Circular No. 26/2006/TT-BNG dated August 02, 2006 of the Ministry of Foreign Affair guiding the consignment and receipt of airborne diplomatic and consular bags of diplomatic missions, consular offices and representative agencies of international organizations in Vietnam

CIRCULAR

GUIDING THE CONSIGNMENT AND RECEIPT OF AIRBORNE DIPLOMATIC AND CONSULAR BAGS OF DIPLOMATIC MISSIONS, CONSULAR OFFICES AND REPRESENTATIVE AGENCIES OF INTERNATIONAL ORGANIZATIONS IN VIETNAM

Pursuant to the August 23, 1993 Ordinance on Privileges and Immunities for diplomatic missions, consular offices and representative agencies of international organizations in Vietnam (hereinafter referred to as the 1993 Ordinance for short) and Decree No. 73/CP of July 30, 1994, detailing the implementation of the 1993 Ordinance;

Pursuant to the Government's Decree No. 21/2003/ND-CP of March 10, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs,

After reaching agreement with the Ministry of Public Security, the Ministry of Post and Telematics, the Ministry of Finance and the Ministry of Transport, the Ministry of Foreign Affairs hereby guides the consignment and receipt of airborne diplomatic and consular bags of diplomatic missions, consular offices and representative agencies of international organizations in Vietnam as follows:

Part I

GENERAL PROVISIONS

1. Vietnam-based diplomatic missions, consular offices and representative agencies of international organizations belonging to the United Nations and inter-governmental organizations (hereinafter collectively referred to as representative agencies) which are entitled to privileges and immunities under the 1993 Ordinance may consign and receive airborne diplomatic and consular bags according to the provisions of this Circular.

2. Consignors and consignees of diplomatic or consular bags must be diplomats, consular officials or officials of international organizations who possess diplomatic or consular identity cards granted by the Foreign Affairs Ministry's Protocol Department or who have other official papers testifying to their position.

3. Professional couriers must have passports and official papers testifying to their position and confirming the number of packages constituting diplomatic or consular bags which they are assigned to carry. They shall enjoy body inviolability; be neither arrested nor detained in any form, and be protected by the Vietnamese State while they are on duty.

4. Provisional couriers shall enjoy privileges and immunities specified in Clause 3 above only when they perform the courier task and must have passports and official papers certifying their task as well as the number of packages constituting diplomatic or consular bags which they are assigned to carry.

5. Diplomatic or consular bag means one or several packages constituting such bag, which contains only diplomatic or consular documents and articles used for official tasks of the representative agency. Articles used for official tasks of representative agencies must not be goods banned or restricted from import or export, weapons, explosives or auxiliary equipment of such articles, or goods banned from air transportation according to the provisions of Vietnamese law.

6. Diplomatic and consular bags must have official papers certifying the date and place of consignment, the number of their packages and the place of receipt. A bag must be sealed and each package constituting it must bear clear signs certifying that it is a diplomatic or consular bag.

7. Other airborne goods of Vietnam-based diplomatic missions, consular offices and representative agencies of international organizations shall be delivered and received according to current regulations.

Part II

PROVISIONS ON CONSIGNMENT AND RECEIPT OF DIPLOMATIC AND CONSULAR BAGS

1. In compliance with the provisions of Vietnamese law and for convenient delivery, receipt and transportation by air, each package constituting a diplomatic or consular bag shall not be larger than 60 cm x 30 cm x 40 cm in size; oversized packages must be notified to and approved in advance by control and transport agencies at airports.

2. Diplomatic and consular bags shall neither be opened nor detained and shall be exempt from customs declaration and inspection.

For consular bags, if having reasonable grounds for asserting that they contain things other than correspondences, documents or articles used for official tasks of consular offices, competent Vietnamese authorities may send them back to their places of consignment or request authorized representatives of consular offices to open them.

3. Diplomatic and consular bags carried by civil airplanes must be delivered, received or cleared from import and export procedures by their couriers at separate counters in the airports as designated by airport directors. When filling in delivery, receipt or transportation procedures, couriers must produce to competent Vietnamese officials the following:

- Diplomatic or consular identity cards granted by the Foreign Affairs Ministry's Protocol Department, or passports or other official papers (e.g., the United Nations' laissez-passers, etc.);

- Official papers certifying couriers' functions, names of consigning and receiving agencies and the number of packages constituting diplomatic or consular bags.

4. Airplane commanders may be authorized to carry diplomatic or consular bags. Procedures for direct delivery and receipt between airplane commanders and foreign agencies' representatives tasked to carry the bags must be carried out at separate counters in the airports as designated by airport directors.

5. If diplomatic and consular bags are carried by private airplanes, delivery and receipt procedures shall be the same as when they are carried by commercial airplanes.

Part III

IMPLEMENTATION PROVISIONS

1. This Circular shall take effect 15 days after its publication in "CONG BAO."

1. Concerned ministries and branches shall direct their attached units to comply with this Circular.

3. Any complicated problems related to external policies arising in the course of implementation should be promptly reported by concerned agencies to the Ministry of Foreign Affairs for direction.