Privileges and immunities provided for members of consular posts in Vietnam

Specifically, according to Article 43 of the Ordinance on the privileges and immunities relating to diplomatic missions, consular posts and representative offices of international organizations in Vietnam 1993, privileges and immunities provided for members of consular posts in Vietnam are specified as follows:

- Vietnamese State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their persons, freedom and dignity.

- Consular officers shall enjoy personal inviolability except:

+ In the case of a grave crime and shall be liable to arrest or detention pending trial pursuant to a decision by the competent judicial authority.

+ In the execution of a judicial decision of final effect on the form of imprisonment or of restriction on personal freedom.

- If criminal proceedings are instituted against a consular officer, he must appear before Vietnamese competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and in a manner which will hamper the exercise of consular functions as little as possible. In case the arrest or detention is applied to a consular officer, the proceedings against him shall be instituted with the minimum of delay.

- In the event of the arrest or detention, pending trial, of a member of the consular staff, or of criminal proceedings being instituted against him, the Vietnamese competent State authorities shall notify the head of the consular post. Should the latter be himself the object of any such measure, the Vietnamese Foreign Ministry shall notify the sending State through the diplomatic channel.

- Consular officers and consular employees shall enjoy immunity from criminal jurisdiction when they are in the exercise of the consular functions except in case of grave crime. They shall also enjoy immunity from civil and administrative jurisdiction except in case of a civil action concerning:

+ A contract concluded by a consular officer or a consular employee in which he did not contract expressly or impliedly as an agent of the sending State.

+ A traffic accident in which the third party claims for damage.

- Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings but they are under no obligation to give evidence concerning matters connected with the exercise of their functions.

- If a consular officer should decline to give evidence, no coercive measure or penalty may be applied to him.

- The consular employees and the members of the service staff shall not decline to give evidence when requested by Vietnamese competent authorities.

- Consular officers and consular employees and members of their families forming part of their households who are not Vietnamese citizens or not resident in Vietnam shall be exempt from all dues and taxes, except:

+ Indirect taxes;

+ Dues or taxes on private immovable property situated in Vietnam's territory;

+ Estate succession or inheritance duties, and duties on transfers;

+ Dues and taxes on private income including capital gains having its source in Vietnam and capital taxes relating to investments made in commercial or financial undertaking in Vietnam;

+ Charges levied for specific services rendered;

+ Registration, court or record fees, mortgage dues and stamp duties relating to immovable property except the provision of Article 22 of this Ordinance;

- Members of the service staff who are not Vietnamese citizens or not resident in Vietnam shall be exempt from dues and taxes on the wages which they receive for their services.

View more provisions on privileges and immunities provided for members of consular posts in Vietnam at: The Ordinance on the privileges and immunities relating to diplomatic missions, consular posts and representative offices of international organizations in Vietnam 1993 takes effect from September 07, 1993.

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