Circular 01/2020/TT-BNG regulations on honorary consuls of Vietnam

CIRCULAR

On honorary consuls of the Socialist Republic of Vietnam^[1]

Pursuant to the June 18, 2009 Law on Overseas Representative Missions of the Socialist Republic of Vietnam;

Pursuant to the November 21, 2017 Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam;

Pursuant to the Government’s Decree No. 26/2017/ND-CP of March 14, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

At the proposal of the Director of the Consular Department;

The Minister of Foreign Affairs promulgates the Circular on honorary consuls of the Socialist Republic of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Circular guides the appointment, operation, and termination of operation and defines the functions, tasks and powers of honorary consuls of the Socialist Republic of Vietnam.

2. This Circular applies to honorary consuls of the Socialist Republic of Vietnam and related agencies, organizations and individuals.

Article 2.Term of office of honorary consuls

An honorary consul shall be appointed by the Minister of Foreign Affairs with the term of office of 3 (three) years at the proposal of the head of the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State or the Director of the Consular Department.

When his/her term of office expires, an honorary consul may be re-appointed by the Minister of Foreign Affairs at the proposal of the head of the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State or the Director of the Consular Department.

Article 3.Classification of honorary consuls, consular districts and working offices of honorary consuls

The classification of honorary consuls, consular districts and working offices of honorary consuls shall be determined on the basis of the agreement with receiving States.

Article 4.Professional or commercial activities of honorary consuls

Honorary consuls may conduct their professional or commercial activities of their own during the period of working as honorary consuls. These activities do not relate to the functions, tasks and powers of honorary consuls. Honorary consults may not use the capacity of honor consul in their professional or commercial activities.

Article 5.Management and direction of honorary consuls

1. An honorary consul shall be subject to the direct management and direction of the head of the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State.

2. When necessary, the Minister of Foreign Affairs may authorize the Director of the Consular Department to directly manage and direct the operation of honorary consuls.

Article 6.Commendation and reward

Honorary consuls who have recorded outstanding achievements in developing the friendship and cooperation between Vietnam and the receiving States, protecting interests of the Vietnamese State and lawful rights and interests of Vietnamese citizens and legal persons will be commended and rewarded by the Vietnamese State at the proposal of the Minister of Foreign Affairs.

Chapter II

FUNCTIONS, TASKS AND POWERS OF HONORARY CONSULS

Article 7.Principles of exercising consular functions

1. Honorary consuls shall exercise some or all consular functions prescribed in Articles 8 thru 13 of this Circular under the assignment of the Minister of Foreign Affairs on the basis of abiding by the law or practices of the receiving States.

In special cases, the Minister of Foreign Affairs may assign honorary consuls to exercise other consular functions prescribed in Article 8 of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam on the basis of conformity with Vietnam’s law, the law of the receiving States, treaties to which Vietnam and the receiving States are contracting parties, and international law and practices.

2. Honorary consuls may not authorize others to exercise the consular functions prescribed in Clause 1 of this Article, unless the Minister of Foreign Affairs so permits.

Article 8.The function of consular protection

1. Honorary consuls shall apply all appropriate measures to provide consular protection for the interests of the Vietnamese State and lawful rights and interests of Vietnamese citizens and legal persons in their consular districts in conformity with Vietnam’s law, the law of the receiving States, treaties to which Vietnam and the receiving States are contracting parties, and international law and practices.

2. Honorary consuls are obliged to notify all information they acquire in case there are Vietnamese citizens being arrested, held in custody or temporary detention or serving imprisonment sentences in their consular districts to the Vietnamese diplomatic missions in the receiving States or the Vietnamese diplomatic missions in charge of the receiving States or to the Consular Department and implement related instructions of these agencies.

Article 9.The function of information provision

1. Honorary consuls shall report on the economic, trade, investment, culture, education-training, science-technology and tourism affairs in their consular districts to the Vietnamese diplomatic missions in the receiving States or the Vietnamese diplomatic missions in charge of the receiving States or to the Ministry of Foreign Affairs at the latter’s request.

2. Honorary consuls shall provide Vietnamese citizens and legal persons in their consular districts with information on the law and practices of the receiving States, especially the law concerning the entry and exit, residence, work and study of foreigners and operation of foreign legal persons in the receiving States.

Article 10.The function of citizen assistance and help

1. Honorary consuls shall assist and help cultural and social activities of Vietnamese citizens in their consular districts.

