Law on Overseas Representative Missions of Vietnam 2026 (Amended), No. 08/2026/QH16

LAW

Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam¹

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 33/2009/QH12 on Overseas Representative Missions of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Law No. 19/2017/QH14.

Article 1. To amend and supplement a number of articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam

1. To amend and supplement Article 6 as follows:

“Article 6. Serving national development

1. To study receiving countries’ or international organisations’ strategies, policies and laws, economic development trends, and new cooperation fields serving international integration, trade, industry, agriculture, investment, development aid, science, technology, innovation, digital transformation, strategic technology, environmental protection, healthcare, education, training, tourism, cooperation on the use of human resources, law making and enforcement, and other related issues; to report to competent agencies on receiving countries’ or international organisations’ policies and decisions of strategic significance that may affect Vietnam’s development.

2. To provide information and introduce the situation of, and possibility and demand for cooperation between enterprises of Vietnam and of receiving countries; to support the verification of information relating to economic activities and the legal person status of enterprises in receiving countries upon request; to support Vietnamese enterprises to develop and operate in receiving countries; to proactively forecast economic and trade policies, and measures that foreign authorities may impose on the Vietnamese State or enterprises.

3. To propose to competent agencies appropriate policies and measures and organise the implementation thereof in order to develop economic relations between the Socialist Republic of Vietnam and receiving countries and international organisations, and promote people-to-people exchange.

4. To participate in promotion and advancement of cooperation in the fields of trade, investment, cultural industry and new fields of economic cooperation serving international integration; to attract foreign investment in Vietnam and promote outward investment from Vietnam; to mobilise and seek aid and disseminate information on Vietnam’s tourism in receiving countries and international organisations; to step up cooperation between the Socialist Republic of Vietnam and receiving countries in terms of science, technology, innovation and digital transformation, education and training, and healthcare; to advocate for the inscription and recognition of cultural heritage by other countries and international organisations; to develop overseas labour markets; to supervise and promote the implementation of international commitments; to promote technology transfer, attract experts and scientists to work and contribute to the national development.”.

2. To amend and supplement the title and a number of clauses of Article 8 as follows:

a/ To amend and supplement the title of Article 8 as follows:

“Article 8. Performance of consular tasks and citizen protection”;

b/ To amend and supplement Clause 1 as follows:

“1. To provide consular protection of the State’s interests and lawful rights and interests of Vietnamese citizens, legal persons and enterprises, and perform consular tasks specified in this Article on the basis of compliance with Vietnam’s law, laws of receiving countries and treaties to which the Socialist Republic of Vietnam and receiving countries are contracting parties, and conformity with international law and practices. To proactively and promptly take appropriate measures, or propose competent agencies to take such measures, in order to protect citizens abroad in emergencies or large-scale incidents.

c/ To amend and supplement Clause 4 as follows:

“4. To issue, extend, modify, supplement and cancel passports and other papers valid for entry into and exit from Vietnam in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.”;

d/ To amend and supplement Clause 5 as follows:

“5. To issue or cancel visas; to issue, revoke and cancel certificates of Vietnamese visa exemption in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.”;

dd/ To amend and supplement Clause 13 as follows:

“13. To perform a number of tasks related to extradition, transfer of sentenced persons, mutual legal assistance in criminal matters, and mutual legal assistance in civil matters in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.”

3. To amend and supplement Clause 3, Article 9 as follows:

“3. To propose to competent agencies policies and measures to maintain the close attachment of overseas Vietnamese communities to the country and the nation; to encourage overseas Vietnamese to preserve national identities, promote the preservation and dissemination of the Vietnamese language and Vietnamese script, and participate in all areas of social life in the country.”.

4. To amend and supplement Clause 1, Article 10 as follows:

“1. To direct and guide representatives of Vietnamese agencies, localities and organisations in receiving countries and international organisations and delegations sent by Vietnamese agencies or organisations on working trips to receiving countries or international organisations to implement foreign policies according to their competence.”.

5. To add Clause 4 below Clause 3, Article 11 as follows:

“4. To participate and implement digital transformation in operations and transactions of representative missions, in accordance with Vietnam’s law, international law, and laws and conditions of receiving countries.”.

