What is Honorary Consul? Eligibility of honorary consul candidate in Vietnam

What is Honorary Consul? Eligibility of honorary consul candidate in Vietnam (Internet image)

1. What is an Honorary Consul?

According to Clause 3, Article 2 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. 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 Said consent can be withdrawn at any time without reason.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.

3. Request for approval of honorary consul in Vietnam

Specifically, in Article 7 of Decree 26/2022/ND-CP, the application file for honorary consular approval includes:

- A diplomatic note sent by the sending country to the Ministry of Foreign Affairs which dictates the appointment of a person as the honorary consul, expected head office location of honorary consulate and consular district, consular functions, and term of recognition of honorary consul.

- Personal information sheet containing photo.

- Copy of passport.

- Judicial record issued by Vietnamese authorities in the last 12 months from the date of submitting the request.

4. Termination of honorary consuls in Vietnam

An honorary consul shall be terminated when:

- The term of recognition expires and the sending country does not notify the extension of honorary consul title of the individual.

- The honorary consul is deceased, missing, detained, imprisoned, or incapacitated.

- The honorary consul wishes to cease being an honorary consul and is approved by the sending country.

- Have his/her exequatur revoked by the Ministry of Foreign Affairs.

The revocation of an exequatur can be performed by the Ministry of Foreign Affairs at any time without reason.

- The sending country notifies the termination of the honorary consulate via a diplomatic note.

(Clause 1, Article 8 of Decree 26/2022/ND-CP)

5. Rules of carrying out consular functions in Vietnam

Rules of carrying out consular functions specified in Article 3 of Decree 26/2022/ND-CP, specifically as follows:

- Honorary consulates and honorary consuls are allowed to carry out consular functions only in specific consular districts in Vietnam after obtaining exequatur from the Ministry of Foreign Affairs on the basis of adherence to international and Vietnamese regulations and laws.

- Honorary consuls shall carry out some or all of consular functions mentioned under the 1963 Vienna Convention on Consular Relations under authorization of the sending countries and approval of Ministry of Foreign Affairs.

- Honorary consuls shall carry out consular functions for the sole purpose of promoting relationship between the sending country and Vietnam instead of personal goal or economic profit.

- Honorary consuls may simultaneously perform consular functions designated by the sending countries and conduct personal professional or commercial activities in Vietnam while adhering to international agreements to which the sending country and Vietnam are signatories.

- Honorary consulates and honorary consuls shall not be eligible for privilege and immunity applicable to honorary consuls when operating beyond the scope of consular functions or when carrying out personal businesses or commercial activities in Vietnamese territory; shall not use the title of honorary consul for personal professional or commercial activities or activities beyond the scope of consular functions.

Thanh Rin

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