2. Honorary consuls shall mobilize the provision of material assistance to Vietnamese citizens in their consular districts when the latter encounter misfortunes or difficulties.

3. Honorary consuls shall receive and transmit civil status papers and Vietnamese citizenship-related requests of Vietnamese citizens residing in their consular districts to Vietnamese diplomatic missions in the receiving States or the Vietnamese diplomatic missions in charge of the receiving States or the Consular Department.

Article 11.The function concerning cases of successionmortis causa

1. In case a successionmortis causais opened in favor of Vietnamese citizens in a consular district but these persons are not present at the receiving State or do not authorize others to represent their interests, the concerned honorary consul shall immediately apply necessary measures to protect these persons’ interests and, at the same time, notify thereof to the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State or the Consular Department.

2. In case a successionmortis causais opened in favor of the Vietnamese State or legal persons in a consular district, the concerned honorary consul has the similar notification obligation.

Article 12.The function concerning seagoing ships, aircraft and other means of transport

1. Honorary consuls shall render help and make necessary intervention to guarantee that seagoing ships, aircraft and other means of transport of Vietnam in their consular districts can enjoy all their lawful rights and interests in the receiving States in conformity with the law of the receiving States, treaties to which Vietnam and the receiving States are contracting parties, and international law and practices.

2. In case a vehicle mentioned in Clause 1 of this Article meets with an accident or incident or is usurped in a consular district, the concerned honorary consul shall immediately take all measures to remedy consequences and render help to the persons and vehicle in distress and, at the same time, notify thereof to the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State or the Consular Department.

When an accident or incident occurs near a consular district and requires urgent rescue, the concerned honorary consul shall immediately notify thereof to the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State or the Consular Department for the latter to request authorities of the receiving State to allow the honorary consul to take actions to protect the citizens and vehicle in distress.

Article 13.The function concerning epidemic prevention and plant and animal protection

Honorary consuls shall immediately notify the Vietnamese diplomatic missions in the receiving States or the Vietnamese diplomatic missions in charge of the receiving States or the Consular Department of epidemics harmful to human health or plants or animals which occur in their consular districts.

Article 14.Tasks and powers of honorary consuls

1. Honorary consuls have the tasks of protecting the State’s interests, and lawful rights and interests of Vietnamese citizens and legal persons in the receiving States in conformity with Vietnam’s law, the law of the receiving States, treaties to which Vietnam and receiving States are contracting parties, and international law and practices.

2. Honorary consuls shall promote and encourage economic, trade, investment, culture, education-training, science-technology and tourism relations between Vietnam and the receiving States.

3. Honorary consuls shall make periodical reports once every year (up to the end of December 20 every year) on their operation results and working orientations in the subsequent period. Such reports shall be sent to Vietnamese diplomatic missions in the receiving States or the Vietnamese diplomatic missions in charge of the receiving States and the Consular Department.

When their term of office expires, honorary consuls shall make and send final review reports to the above-said agencies.

4. While exercising consular functions, honorary consuls shall respect the law and practices of Vietnam and the receiving States; arrange working offices and other necessary facilities by themselves according to Clause 2, Article 20 of this Circular; and keep consular archives confidential according to Clause 1, Article 21 of this Circular.

After terminating operation, honorary consuls shall hand over national emblem-carved seals, title seals, name seals, the national flag, the national emblem, name boards, honorary consul cards and consular archives according to Point b, Clause 4, Article 18; Clause 3, Article 19; and Clause 2, Article 21, of this Circular.

5. While exercising consular functions, honorary consuls may have work contacts and employ information-communication means according to Articles 22 and 23 of this Circular.

6. While exercising consular functions, honorary consuls shall be provided with necessary information and documents by the Ministry of Foreign Affairs and Vietnamese diplomatic missions in the receiving States or the Vietnamese diplomatic missions in charge of the receiving States.

Chapter III

APPOINTMENT, OPERATION AND TERMINATION OF OPERATION OF HONORARY CONSULS

Article 15.Conditions for appointment of honorary consuls

A person who is appointed as honorary consul must meet the following conditions:

1. Being a Vietnamese citizen, citizen of the receiving State or citizen of a third country;

2. Permanently residing in the receiving State;

3. Having social prestige and strong financial capacity;

4. Having a clear criminal record;

5. Possessing a good understanding of Vietnam and the receiving State;

6. Neither being a cadre, civil servant or public employee of the Vietnamese State or any other country nor receiving salary from the budget of the Vietnamese Government or any other country.

