What are regulations on privilege and immunity for honorary consuls in Vietnam?

What are regulations on privilege and immunity for honorary consuls in Vietnam?

Pursuant to Article 16 of the Decree 26/2022/ND-CP (takes effect from 01/06/2022) stipulating privilege and immunity for honorary consuls in Vietnam 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.

In Vietnam, which cases shall consular functions be suspended?

Pursuant to Article 17 of the Decree 26/2022/ND-CP (takes effect from 01/06/2022) stipulating suspension of consular functions in Vietnam as follows:

1. If an honorary consul exits and remains absent from Vietnam for more than 30 consecutive days, he/she must inform the Ministry of Foreign Affairs about his/her absence and inability to perform consular functions. The honorary consul may authorize a person to receive necessary information sent from the Ministry of Foreign Affairs and Vietnamese competent authorities if necessary. The authorization shall not last longer than 90 days. The Ministry of Foreign Affairs has the right to reject the aforementioned authorization without reason.

A person authorized by an honorary consul is not allowed to perform consular functions or benefit from honorary consul privilege or immunity.

2. If an honorary consul is temporarily unable to perform consular functions, the sending country can inform and request the Ministry of Foreign Affairs via a diplomatic note to approve a temporary substitute for honorary consul. The sending country must then state the reason, duration of substitution, and personal background of the person temporarily replacing the honorary consul.

The Ministry of Foreign Affairs shall consider and approve the temporary substitute for honorary consul in writing within 10 days from the date on which the sending country sends the diplomatic note. The approval can be withdrawn at any moment without reason.

The temporary substitute for honorary consul is not allowed to carry out consular functions and is not eligible for privilege or immunity of honorary consul.

3. If, under any circumstances, the Ministry of Foreign Affairs is unable to contact the honorary consul by all means possible in order to request the performance of consular functions, the Ministry of Foreign Affairs shall request the sending country to appoint a substitute honorary consul. The approval of the newly appointed honorary consul shall conform to this Decree.

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