6. To amend and supplement a number of clauses of Article 14 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Based on the total payroll allocated by competent authorities to representative missions, the Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and relevant agencies in, formulating an overall scheme on the organisational apparatus and payroll norms of representative missions. The Minister of Foreign Affairs shall submit the scheme to the Prime Minister for approval.”;

b/ To amend and supplement Clause 3 as follows:

“3. Based on the overall scheme approved by the Prime Minister and requirements for external affairs activities and relations, after reaching agreement with relevant agencies, the Minister of Foreign Affairs shall decide on the organisational structure and personnel of representative missions’ divisions in charge of the following fields:

a/ Politics, external affairs;

b/ National defence, security;

c/ Economic issues, trade, industry, finance, investment, tourism, labour, science, technology, innovation, digital transformation, digital technology industry, agriculture, environment and law;

d/ Culture, information, press, education, training and healthcare;

dd/ Consular work and affairs of overseas Vietnamese communities;

e/ Administrative and protocol affairs;

g/ Other fields in accordance with law.”;

c/ To add Clause 4 below Clause 3 as follows:

“4. The Minister of Foreign Affairs shall decide on the transfer of personnel under his/her management between representative missions; and on the transfer of seconded personnel between representative missions at the proposal of heads of seconding agencies and after reaching agreement with the Minister of Home Affairs.

The transfer of personnel between representative missions shall be carried out on the basis of task requirements and areas of operation and in adherence to the principle of not exceeding the total payroll norms allocated to representative missions.”.

7. To amend and supplement a number of points and clauses of Article 15 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The estimation, management, use and account-finalisation of state budget funds, and accounting activities, shall be carried out in United States dollars and local currencies, converted into Vietnam dong. The State shall ensure necessary funds in United States dollars for representative missions to perform their assigned functions, tasks and powers.”;

b/ To amend and supplement Point a, Clause 2 as follows:

“a/ Funds for development investment shall be allocated to the Ministry of Foreign Affairs for subsequent allocation to representative missions, except construction investment projects of agencies in the fields of national defence, security and trade;”.

c/ To amend and supplement Clause 3 as follows:

“3. The estimation, allocation and account-finalisation of funds of representative missions must comply with law. The Government shall provide detailed regulations on the order and procedures for the procurement, repair, renovation and upgrading of assets and equipment; the lease and procurement of goods and services; the repair, renovation, upgrading, expansion and construction of work items under construction investment projects that have been implemented; and other necessary tasks at representative missions after state budget estimates have been allocated by competent authorities.”.

8. To amend and supplement Point c, Clause 2, Article 17 as follows:

c/ Having a thorough understanding of, and the capacity to counsel, direct and organise the effective implementation of, the State’s line, guidelines and policies on external affairs; having synthesis, analysis and forecasting capacity; being capable of organising, administering, gathering and maintaining internal unity, and coordinating with related agencies, organisations and individuals in properly performing the assigned tasks; having management and working experience in external affairs; being capable of implementing digital transformation; having held the post of department deputy director or equivalent or higher post or having been conferred the diplomatic rank of Counsellor or higher rank, or being specialised in external affairs or international integration and having been recognised in accordance with the Government’s regulations;”.

9. To amend and supplement Article 18 as follows:

“Article 18. Diplomatic posts, consular posts and particular diplomatic posts at representative missions

1. Diplomatic posts include:

a/ Ambassador extraordinary and plenipotentiary;

b/ Ambassador;

c/ Minister;

d/ Minister-counselor;

dd/ Counselor;

e/ First secretary;

g/ Second secretary;

h/ Third secretary;

i/ Attaché.

2. Consular posts include:

a/ Consul general;

b/ Deputy-consul general;

c/ Consul;

d/ Deputy consul;

dd/ Consular attaché.

3. Particular diplomatic posts include:

a/ Chargé d’Affaires;

b/ Defence Attaché;

c/ Deputy Defence Attaché;

d/ Assistant Defence Attaché;

dd/ Other particular diplomatic posts in specialised fields, which shall be decided by the Minister of Foreign Affairs at the proposal of heads of seconding agencies, ensuring consistency with international practices and regulations of receiving countries or international organisations.”.