Article 16.Dossiers of request for appointment of honorary consuls

1. A dossier of request for appointment of an honorary consul must comprise:

a/ A letter to the Minister of Foreign Affairs stating the requester’s aspiration to act as an honorary consul in which the requester commits that if being appointed, he/she will bear all expenses for operation as honorary consul, not receive salary from the Vietnamese Government, and respect the law and practices of Vietnam and the receiving State. The letter must also state the tentative location of the working office of the honorary consul and consular district;

b/ A curriculum vitae of the requester, stuck with 1 (one) 4cm x 6cm photo (recently taken, straight, bare head, and no color glasses on a white background);

c/ 2 (two) 2cm x 3cm photos (recently taken, straight, bare head, and no color glasses on a white background);

d/ A certified copy of the requester’s passport. In case the requester is a Vietnamese citizen or a citizen of a third country, he/she must also submit copies of his/her certified passport and permanent residence card issued by the receiving State;

dd/ The requester’s criminal record certificate issued by an authority of the receiving State within 1 (one) year counted to the date of dossier submission;

e/ The requester’s tentative program or plan of action.

2. A dossier of request for re-appointment of an honorary consul must comprise the papers prescribed at Points a, c, d and dd, Clause 1 of this Article and a report reviewing the term of office of the honorary consul.

3. Foreign-language papers in the dossier must be translated into English or Vietnamese and have their translators’ signatures certified according to regulations. The criminal record certificate must be consularly legalized in accordance with law before it is translated and the translator’s signature must be certified, except cases of exemption from consular legalization under a treaty to which Vietnam and the receiving State are contracting parties or on the principle of reciprocity.

Article 17.Process of appointment of honorary consuls

1. Process of appointment of an honorary consul

a/ A person who wishes to become an honorary consul (below referred to as honorary consul candidate) shall submit 1 (one) set of the dossier of request for appointment of an honorary consul prescribed in Clause 1, Article 16 of this Circular to the Consular Department (directly or via the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State).

b/ The Consular Department shall examine the dossier. In case the dossier is incomplete or invalid, the Consular Department shall guide the honorary consul candidate to supplement and complete the dossier.

In case the dossier in complete and valid, the Consular Department shall request the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State to give its opinions on the necessity to appoint an honorary consul and on the honorary consul candidate and recommend the consular district and classification of the honorary consul.

The Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State shall consult the Ministry of Foreign Affairs of the receiving State on the possibility for admission of the appointment of the honorary consul and notify the result to the Consular Department.

c/ After obtaining opinions of the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State, the Consular Department shall exchange ideas with related units of the Ministry of Foreign Affairs and concerned agencies and propose the Minister of Foreign Affairs to consider and decide on the appointment of the honorary consul.

d/ After the Minister of Foreign Affairs agrees in principle the appointment of the honorary consul, the Consular Department shall request the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State to make a diplomatic note officially requesting the Ministry of Foreign Affairs of the receiving State to admit the appointment of the honorary consul.

dd/ After the Ministry of Foreign Affairs of the receiving State issues a diplomatic note officially admitting the appointment of the honorary consul, the Consular Department shall propose the Minister of Foreign Affairs to sign a decision on appointment of  honorary consul and a credential of honorary consul.

e/ The Consular Department shall issue a document requesting the Administrative and Financial Agency and the Administration Division of the Ministry of Foreign Affairs to provide the national emblem-carved seal, title seal, name seal, national flag, national emblem and name board of the honorary consul. The Director of the Consular Department shall sign to issue an honorary consul card (according to the form provided in the Appendix to this Circular).

g/ After completing all procedures prescribed at Points a thru e of this Clause, the Consular Department shall transmit information to the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State for the latter to notify the Ministry of Foreign Affairs of the receiving State and the honorary consul.

The Consular Department (or the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State) shall organize the handover of the decision on appointment of honorary consul, credential of honorary consul and the working facilities prescribed at Point e of this Clause to the honorary consul.

2. Process of re-appointment of an honorary consul

a/ Within 3 (three) months before his/her term of office expires, the honorary consul who wishes to be re-appointed as honorary consul shall submit 1 (one) set of the dossier prescribed in Clause 2, Article 16 of this Circular to the Consular Department (via the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State).

