5 things to know about Foreign Honorary Consulates in Vietnam

Rules of carrying out consular functions under Article 3 of Decree 26/2022/ND-CP are as follow:

- 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 of Vietnam 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.

2. Eligibility of honorary consul candidate

Article 6 of Decree 26/2022/ND-CP stipulates 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. Said consent can be withdrawn at any time without reason.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

Pursuant to Article 7 of Decree 26/2022, request for approval of honorary consul 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. Rights and obligations of Honorary Consuls

An honorary consul, while in the performance of his/her duty, has the right to:

- Directly contact and work with Vietnamese local authorities within his/her consular district.

- Work with Vietnamese central authorities via diplomatic mission of the sending country located in Vietnam (if any). If the sending country does not have diplomatic mission located in Vietnam, the honorary consul can work with Vietnamese central authorities via the Ministry of Foreign Affairs of the sending country.

- Utilize means of communication such as mail, phone, telegraph, telex, or fax via Vietnamese post and telecommunication system.

- Employ employees to serve consular affairs on the basis of relevant Vietnamese law provisions.

- Raise flag and national emblem of the sending country at head office of honorary consulates and on vehicles of the honorary consul when these vehicles are utilized for official affairs and consular functions within his/her consular district.

- Benefit from favorable conditions created by Vietnamese authorities in order to perform his/her function in a manner that conforms to Vietnamese regulations and law, international agreement to which Vietnam is a signatory or agreement with the sending country on a principle of reciprocity.

- Receive visa to enter and reside in Vietnam if the honorary consul is a foreigner in a manner that conforms to regulations on entry, exit, and residence of foreigners in Vietnam.

- Have his/her honorary consul identity card issued, re-issued, and extended.

- Exercise other rights in accordance with Vietnamese laws.

An honorary consul, while in the performance of his/her duty, has the obligation to:

- Respect Vietnamese laws and customs.

- Arrange head office of honorary consulates, facilities, and other instruments serving the performance of his/her consular functions and incur relevant costs.

- Inform local foreign affair authorities 7 days prior to organizing reception activities.

- Clearly distinguish head office of honorary consulates from his/her personal business locations.

- Use head office of honorary consulates only for purposes conforming to the performance of his/her consular functions.

- Secure information and data serving the performance of his/her consular functions and separate these information and data from his/her personal documents.

- Submit annual reports on task results to the Ministry of Foreign Affairs for cooperation. Deadline: before January 15 of the following year.

(According to Articles 10 and 11 of Decree 26/2022)

5. Consular district of honorary consul

Pursuant to Article 9 of Decree 26/2022: A consular district of a foreign honorary consul in Vietnam shall be proposed by the sending country and require approval of the Ministry of Foreign Affairs which is granted after consulting Vietnamese authorities.

Therefore, A consular district is identified as an area defined by the boundary of a province or central-affiliated city of Vietnam in which an honorary consul is allowed to exercise his/her consular functions.

 Consular district of an honorary consulate must not overlap the consular district of a professional consular mission of the same sending country.

If necessary, an honorary consul may exercise their consular functions beyond his/her consular district under the advance written consent and approval of the Ministry of Foreign Affairs.

See more at Decree 26/2022/ND-CP effective from June 1, 2022.

Bao Ngoc

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