Are employees that hired by consuls eligible for privilege, immunity of honorary consuls in Vietnam?
Are employees that hired by consuls eligible for privilege, immunity of honorary consuls in Vietnam? What are privilege and immunity for honorary consuls in Vietnam?
Hi, I have a problem that needs to be answered. Recently, someone offered to hire me to perform their consular function. I see they offer very good benefits in the contract, but I have a question, will I be eligible for privilege, immunity of honorary consuls when I am hired? Looking forward to your advise about this problem, thank you.
Are employees that hired by consuls eligible for privilege, immunity of honorary consuls in Vietnam?
According to Clause 1, Article 14 of Decree 26/2022/ND-CP, organizational structure and head office of honorary consuls are as follows:
1. Honorary consuls may hire employees to serve the performance of their consular functions; shall assume responsibilities and incur costs relating to employment in accordance with Vietnamese regulations and law.
These employees are not eligible for performing consular functions under the guise of honorary consuls and privilege, immunity of honorary consuls.
Thus, the employees hired by the Honorary consuls are not eligible for privilege, immunity of honorary consuls in Vietnam. In your case, you feel that the benefits in the contract that the Consul offers are reasonable, then sign it and you feel that the benefits must be accompanied by the privileges and immunities of the Honorary consuls then contract is not signed.
What are privilege and immunity for honorary consuls in Vietnam?
In Article 16 of Decree 26/2022/ND-CP, the privilege and immunity for honorary consuls are as follows:
1. An honorary consul shall benefit from privilege and immunity in accordance with the Ordinance on privilege and immunity for diplomatic representative missions, consular missions, and representative missions of international organizations in Vietnam in 1993 and international agreements to which Vietnam and the sending country are signatories.
2. An honorary consul must not utilize diplomatic couriers, consular couriers, diplomatic bag, consular bag, or telegraph code to contact diplomatic representative missions or consular missions of the sending country or Government of the sending country unless otherwise permitted by the Government of the Socialist Republic of Vietnam.
3. An honorary consul has the right to inform his/her sending country upon being arrested, suspended, detained, or prosecuted; the right to withheld evidence relating to his/her consular functions and immunity for his/her official actions taken in the performance of consular functions.
4. Family members of an honorary consul are not eligible for privilege or immunity.
Best Regards!
