Approving the establishment of the honorary consulates and the order and procedures in Vietnam

Approving the establishment of the honorary consulates and the order and procedures in Vietnam

Pursuant to Article 4 of Decree 26/2022/ND-CP (Effective from June 1, 2022), the approval of the establishment of the Honorary Consular Office is stipulated as follows:

1. A sending country shall send a diplomatic note directly to the Ministry of Foreign Affairs to request approval for the establishment of a foreign honorary consulate in Vietnam. The diplomatic note must specify the need for establishment of the foreign honorary consulate in Vietnam and the title thereof.

2. Within 10 days from the date on which the Ministry of Foreign Affairs receives the diplomatic note, the Ministry of Foreign Affairs shall consult Ministry of Public Security, Ministry of National Defense, and relevant authorities regarding policies on permitting establishment of foreign honorary consulates in Vietnam. Consulted authorities shall send their remarks to the Ministry of Foreign Affairs within 15 days from the date on which they receive written request of the Ministry of Foreign Affairs.

3. Within 30 days after receiving remarks of Ministry of Public Security, Ministry of National Defense, and relevant authorities, the Ministry of Foreign Affairs shall decide to establish an honorary consulate on the basis of regulations and law, consular relations, nature of the relations, assurance of national defense and security, social order, and adherence to the law and international practice.

In case the consulted authorities have varying remarks in the matter or the establishment of the honorary consulate requires consideration in terms of national defense and security, the Ministry of Foreign Affairs shall report to the Prime Minister.

4. The Ministry of Foreign Affairs shall inform the sending country about whether the establishment of the foreign honorary consulate in Vietnam is approved or not.

Order and procedures for approval of honorary consulates in Vietnam

Pursuant to Article 5 of this Decree, the order and procedures for approval of honorary consuls are prescribed as follows:

1. After obtaining approval of the Ministry of Foreign Affairs for the establishment of a foreign honorary consulate in Vietnam, the sending country shall send a diplomatic note together with documents under Article 7, expected location of head office of the honorary consulate, and consular functions appointed by the sending country to the Ministry of Foreign Affairs to request for approval of honorary consul candidate.

If necessary, the Ministry of Foreign Affairs may request the sending country to provide additional relevant information.

2. Within 10 working days after receiving the diplomatic note and adequate documents, the Ministry of Foreign Affairs shall consul Ministry of Public Security, Ministry of National Defense, and relevant authorities regarding the approval of honorary consul in order to ensure diplomatic, national defense and security, social order and safety, economic, culture, and education requirements. Consulted authorities shall send their remarks to the Ministry of Foreign Affairs within 15 days from the date on which they receive written request of the Ministry of Foreign Affairs.

Within 30 days after receiving written remarks of the aforementioned authorities, the Ministry of Foreign Affairs shall decide whether or not the candidate is approved to hold honorary consul title.

3. After approving the candidate for honorary consul, the Ministry of Foreign Affairs shall inform the sending country in writing and request the sending country to submit a copy of the consular commission in order to allow the Ministry of Foreign Affairs to issue an exequatur. The parties shall discuss and agree on the sending and receiving dates of the consular commission and the exequatur.

4. After receiving the consular commission and within 5 days after sending the exequatur, the Ministry of Foreign Affairs shall inform Vietnamese authorities about the honorary consul of the sending country who has been recently approved in Vietnam in terms of personal information of the honorary consul, consular district, consular functions, and term of recognition.

5. The sending country may send a diplomatic note to the Ministry of Foreign Affairs to discuss the establishment of foreign honorary consulate in Vietnam and the approval of candidate for honorary consul (after attaching personal background of the honorary consul). In this case, attachments must conform to Clause 1 Article 4 and Clause 1 Article 5 hereof.

6. If a sending country has been approved to establish an honorary consulate in Vietnam and authorizes a new honorary consul, they are not required to discuss the authorization of a new honorary consul with the Ministry of Foreign Affairs as specified under Article 4 hereof.

Best Regards!