Based on actual needs, the head of the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State or the Director of the Consular Department shall propose the Minister of Foreign Affairs to consider and decide to re-appoint the honorary consul.

b/ After exchanging opinions with related units in the Ministry of Foreign Affairs and the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State, the Consular Department shall propose the Minister of Foreign Affairs to consider and decide to re-appoint the honorary consul and sign the decision on appointment of honorary consul and credential of honorary consul (in case the Ministry of Foreign Affairs of the receiving State requests the re-appointed honorary consul to present a new credential of honorary consul). The Director of the Consular Department shall sign to issue the honorary consul card.

c/ The Consular Department shall transmit information to the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State for the latter to notify thereof the Ministry of Foreign Affairs of the receiving State and the honorary consul.

The honorary consul shall contact the Consular Department (maybe via the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State) to receive the original decision on appointment of honorary consul and credential of honorary consul (if any) and honorary consul card.

3. In case a honorary consul who has terminated operation under Article 18 of this Circular wishes to act as honorary consul, the dossier and procedures for appointment of an honorary consul must comply with Clause 1, Article 16 and Clause 1 of this Article.

4. In case the Minister of Foreign Affairs rejects the appointment of an honorary consul candidate as honorary consul, the Consular Department shall transmit information to the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State for the latter to notify thereof to the honorary consul candidate (in case of appointment) or the honorary consul (in case of re-appointment).

Article 18.Termination of operation of honorary consuls

1. An honorary consul shall terminate his/her operation under the Minister of Foreign Affairs’ decision or when the receiving State no longer admits the appointment of the honorary consul.

2. The Minister of Foreign Affairs shall decide to terminate the operation of an honorary consul in one of the following cases:

a/ The honorary consul fails to exercise or to fulfill assigned functions;

b/ There is no longer need for appointment of an honorary consul;

c/ The honorary consul is declared by the receiving State as apersona non grata;

d/ The honorary consul no longer meets the conditions prescribed in Article 15 of this Circular;

dd/ The honorary consul wishes to stop acting as a honorary consul.

3. In addition to the cases prescribed in Clause 2 of this Article, the Minister of Foreign Affairs may decide to terminate the operation of the honorary consul at any time without having to give a reason.

4. Process of termination of operation of an honorary consul

a/ The head of the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State or the Director of the Consular Department shall propose the Minister of Foreign Affairs to decide to terminate the operation of the honorary consul.

When there is a proposal for termination of operation of an honorary consul, the Consular Department shall propose the Minister of Foreign Affairs (after consulting the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State and related units of the Ministry of Foreign Affairs) to consider and decide to terminate the operation of the honorary consul.

b/ In case the Minister of Foreign Affairs agrees to terminate the operation of the honorary consul, the Consular Department shall propose the Minister of Foreign Affairs to sign a decision on termination of operation of honorary consul.

After the Minister of Foreign Affairs signs the decision on termination of operation of honorary consul, the Consular Department shall transmit information to the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State for the latter to notify thereof to the Ministry of Foreign Affairs of the receiving State and the honorary consul.

The honorary consul shall hand over his/her national emblem-carved seal, title seal, name seal, national flag, national emblem, name board, honorary consul card, and consular archives to the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State for storage and preservation or to a person authorized by the Minister of Foreign Affairs.

c/ The Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State shall notify the Consular Department after completing the receipt of working facilities and consular archives from the honorary consul under Point b of this Clause.

Depending on practical situation, the Consular Department shall guide the Vietnamese diplomatic mission in the receiving State or the Vietnamese diplomatic mission in charge of the receiving State to hand over working facilities and consular archives to the new honorary consul or send them to the Ministry of Foreign Affairs for destruction in case there is no substitute honorary consul candidate.

Article 19.National flag, national emblem, national emblem-carved seals, title seals, name seals, name boards and honorary consul cards

1. The Vietnamese national flag and national emblem must be hanged in solemn positions at working offices of honorary consuls; the name boards of working offices of honorary consuls shall be written in Vietnamese and English (or the official languages of the receiving States) and stuck at the gates (doors) of their working offices.

The Vietnamese national flag shall be hanged at houses and on vehicles of honorary consuls when such vehicles are used for official duties of the honorary consuls.

