Decree 26/2022/ND-CP on foreign honorary consuls in Vietnam
Honorary consuls may conduct profit-making commercial operations in Vietnam
This noticeable content is prescribed in the Government’s Decree No. 26/2022/ND-CP dated April 14, 2022, on foreign honorary consuls in Vietnam.
Accordingly, an honorary consul who is admitted to acting as an honorary consul must satisfy the following conditions:
Firstly, bearing the nationality of the sending State or the Vietnamese nationality. In case he/she bears the nationality of a third country or several countries, the Ministry of Foreign Affairs’ acceptance. Such acceptance may be revoked at any time without justifying the reason.
Secondly, permanently residing in Vietnam or living and working in the consular premises for at least one year.
Thirdly, neither being a Vietnamese cadre, civil servant, public employee nor an individual who receives wage from the State budget of any country.
Fourthly, having a clear judicial record; being financially capable, social prestige, etc.
Especially, honorary consuls may exercise consular functions as appointed by the sending State and concurrently conduct professional or profit-making commercial operations in Vietnam in accordance with treaties to which Vietnam and the sending State are contracting parties.
Besides, honorary consuls are not allowed to employ consular couriers, diplomatic couriers or consular bags, diplomatic bags, or cipher telegram to contact diplomatic representative missions or consular posts of the sending State or with the government of the sending State, except for the special cases after obtaining approval from the Socialist Republic of Vietnam. Family members of an honorary consul are not entitled to privileges and immunities.
This Decree takes effect from June 01, 2022.
For further details of the Decree 26/2022/ND-CP, Click here
translation of the Official Gazette of the Vietnam News Agency
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, April 14, 2022
On foreign honorary consuls in Vietnam
Pursuant to the Law on Organization of the Government dated June 19, 2015 and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Offices and Representative Offices of International Organizations in Vietnam dated August 23, 1993;
At the proposal of the Minister of Foreign Affairs,
The Government hereby promulgates the Decree on foreign honorary consuls in Vietnam.
Article 1. Scope of regulation and subjects of application
1. Scope of regulation
This Decree guides provisions of Clause 2 Article 36 of the 1993 Ordinance on the privileges and immunities for diplomatic missions, consular posts and representative offices of international organizations in Vietnam regarding the procedures for admission of foreign honorary consular officers in Vietnam and operation regulations of foreign honorary consular officers in Vietnam.
2. Subjects of application
a) Consular posts headed by foreign honorary consular officers in Vietnam, foreign honorary consular officers in Vietnam.
b) Competent State agencies, organizations and individuals involved in the admission and operation of foreign honorary consular officers in Vietnam.
Article 2. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Sending Sate means the country that appoints an individual to act as an honorary consular officer to exercise one or some consular functions in Vietnam as admitted by the Ministry of Foreign Affairs.
2. Vietnam-based foreign consular post headed by an honorary consular officer means a consular post that is headed by an honorary consular officer appointed by the sending State, and such post is located in the territory of the Socialist Republic of Vietnam, hereinafter referred to as honorary consular post.
3. Vietnam-based foreign honorary consular officer means a person appointed by the sending State in order to exercise one or some consular functions of that State in a specific consular premise in Vietnam as admitted in writing by the Ministry of Foreign Affairs, hereinafter referred to as honorary consul.
4. Credential of honorary consul means a document sent by the sending State to the Ministry of Foreign Affairs on the appointment of an individual to exercise honorary consul functions towards the State, legal entities and citizens of that sending State in a specific consular premise.