Privileges provided for members of foreign embassy in Vietnam

Privileges and immunities are specified as follows:

1. Members of the mission shall enjoy freedom of movement and travel within Vietnamese territories except for areas the entry into which is prohibited and restricted by the regulations of the Vietnamese government.

2. The right to inviolability of the person, residence, and property

- The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The Vietnamese State will treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.

- The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.

- Papers, correspondence and property of a diplomatic agent shall enjoy inviolability.

3. The right to immunity from jurisdiction and execution of judgments

- A diplomatic agent shall enjoy immunities from the criminal jurisdiction of Vietnam and measures of execution. He shall also enjoy immunities from its civil jurisdiction and administrative sanctions, except in the case of:

+ A real action relating to private immovable property situated in Vietnamese territory in which he is involved as a private person;

+ An action relating to succession in which he is involved as a private person;

+ An action relating to any professional or commercial activity exercised by the diplomatic agent in Vietnam outside his official functions.

- A diplomatic agent is not obliged to give evidence as a witness. If he volunteers, the way to give evidence is up to him.

- The immunity from criminal, civil jurisdiction and administrative sanctions of diplomatic agents may be waived expressly by the sending State. The initiation of proceedings by these persons shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

4. A diplomatic agent shall be exempt from all dues and taxes, except:

- Indirect taxes;

- Dues and taxes on private immovable property situated in Vietnam's territory;

- Dues and taxes on succession or inheritance;

- Dues and taxes on private income having its source in Vietnam;

- Charges levied for specific services rendered;

- Registration, court or record fees, mortgage dues and stamp duty with respect to immovable property.

5. Diplomatic agents shall be exempt from all personal contributions for the purposes of public welfare, security or national defense of the Vietnamese State.

6. Imported articles of diplomatic mission and diplomatic agents shall be exempt from customs duties, taxes and related charges other than charges for storage, cartage and similar services, on:

- Articles for the official use of the mission;

- Articles for the personal use of a diplomatic agent including article intended for his establishment.

View more details at the Ordinance on the privileges and immunities relating to diplomatic missions, consular posts and representative offices of international organizations in Vietnam 1993, effective from September 07, 1993.

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