2. The contents and display format of name boards are described in detail in the Appendix to this Circular.

3. Each honorary consul shall be granted a national emblem-carved seal with the contents in Vietnamese and English (or the official language of the receiving State). The contents of the seal are described in the Appendix to this Circular.

Honorary consuls may use the seal for official jobs of honorary consuls and are obliged to preserve and hand over the seal to the heads of the Vietnamese diplomatic missions in the receiving States or the Vietnamese diplomatic missions in charge of the receiving States or to the persons authorized by the Minister of Foreign Affairs to receive the seal after the honorary consuls terminate operation.

4. Each honorary consul shall be granted 1 (one) title seal in Vietnamese and 1 (one) title seal in English or the official language of the receiving State in conformity with his/her honorary consul classification, and a name seal for use in official jobs of honorary consuls.

5. Each honorary consul shall be granted an honorary consul card (made according to the form provided in the Appendix to this Circular) for use in official jobs of honorary consuls, specifically as follows:

a/ Honorary consul generals shall be granted a “Honorary consul general card”;

b/ Honorary consuls shall be granted a “Honorary consul card”.

Article 20.Maintenance of operation of honorary consuls

1. Honorary consuls may hire employees to serve consular activities and shall be held responsible for and bear all expenses related to the hiring of employees as stated above.

2. Working offices and facilities

Honorary consuls shall themselves arrange working offices and other necessary working facilities and shall bear all related expenses.

Article 21.Consular archives

1. Honorary consuls are obliged to keep consular archives confidential and may not keep consular archives indiscriminately with their own papers and documents, especially those relating to their professional or commercial activities.

2. Honorary consuls shall hand over consular archives to Vietnamese diplomatic missions in the receiving States or the Vietnamese diplomatic missions in charge of the receiving States when terminating their operation. In case of impossibility to hand over consular archives to the above-said agencies, honorary consuls shall hand them over to persons authorized by the Minister of Foreign Affairs.

Article 22.Work contacts

1. When exercising consular functions, honorary consuls may directly contact local authorities in their consular districts.

When necessary to contact central authorities of the receiving States, honorary consuls must contact them via Vietnamese diplomatic missions in the receiving States or the Vietnamese diplomatic missions in charge of the receiving States; honorary consuls may contact these authorities directly if the law or practices of the receiving States so permit(s) or if there is an agreement on this issue between Vietnam and the receiving State.

2. In order to contact central and local agencies, organizations and individuals of Vietnam on matters related to consular activities, honorary consuls must do so via Vietnamese diplomatic missions in the receiving States or the Vietnamese diplomatic missions in charge of the receiving States; in case of necessity, honorary consuls may also contact these agencies, organizations and individuals via the Consular Department.

Article 23.Information-communication means

1. Honorary consuls may use telephone, fax, work letter, or email to transmit information to and communicate with the Ministry of Foreign Affairs and overseas Vietnamese diplomatic missions for official purposes in conformity with the law of the receiving States.

2. In special cases when it is permitted by the Minister of Foreign Affairs and not objected by related countries, honorary consuls may employ consular couriers or consular bags to transmit information to and communicate with the agencies mentioned in Clause 1 of this Article.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 24.Honorary consul cards and Appendix on the contents and display format of name boards and contents of national emblem-carved seals

1. Honorary consul cards must be made according to the forms provided in the Appendix to this Circular, including:

a/ Honorary consul general card (Form No. 01/BM-LSDD);

b/ Honorary consul card (Form No. 02/BM-LSDD).

2. The contents and display format of name boards and contents of national emblem-carved seals must comply with the Appendix to this Circular.

Article 25.Implementation provisions

1. This Circular takes effect on March 23, 2020, and replaces the Regulation on honorary consuls of the Socialist Republic of Vietnam, issued together with Decision No. 06/NG-QD of January 8, 1994, of the Minister of Foreign Affairs.

2. Annually, based on periodical reports on operation results of honorary consuls prescribed in Clause 3, Article 14 of this Circular, Vietnamese diplomatic missions in the receiving States or Vietnamese diplomatic missions in charge of receiving States shall make and send reports on operation results of honorary consults to the Consular Department.

3. In the process of implementation of this Circular, if meeting with any problems, diplomatic missions and related agencies, organizations and individuals shall promptly report them to the Ministry of Foreign Affairs for guidance.-

Minister of Foreign Affairs
PHAM BINH MINH

* The Appendix to this Circular is not translated.