Integrated Document No. 08/VBHN-VPQH dated December 12, 2017 of the Office of National Assembly on the Laws on overseas representative missions of the Socialist Republic of Vietnam

LAW

ON OVERSEAS REPRESENTATIVE MISSIONS OF THE SOCIALIST REPUBLIC OF VIETNAM^(*)

Law No. 33/2009/QH12 of June 18, 2009, of the National Assembly on Overseas Representative Missions of the Socialist Republic of Vietnam, which took effect on September 2, 2009, is amended and supplemented by:

Law No. 19/2017/QH14 of November 21, 2017, of the National Assembly Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam, which is set to take effect on July 1, 2018.

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Overseas Representative Missions of the Socialist Republic of Vietnam^[1].

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for the functions, tasks, powers and organization of overseas representative missions of the Socialist Republic of Vietnam (below referred to as representative missions) and the state management of representative missions.

Article 2. Representative missions

1. Representative missions perform the functions of officially representing the Vietnamese State in its relations with host countries, territories and international organizations and uniformly managing foreign activities under Article 12 of this Law.

2. Representative missions include diplomatic representative missions, consular representative missions and representative missions at international organizations.

3. Representative missions are entitled to full privileges and immunities in accordance with international law.

Article 3. Principles on organization and operation of representative missions

1. Implementing foreign policies of the Vietnamese State.

2. Submitting to the direction of the President, the Government and the Prime Minister, the direct management of the Ministry of Foreign Affairs and the supervision of the National Assembly.

3. Operating under Vietnam’s laws in conformity with international law and laws of countries where representative missions are based.

4. Being organized and operating under the single-leader regime.

Article 4. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Diplomatic representative missions are embassies.

2. Consular representative missions are general consulates and consulates.

3. Representative missions at international organizations are permanent missions, missions, permanent observer missions and agencies which bear other names but perform the function of representing the Vietnamese State at inter-governmental international organizations.

4. Consular premises means a territorial part of the host country which, under the agreement between the Socialist Republic of Vietnam and the host country, is reserved for the consular representative mission to perform consular functions.

5. Members of a representative mission include the head of the representative mission, members of the diplomatic staff, members of the consular staff and employees of the representative mission.

6. Members of the diplomatic staff are those who hold diplomatic posts.

7. Members of the consular staff are those who hold consular posts.

8. Honorary consuls are non-professional consular officers who are not Vietnamese cadres, public employees and civil servants, including honorary consuls general and honorary consuls.

9. Employees of a representative mission are those who perform administrative, technical or service jobs. 

Chapter II

TASKS AND POWERS OF REPRESENTATIVE MISSIONS

Article 5. Promoting socio-political and defense-security relations

1. To sum up, evaluate and provide competent agencies with information on the socio-political and defense-security situation in host countries and international organizations.

2. To propose to competent agencies necessary measures to promote the development of socio-political and defense-security relations between the Socialist Republic of Vietnam and host countries and international organization.

3. To establish, maintain and develop their relations with agencies, organizations and individuals in host countries and international organizations; to facilitate the implementation of foreign policies in the relations with host countries and international organizations.

Article 6. Serving national economic development

1. To study host countries’ or international organizations’ strategies, policies, laws and trends on economic development, trade, investment, development assistance, science and technology, environmental protection, education and training, tourism, cooperation on the use of human resources and other related issues; to report to competent agencies on policies and decisions of strategic significance adopted by host countries and international organizations, which may affect the Vietnamese economy.

2. To provide information on and introduce the situation of and possibility and demands for cooperation between enterprises of Vietnam and host countries.

3. To propose to competent agencies appropriate policies and measures and organize their implementation in order to develop economic relations between the Socialist Republic of Vietnam and host countries and international organizations.

4. To participate in trade and investment promotion; to mobilize and seek assistance for and disseminate information on Vietnam tourism in host countries and international organizations; to step up scientific and technological cooperation between the Socialist Republic of Vietnam and host countries; to promote the development of overseas labor markets; to assist with the verification of information on economic activities and the legal entity status of enterprises in host countries when requested.

Article 7. Promoting cultural relations

1. To sum up, evaluate and inform competent agencies of cultural creation and development experiences of host countries and international organizations.

2. To propose measures for promoting cultural cooperation between the Socialist Republic of Vietnam and host countries and international organizations.

3. To propagate and disseminate information on the Vietnamese history, culture, image and people in host countries and international organizations.

4. To introduce the history, culture, national image and people of host countries and activities related to the culture of host international organizations to Vietnamese agencies, organizations and people.

5. To support and facilitate the exchange of delegations and cultural exchange between the Socialist Republic of Vietnam and host countries and international organizations.

6. To organize or jointly organize Vietnamese cultural activities and events in host countries and international organizations.

Article 8. Performing consular tasks

1. To provide consular protection of the State’s interests and lawful rights and interests of Vietnamese citizens and legal entities and perform consular tasks prescribed in this Article on the basis of compliance with Vietnam’s laws, laws of host countries and treaties to which the Socialist Republic of Vietnam and host countries are contracting parties, and conformity with international law and practices.

2. To pay consular visits to and contact Vietnamese citizens when they are arrested, held in custody, detained or tried or are serving imprisonment penalties in host countries.

3. In case Vietnamese citizens and legal entities are unable to protect their lawful rights and interests under the law and practice of host countries, representative missions may temporarily act or arrange someone to act as their representatives at courts or competent agencies of host countries until other persons agree to act as their representatives or they are able to protect by themselves their lawful rights and interests.

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