Vietnam: What are the duties and powers of the Consular Department - Ministry of Foreign Affairs?

Vietnam: What are the duties and powers of the Consular Department - Ministry of Foreign Affairs? (Internet image) 

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

1. Position and functions of the Consular Department - Ministry of Foreign Affairs in Vietnam

The Consular Department is a foreign affairs unit under the Ministry of Foreign Affairs with the function of advising and synthesizing to assist the Minister of Foreign Affairs (hereinafter referred to as the Minister); carrying out specialized state management functions on consular work and migration activities of Vietnamese citizens abroad.

The Consular Department has seal with national emblem.

(Article 1 of Decision 1622/2008/QD-BNG)

2. What are the duties and powers of the Consular Department - Ministry of Foreign Affairs?

Duties and powers of the Consular Department - Ministry of Foreign Affairs, are specified in Article 2 of Decision 1622/2008/QD-BNG, including:

(1) Regarding developing legal documents in the fields in charge of the Department or as assigned by the Minister:

- Recommend to the Minister to submit to the Government and Prime Minister the development of legal documents under the promulgation authority of the National Assembly, the National Assembly Standing Committee, the President, the Government or the Prime Minister;

- Submit to the Minister for promulgation of legal documents under the Minister's authority;

- Chair or coordinate to provide comments on draft legal documents developed by ministries, branches, localities, and units under the Ministry of Foreign Affairs;

- Propose to the Minister measures and forms of dissemination, propaganda, guidance, implementation, and inspection of the implementation of legal documents developed by the Department;

- Compile and systematize legal documents related to consular work.

(2) Regarding developing guidelines, policies, programs, and plans:

- Recommend to the Minister to submit to the Government and Prime Minister strategies, planning, annual, five-year, and long-term plans, and national target programs, works, and projects related to the fields under the Department's scope of responsibility;

- Recommend to the Minister guidelines, policies, strategies, programs, plans, and measures for organizing consular work at home and abroad;

- Coordinate and give opinions with ministries, branches, localities, and units under the Ministry of Foreign Affairs on schemes and projects and draft documents related to guidelines and policies on consular work and migration activities of Vietnamese citizens abroad.

(3) Regarding signing, joining, and implementing international treaties and agreements:

- Preside over drafting, preparing content, and recommending the Minister submit to the Government and Prime Minister on negotiating, signing, and joining international treaties and international agreements with countries and territories on consular work and migration activities of Vietnamese citizens abroad;

- Preside over helping the Minister give comments to ministries, branches, and localities on draft international treaties and agreements related to consular work and migration activities of Vietnamese citizens abroad;

- Preside over the implementation of international consular cooperation and organize the implementation of international treaties, international agreements, and bilateral or multilateral cooperation plans with countries and territories on consular work and migration activities of Vietnamese citizens abroad.

(4) Regarding entry and exit of Vietnamese citizens and foreigners:

- Organize the receipt of documents and process work related to the issuance, extension, amendment, supplementation, and cancellation of diplomatic passports and official passports;

- Issuing visas and granting entry permits to Vietnam to foreigners falls under the authority of the Ministry of Foreign Affairs;

- Focal point to help the Minister coordinate with competent domestic and foreign agencies to resolve procedures for applying for flight permits for aircraft carrying high-ranking Vietnamese leaders abroad and granting flight permits for foreign aircraft entering the country. Vietnam;

- Focal point to help the Minister coordinate with relevant agencies to carry out procedures for foreign military ships to officially visit Vietnam according to the provisions of law;

- Handle other tasks related to exit and entry issues for Vietnamese citizens and Vietnamese people abroad according to the provisions of the law.

(5) Regarding consular protection:

- Assist the Minister in directing consular protection work for Vietnamese citizens and legal entities abroad;

- Guide and direct representative agencies of the Socialist Republic of Vietnam abroad (hereinafter referred to as Vietnamese representative agencies abroad or representative agencies) and coordinate with competent agencies in protecting the legitimate rights and interests of Vietnamese citizens exiting and residing abroad;

- Resolve Vietnamese ships, boats, fishermen, and crew members being arrested, detained, tried, imprisoned, or in distress abroad;

- Manage the organization and operations of the Fund for the Protection of Vietnamese Citizens and Legal Entities Abroad in accordance with the provisions of law.

(6) Regarding legalization, consular certification, notarization, authentication, and judicial entrustment:

- Organize the receipt of documents and handle work related to legalization and consular certification;

- Coordinate with competent authorities to verify the authenticity of documents at the request of Vietnamese representative agencies abroad and foreign representative agencies in Vietnam;

- Carry out entrustment and mutual legal assistance between Vietnam and foreign countries in accordance with the provisions of law and international treaties that Vietnam has signed or acceded to.

