Functions of honorary consul under Vietnamese law

Functions of honorary consul under Vietnamese law (Internet image)

Regarding this issue, LawNet would like to answer as follows:

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. Functions of honorary consul under Vietnamese law

The functions of honorary consuls include those specified in Articles 8 to 13 of Circular 01/2020/TT-BNG, specifically as follows:

2.1. 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. 

2.2. 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. 

2.3. 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. 

2.4. Functions related to inheritance 

- In case inheritance is left for Vietnamese nationals in consul33r 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. 

2.5. 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 this Article 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. 

2.6. 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. 

3. Principles of implementing consular functions in Vietnam

Specifically, Article 7 of Circular 01/2020/TT-BNG stipulates the principles of implementing consular functions  as follows:

(i) An honorary consul shall execute some or every consular functions specified from Article 8 to Article 13 of Circular 01/2020/TT-BNG according to assignment of Minister of Foreign Affairs without infringing regulations and law or practices of host country. 

If necessary, Minister of Foreign Affairs may assign the honorary consul to execute other consular tasks specified in Article 8 of Law on Overseas Representative Missions of Socialist Republic of Vietnam 2009 on the basis of complying with regulations and law of Vietnam, regulations and law of the host country and international agreements to which Vietnam and the host country are signatories satisfactory to international practices and laws. 

(ii)  An honorary consul shall not authorize other persons to execute consular functions specified under (i), unless permitted by Minister of Foreign Affairs.  

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