the Honorary Consular officer is allowed to perform his consular functions.
After consulting the Ministry of Public Security, the Ministry of National Defense and competent agencies, the Ministry of Foreign Affairs decided to approve the consular area on the basis of the provisions of international law, the extent of consular relations in the country. region, the principle of reciprocity, the nature of relations and ensuring the requirements of foreign affairs, security and defense, social order and safety, economy, culture, education and notification to the sending State. . The consultation on the consular area shall be carried out concurrently with the exchange of opinions on the establishment of the honorary consular office specified in Article 4 of this Decree.
For consular areas that may affect national security, or for areas where the agencies have different opinions, the Ministry of Foreign Affairs will report to the Prime Minister for consideration and decision.
2. The consular area of an honorary consular post must not coincide with the consular area prescribed for a professional consular post in case the sending State has a professional consular post in Vietnam.
3. In case of necessity, the Honorary Consular Officer may perform his consular functions outside the consular area with the prior written consent and approval of the Ministry of Foreign Affairs.
4. In the event that the sending State requests a Note, the Ministry of Foreign Affairs may consider and decide on the exercise of consular functions outside the consular area; decide to change the consular area of the Honorary Consulate. The decision to allow the performance of functions outside the consular area, the decision to change the consular area, is based on factors of foreign relations, economy, the principle of equality and the need to perform consular functions. of the sending State in that area and in accordance with the procedures specified in Clauses 1 and 2 of this Article and Article 4 of this Decree.”
Accordingly, the selection of the honorary consular area is made according to the above provisions. When the nominating country proposes to select a certain area as the jurisdictional area in Vietnam, the Ministry of Foreign Affairs will discuss with the relevant authorities and then accept it. In case the consular area affects national defense and security, or for areas where the agencies have different opinions, the Ministry of Foreign Affairs will submit it to the Prime Minister for consideration and decision.
Does the foreign honorary consular area in Vietnam have to be approved by the Ministry of Foreign Affairs? Are employees in the honorary consular area entitled to privileges and immunities?
Regulations on changing the headquarters of the honorary consul?
Pursuant to Article 15 of Decree 26/2022/ND-CP stipulates as follows:
“Article 15. Changing the headquarters of the Honorary Consul
1. In the event of a proposed change in the office of the Honorary Consul, the sending State shall, through the Honorary Consul, notify the Ministry of Foreign Affairs of this change in writing.
2. On the basis of discussions with the competent authorities, the Ministry of Foreign Affairs shall consider and exchange written notices to the sending State of the change of the Honorary Consular office.”
Accordingly, the implementation of the change of the headquarters of the Honorary Consul is carried out in accordance with the above provisions.
Are employees working for honorary consuls entitled to privileges and immunities?
Pursuant to Article 14 of Decree 26/2022/ND-CP stipulating as follows:
“Article 14. Operational apparatus and office of the Honorary Consul
1. Honorary consular officers may hire employees to perform their consular functions; self-responsibility and self-payment of expenses related to hiring labor in accordance with the provisions of Vietnamese law.
These employees are not allowed to perform consular functions in the name of Honorary Consul and are not entitled to the privileges and immunities of the Honorary Consul.
2. Honorary consular officers must have an operational headquarters to perform their consular functions. The headquarters of the Honorary Consular Affairs is the headquarters of the Honorary Consular Authority.
Each Honorary Consulate has only one operational headquarters. While performing consular functions, the Honorary Consul must clearly identify the headquarters to perform the consular functions of the Honorary Consular and the headquarters of his/her personal business and commercial establishments.
Thus, employees working for the honorary consul will not enjoy the privileges and immunities of the honorary consul.
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