Do diplomatic officials enjoy immunity from criminal trials in Vietnam?

Do diplomatic officials enjoy immunity from criminal trials in Vietnam?

Article 31 of the United Nations Convention on Diplomatic Relations stipulates as follows:

1. Diplomatic officers shall enjoy immunity from criminal trial by the receiving State. They also enjoy immunity from civil and administrative proceedings, except in the following cases:

a) A property action relating to private real estate located in the territory of the receiving State, if the diplomatic agent owns the real estate not on behalf of the sending State for the purposes of the mission represent.

b) A proceeding relating to inheritance in which a diplomatic agent is named as executor, guardian, heir or legatee in his personal capacity and not on behalf of the sending State. 

c) A proceeding relating to any professional or commercial activity carried on by a diplomatic agent in the receiving State outside the scope of his official functions.

2. Diplomats are not required to testify.

3. There must not be any handling measures against diplomatic officials, except for the cases stated in Points a, b and c in Paragraph 1 of this Article and such handling should be carried out in such a way that does not infringe upon their inviolability to body or home.

4. The right of a diplomatic agent to be immune from jurisdiction under the laws of the receiving State does not exempt him from the laws of the sending State.

In addition, Point a, Section 1, Part 1 of Joint Circular 01-TTLN 1988 has the following provisions:

Violations of road traffic laws committed by foreigners or foreign road vehicles in Vietnam must be investigated and handled accurately and promptly, ensuring State interests and legitimate interests of citizens are damaged by violations.

1. Foreigners mentioned in this Circular are people with the nationality of another country or without nationality who are present in the territory of Vietnam, including the following subjects:

a. People with diplomatic status (with diplomatic passports) working at diplomatic missions, consulates, and other foreign representative agencies in Vietnam and their family members living together with them in Vietnam, those with diplomatic status of Party, Government, National Assembly, and State delegations visiting our country, other people with diplomatic status, including representatives of international organizations. Families and their family members living together in Vietnam and not having Vietnamese nationality are granted diplomatic privileges and immunities by our State.

These people enjoy physical inviolability and are exempt from criminal and civil trials and administrative handling of road traffic law violations committed by them. However, they must respect our State's laws, including road traffic laws, and must be responsible for material compensation for traffic accidents they cause.

According to this Article, because Vietnam is a member of the United Nations Convention of April 19, 1961 on diplomatic relations.

In these documents, there are regulations that diplomatic officials enjoy immunity from criminal proceedings in Vietnam, so if a car with a diplomatic license plate caused by a diplomatic official causes a fatal accident, this official will enjoy immunity from criminal trial in Vietnam.

Can a defendant who is a foreign official be paid to secure attendance under a summons in Vietnam?

According to Point c, Section 3, Part II, Joint Circular 01-TTLN 1988 has the following provisions:

c. The prosecution of the accused, custody, temporary detention and search shall only be carried out in cases of extreme necessity and only for lawbreakers who are not entitled to immunity from criminal trial. Foreign defendants may be placed money or valuable property to secure their presence under the summons.

When applying coercive measures or restricting the freedom of foreign citizens, the police offices and the people's procuracies of provinces and cities must report to their superiors so that they can notify the Ministry of Foreign Affairs for return. The Ministry of Foreign Affairs will report to their country.

Thus, the defendant who is a foreign official can still be paid to secure his presence under the summons of the competent investigative agency in Vietnam.

Can a diplomatic officer conduct a commercial activity in Vietnam for making personal profit? 

Pursuant to Article 42 of the United Nations Convention on Diplomatic Relations, there are provisions as follows:

Diplomats may not engage in any professional or commercial activity in the receiving State for the sole purpose of profit.

With this provision, diplomatic officers are not allowed to conduct in Vietnam a commercial activity for the purpose of making their own profit.

Best regards!