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

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ATTRIBUTE

Circular No. 01/2020/TT-BNG dated February 06, 2020 of the Ministry of Foreign Affairs on honorary consuls of the Socialist Republic of Vietnam
Issuing body: Ministry of Foreign AffairsEffective date:
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Official number:01/2020/TT-BNGSigner:Pham Binh Minh
Type:CircularExpiry date:Updating
Issuing date:06/02/2020Effect status:
Known

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Fields:Foreign affairs

SUMMARY

A person who is appointed as honorary consul must have strong financial capacity

On February 06, 2020, the Ministry of Foreign Affairs promulgates the Circular No. 01/2020/TT-BNG on honorary consuls of the Socialist Republic of Vietnam.

Accordingly, 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.

Noticeably, honorary consuls may conduct their professional or commercial activities of their own during the period of working as honorary consuls. However, honorary consults may not use the capacity of honor consul in their professional or commercial activities.

A person who is appointed as honorary consul must meet the following conditions: Being a Vietnamese citizen, citizen of the receiving State or citizen of a third country; Permanently residing in the receiving State; Having social prestige and strong financial capacity; Having a clear criminal record; Possessing a good understanding of Vietnam and the receiving State; 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.

This Circular takes effect on March 23, 2020.
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Effect status: Known
TTXVN

THE MINISTRY OF FOREIGN AFFAIRS

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 01/2020/TT-BNG

 

Hanoi, February 06, 2020

 

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] Công Báo Nos 231-232 (21/02/2020)

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