Rights and obligations of honorary consuls in Vietnam

Rights and obligations of honorary consuls in Vietnam (Internet image)

1. Who is honorary consul?

According to Clause 3 of Decree 26/2022/ND-CP, a foreign honorary consul in Vietnam (hereinafter referred to as “an honorary consul”) is a person who is authorized by a sending country to fulfill one or many consular functions of the sending country in certain consular districts in Vietnam and is approved in writing by the Ministry of Foreign Affairs.

2. Rights and obligations of honorary consuls in Vietnam

2.1. Rights of honorary consuls in Vietnam

Specifically, in Article 10 of Decree 26/2022/ND-CP, an honorary consul, while in the performance of his/her duty, has the right to:

- Directly contact and work with Vietnamese local authorities within his/her consular district.

- Work with Vietnamese central authorities via diplomatic mission of the sending country located in Vietnam (if any).

If the sending country does not have diplomatic mission located in Vietnam, the honorary consul can work with Vietnamese central authorities via the Ministry of Foreign Affairs of the sending country.

- Utilize means of communication such as mail, phone, telegraph, telex, or fax via Vietnamese post and telecommunication system.

- Employ employees to serve consular affairs on the basis of relevant Vietnamese law provisions.

- Raise flag and national emblem of the sending country at head office of honorary consulates and on vehicles of the honorary consul when these vehicles are utilized for official affairs and consular functions within his/her consular district.

- Benefit from favorable conditions created by Vietnamese authorities in order to perform his/her function in a manner that conforms to Vietnamese regulations and law, international agreement to which Vietnam is a signatory or agreement with the sending country on a principle of reciprocity.

- Receive visa to enter and reside in Vietnam if the honorary consul is a foreigner in a manner that conforms to regulations on entry, exit, and residence of foreigners in Vietnam.

- Have his/her honorary consul identity card issued, re-issued, and extended.

- Exercise other rights in accordance with Vietnamese laws.

2.2. Obligations of honorary consuls in Vietnam

According to Article 11 of Decree 26/2022/ND-CP, an honorary consul, while in the performance of his/her duty, has the obligation to:

- Respect Vietnamese laws and customs.

- Arrange head office of honorary consulates, facilities, and other instruments serving the performance of his/her consular functions and incur relevant costs.

- Inform local foreign affair authorities 7 days prior to organizing reception activities.

- Clearly distinguish head office of honorary consulates from his/her personal business locations.

- Use head office of honorary consulates only for purposes conforming to the performance of his/her consular functions.

- Secure information and data serving the performance of his/her consular functions and separate these information and data from his/her personal documents.

- Submit annual reports on task results to the Ministry of Foreign Affairs for cooperation. Deadline: before January 15 of the following year.

3. Eligibility of honorary consul candidate in Vietnam

According to Article 6 of Decree 26/2022/ND-CP, in order to be approved as an honorary consul, a person must:

- Have nationality of the sending country or Vietnam. The case of a person who has nationality of a third country or more than one nationality requires consent of the Ministry of Foreign Affairs in accordance with procedures under Clause 2 Article 5 of Decree 26/2022/ND-CP.

Said consent can be withdrawn at any time without reason. In this case, the Ministry of Foreign Affairs shall inform the sending country via a diplomatic note.

- Reside in Vietnam or has been residing, working for at least 1 year in a consular district.

- Is not a public official, official, public employee, or employee paid by the state budget of any country.

- Situate head office or residence within consular district of the consulate which the individual is expected to head.

- Have clear judicial record.

- Have financial capacity and social credibility.

Thanh Rin

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