Tasks and powers of Honorary Consuls in Vietnam

Tasks and powers of Honorary Consuls in Vietnam (Internet image)

1. Who are honorary consuls?

According to Clause 8, Article 4 of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009, honorary consuls are non-professional consular officers who are not Vietnamese cadres, public employees and civil servants, including honorary consuls general and honorary consuls.

2. Tasks and powers of honorary consuls in Vietnam

Tasks and powers of honorary consuls according to Article 14 of Circular 01/2020/TT-BNG are as follows:

- Honorary consuls are tasked with protecting interests of Vietnamese Government, nationals and juridical persons in consular regions satisfactory to regulations and law of Vietnam, regulations and law of the host country, international agreements to which Vietnam and the host country are signatories and international practices and laws.   

- Honorary consuls shall promote and encourage economic, commercial, investment, cultural, education – training, science – technology and tourism relations between Vietnam and host countries. 

- Honorary consuls must provide reports on operation results of honorary consuls and orientations in the future on a yearly basis (each report shall be concluded each year on December 20 inclusively). These reports are submitted to Vietnamese diplomatic missions in host countries and Consular Department. 

When tenure of an honorary consul expires, the honorary consul is responsible for submitting final reports concluding his/her tenure to aforementioned agencies. 

- During execution of consular functions, honorary consuls must respect regulations and law and practices of Vietnam and host countries, arrange head offices and other necessary working equipment as specified under Clause 2 Article 20 of Circular 01/2020/TT-BNG and ensure classified consular documents as specified under Clause 1 Article 21 of Circular 01/2020/TT-BNG. 

After an honorary consul is dismissed, he/she is responsible for transferring the stamp, title stamp, name stamp, National flag, National emblem, signboard, honorary consul card and consular documents as specified in Point b Clause 4 Article 18, Clause 3 Article 19 and Clause 2 Article 21 of Circular 01/2020/TT-BNG. 

- During execution of consular functions, an honorary consul may contact and utilize communication devices as specified in Article 22 and Article 23 of Circular 01/2020/TT-BNG. 

- During execution of consular functions, an honorary consul shall be furnished with necessary information and documents by Ministry of Foreign Affairs and Vietnamese diplomatic mission in host country. 

3. Functions of Honorary Consuls in Vietnam

The functions of the Honorary Consul are specified from Article 8 to Article 13 of Circular 01/2020/TT-BNG as follows:

* Consular protection functions 

- Honorary consuls shall adopt all appropriate measures to provide consular protection for interests of the Government, legal rights and interests of Vietnamese nationals and juridical persons in consular regions satisfactory to regulations and law of Vietnam, regulations and law of the host country, international agreements to which Vietnam and the host country are signatories and international practices and laws.   

- Honorary consuls are obliged to provide all available information in case Vietnamese nationals are arrested, detained, impounded or serving prison sentences in consular regions for Vietnamese diplomatic missions in host countries or for Consular Department and execute relevant directions issued by these agencies. 

* Information provision functions 

- Honorary consuls shall provide reports on economic, commercial, investment, cultural, education - training, science - technology and tourism affairs in consular regions for Vietnamese diplomatic missions in host countries or Ministry of Foreign Affairs upon request. 

- Honorary consuls shall furnish Vietnamese nationals and juridical persons in consular regions with information relating to regulations and law and practices of host countries, especially regulations and law relating to entry, exit, residence, labor and study of foreigners and operations of foreign juridical persons in host countries. 

* National assistance and aid functions 

- Honorary consuls shall assist and aid cultural and social activities of Vietnamese nationals in consular regions. 

- Honorary consuls shall mobilize tangible support for Vietnamese nationals in consular regions who are having difficulties and/or hardships. 

- Honorary consuls shall receive and transfer documents on civil status and request relating to Vietnamese nationality of Vietnamese nationals living in consular regions for Vietnamese diplomatic missions in host countries or to Consular Department. 

* Functions related to inheritance 

- In case inheritance is left for Vietnamese nationals in consular regions who are not present in host countries or do not authorize other persons to represent their interests, honorary consuls shall promptly adopt necessary measures to protect interests of these individuals to whom the inheritance is left while inform Vietnamese diplomatic missions in host countries or to Consular Departments. 

- In case inheritance in consular regions is left for Vietnamese Government or juridical persons, honorary consuls are obliged to perform similar obligations. 

* Functions related to ships, aircrafts and other means of transport 

- Honorary consuls must provide all necessary assistance and interference to enable Vietnamese ships, aircrafts and other means of transport in consular regions to fully benefit from rights and interests in host countries according to regulations and law of host countries and satisfactory to international agreements to which Vietnam and the host countries are signatories and international practices and laws. 

- In case vehicles specified under Clause 1 of Article 12 of Circular 01/2020/TT-BNG meet with accidents, incidents or theft in consular regions, honorary consuls must immediately adopt possible measures to deal with the consequences and assist endangered individuals and vehicles while inform Vietnamese diplomatic missions in host countries or to Consular Department. 

In case accidents and/or incidents occur near consular regions and require emergency medical aid, honorary consuls must immediately inform Vietnamese diplomatic missions in host countries or Consular Department to enable these entities to request competent agencies of the host countries to protect endangered individuals and vehicles. 

* Functions related to disease prevention and plant, animal protection 

Honorary consuls must immediately inform Vietnamese diplomatic missions in host countries or Consular Department on any disease in consular regions harmful to human health, plants and domestic animals. 

Quoc Dat

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