(7) Regarding the management of migration activities of Vietnamese citizens abroad:

- Recommend and develop measures to ensure that Vietnamese citizens abroad enjoy equal rights, in accordance with international law and international treaties of which Vietnam and the host country are both member countries;

- Preside, prepare content, and organize international cooperation on migration issues at regional and global migration forums in which Vietnam participates;

- Coordinate the management of legal migration, prevent illegal migration, and handle arising problems; Participate in mechanisms to prevent and combat human trafficking, including trafficking in women and children;

- Help the Minister preside over, coordinate, guide, and inspect ministries, branches, localities, and Vietnamese representative agencies abroad in work related to the migration activities of Vietnamese citizens abroad.

(8) Regarding work related to nationality and civil status issues:

- Preside over helping the Minister coordinate with relevant agencies to resolve issues related to applying for, relinquishing, returning to Vietnamese nationality, and recognizing Vietnamese nationality;

- Store and manage original civil status registration books of representative agencies; issue copies of civil status documents from original books according to the provisions of law;

- Resolve other tasks related to nationality and civil status according to the provisions of law.

(9) Regarding consular professional management and support for representative agencies, Ho Chi Minh City Department of Foreign Affairs (hereinafter referred to as Department of Foreign Affairs) and Foreign Affairs Agencies of provinces and centrally run cities (hereinafter referred to as Local Foreign Affairs):

- Direct, guide, supervise, and inspect representative agencies, Departments of Foreign Affairs, and local Foreign Affairs to perform consular operations; explain and support the resolution of consular issues that arise at the request of representative agencies, Departments of Foreign Affairs, and local Foreign Affairs;

- Update, notify, and explain to representative agencies, local Departments of Foreign Affairs, and Foreign Affairs the content of new legal documents or international treaties related to consular work;

- Provide consular white publications to serve the work of representative agencies and the Department of Foreign Affairs; receive and destroy damaged consular publications transferred by representative agencies;

- Monitor and evaluate consular work; check consular reports of representative agencies, Departments of Foreign Affairs, and local Foreign Affairs; handle and propose to the Minister to handle violations arising in the consular work of representative agencies and the Department of Foreign Affairs; Recommend the Minister to coordinate with the People's Committees of provinces and centrally run cities to handle violations arising in the consular work of local Foreign Affairs;

- Coordinate proposals and implement the establishment or termination of operations of consular offices and honorary consulates of Vietnam abroad; handle procedures for appointing heads of consular offices and honorary consulates of Vietnam abroad.

(10) Regarding management of foreign representative agencies and foreigners in Vietnam:

- Resolve consular issues related to foreign individuals and legal entities in Vietnam;

- Preside over helping the Minister handle issues arising in land and sea border areas involving foreign elements, foreigners who are in distress, die, or violate Vietnamese law;

- Resolve foreign ships, boats, fishermen, and crew members being arrested, detained, tried, imprisoned, or in distress in Vietnam; handle consular visits of foreign representative agencies in Vietnam for citizens of that country who are detained or are serving prison sentences;

- Verification at the request of foreign representative agencies in Vietnam for citizens of that country who are missing or have no information in Vietnam;

- Coordinate with relevant agencies to resolve disputes in civil transactions occurring in Vietnam involving foreign elements and issues of foreign assets in Vietnam;

- Coordinate with Foreign Affairs and local authorities to handle consular affairs related to foreign citizens and legal entities in the locality;

- Assist the Minister in managing the activities of foreign consulates in Vietnam, including honorary consulates, according to the provisions of Vietnamese law and international law; recommend that the Minister submit to the Government for approval to establish foreign consulates in Vietnam, including honorary consulates;

- Help the Minister manage the activities of the Representative Office of the International Organization for Migration, the United Nations High Commissioner for Refugees, and other international organizations in Vietnam as assigned by the Minister.

(11) Regarding research work:

- Preside over research and synthesis, and periodically or unexpectedly report to the Minister on consular work and migration activities of Vietnamese citizens abroad;

- Organize research and implement scientific projects according to the annual programs of the State and the Ministry of Foreign Affairs on issues in charge of the Department and general issues.

(12) Train and foster consular skills for officials of the Ministry of Foreign Affairs preparing to do consular work abroad and officials working in foreign affairs of ministries, branches, and local Foreign Affairs; Compile documents guiding consular operations.

(13) Regarding management of cadres and civil servants:

- Organize, manage and use the Department's officials and civil servants;

- Coordinate with functional units to recommend recruitment, develop plans for training, fostering, and staff planning for the Department;

- Consulting on adding personnel to the Department and mobilizing civil servants of the Department to take on other tasks;

- Recommend rewards and discipline for officials and civil servants of the Department.

(14) Organize the implementation of administrative reform contents according to the programs, plans, and assignments of the Minister.

(15) Implement regulations of the State and the Ministry of Foreign Affairs on administrative work, clerical work, archives, protection of State secrets, ensuring agency safety, and labor discipline; protect and use documents and assets assigned to manage according to regulations of the State and the Minister.

(16) Perform other tasks as assigned or authorized by the Minister.

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