Implementation of Consular Duties under the Amended Law on Overseas Vietnamese Representative Offices 2017

Law on the Amendments to the Law on Vietnamese Representative Offices Abroad 2017 was promulgated on November 21, 2017. One of the prominent contents of this Law is the amendment and supplementation of regulations on the performance of consular duties previously stipulated in the Law on Vietnamese Representative Offices Abroad 2009.

To be specific, according to Clause 1, Article 1 of the Law on Representative Offices of the Socialist Republic of Vietnam Abroad (Amendment 2017), amending and supplementing Article 8 Law on Vietnam's Representative Offices Abroad 2009, the regulations on the implementation of consular duties are as follows:

  1. Consular protection of the interests of the State, legal rights and interests of Vietnamese citizens and legal entities, and the execution of consular duties outlined in this Article, based on compliance with Vietnamese law, the law of the receiving country, and international treaties to which the Socialist Republic of Vietnam and the receiving country are members, consistent with international law and practices.

  2. Conduct consular visits and engage with Vietnamese citizens in cases where they are arrested, detained, being held in custody, on trial, or serving a prison sentence in the receiving country.

  3. In cases where Vietnamese citizens and legal entities cannot protect their legal rights and interests according to the laws and practices of the receiving country, the representative office may temporarily represent or arrange for a representative for them in court or before the competent authorities of the receiving country until someone else represents them or they can protect their own rights and interests.

  4. Issue, renew, amend, supplement, and revoke passports, laissez-passer documents, and other documents for exit and entry into Vietnam, in accordance with legal regulations.

  5. Issue, supplement, and revoke visas; issue, withdraw, and revoke visa exemption certificates of Vietnam in accordance with legal regulations.

  6. Execute duties related to civil status and adoption in compliance with Vietnamese laws and not in violation of the laws of the receiving country or international treaties to which the Socialist Republic of Vietnam and the receiving country are members.

  7. Perform notarization and authentication tasks in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam and the receiving country are members; receive, safeguard documents, files, and valuable items of Vietnamese citizens and legal entities upon request in compliance with Vietnamese law and not contrary to the laws of the receiving country.

  8. Legalize foreign documents and certify Vietnamese documents in accordance with legal provisions.

  9. Coordinate with the authorities or competent individuals of the receiving country to complete procedures to assist Vietnamese citizens and legal entities in resolving issues related to inheritance of assets or receiving inheritable assets beneficial to the state of Vietnam.

  10. Execute tasks related to nationality in accordance with legal provisions.

  11. Register citizens possessing Vietnamese nationality residing in the receiving country in accordance with Vietnamese laws, international laws, and practices.

  12. Execute judicial mandates in compliance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

  13. Assist Vietnamese sea vessels, aircraft bearing Vietnamese nationality, and other means of transportation registered in Vietnam to ensure that these vessels, aircraft, and means of transportation enjoy full rights and interests in the receiving country in accordance with the laws of the receiving country, consistent with international treaties to which the Socialist Republic of Vietnam and the receiving country are members, and international laws and practices.

  14. Coordinate and execute tasks related to epidemic prevention, and animal and plant quarantine in accordance with Vietnamese laws, the laws of the receiving country, international treaties to which the Socialist Republic of Vietnam and the receiving country are members, consistent with international laws and practices.

  15. Execute other consular duties as stipulated by Vietnamese law and not contrary to the laws of the receiving country or international treaties to which the Socialist Republic of Vietnam and the receiving country are members.

For more information, see the Law on Representative Offices of the Socialist Republic of Vietnam Abroad (Amendment 2017), effective July 1, 2018.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem



  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;