10. To add a number of clauses to Article 21 as follows:

a/ To add Clause 2a below Clause 2 as follows:

“2a. To decide on the conclusion and implementation of cooperation documents between representative missions and foreign partners within the ambit of the representative missions’ competence, functions and tasks. The conclusion and implementation of cooperation documents must comply with the Minister of Foreign Affairs’ guidance.”;

b/ To add Clause 4a below Clause 4 as follows:

“4a. To direct and organise digital transformation and technology application, ensuring information safety and security in the performance of the functions and tasks, and the management and operation of representative missions in accordance with law.”.

11. To amend and supplement a number of points and clauses of Article 26 as follows:

a/ To amend and supplement Point c, Clause 1 as follows:

“c/ Allowances and incentives, for those who work in areas with armed conflicts or catastrophes caused by disasters or dangerous epidemics or work under extremely difficult conditions. Allowances for travel expenses and medical treatment expenses in third countries in case of disasters, dangerous epidemics or armed conflicts posing direct threats to representative missions;”;

b/ To add Clause 1a below Clause 1 as follows:

“1a. In addition to the entitlements specified in Clause 1 of this Article, members of representative missions shall be entitled to concurrent-area allowance (if concurrently in charge of multiple areas).”

c/ To amend and supplement Clause 3 as follows:

“3. Minor children accompanying members of representative missions shall be entitled to payment of expenses for purchase of medical examination and treatment insurance and air tickets as for spouses of members of representative missions; and to allowances for travel expenses and medical treatment expenses in third countries in case of disasters, dangerous epidemics or armed conflict posing direct threats to representative missions. Children accompanying members of representative missions shall be entitled to monthly tuition fee support at the maximum level equalling the basic subsistence allowance until they complete upper secondary education in receiving countries.”.

12. To amend and supplement the title and a number of clauses of Article 32 as follows:

a/ To amend and supplement the title of Article 32 as follows:

“Article 32. Competence and responsibilities of the Minister of Foreign Affairs”;

b/ To amend and supplement Article 6 as follows:

“6. To propose the Prime Minister to submit to the National Assembly Standing Committee for approval requests for appointment and relief from duty of ambassadors extraordinary and plenipotentiary; to propose the Prime Minister to submit to the President the assignment and recall of representatives of the President at international organisations.

To decide on extension of the term of office of ambassadors extraordinary and plenipotentiary based on the context, circumstances and task requirements of external affairs in the relevant area of operation; and report thereon to the President, the National Assembly Standing Committee and the Prime Minister. The duration of extension must not exceed 36 months.”;

c/ To add Clause 6a below Clause 6 as follows:

“6a. To direct heads of representative missions to return to the country based on external affairs or management requirements; in case of necessity, to report to competent authorities for the latter to consider and decide on the recall or relief from duty of heads of representative missions under regulations.”;

d/ To amend and supplement Clause 7 as follows:

“7. To appoint, extend the term of office of, and recall, members of representative missions, except the case specified in Clause 6 of this Article.”;

dd/ To add Clauses 8a and 8b below Clause 8 as follows:

“8a. To assume the prime responsibility for, and coordinate with relevant agencies and, on the basis of reaching agreement with receiving countries, deciding on the establishment or adjustment of consular premises of overseas consular representative missions of Vietnam. To issue regulations on the principles for handling consular affairs and the signing of consular documents at representative missions, taking into account the particular organisational and operational characteristics of representative missions.

8b. To provide the establishment, suspension and termination of operation, and the functions, tasks and powers, of consular missions headed by honorary consuls, and the appointment, relief from duty and activities of honorary consuls.”;

e/ To remove the word “, inspection” in Clause 4.

13. To amend and supplement Point b, Clause 1, Article 33 as follows:

“b/ Notify the representative mission in a receiving country or international organisation of the tentative programme or plan on an external affairs activity at least 7 working days before the activity takes place; in case of requesting assistance from the representative mission, send a request at least 30 days before the activity takes place; in urgent cases or as directed by a competent authority, notify thereof to the representative mission immediately upon the occurrence of the relevant circumstances, clearly stating the reason;”.

14. To add Clause 3 below Clause 2, Article 35 as follows:

“3. Units comprising seconded personnel under a representative mission shall periodically report, or at the request of the head of the representative mission, on the results of their external affairs and the performance of specific tasks assigned by the representative mission.”.

15. To annul Clause 8, Article 4, and Article 28.

Article 2. Implementation provisions

1. This Law takes effect on July 1, 2026.

2. To amend and supplement Clause 11, Article 8 of Law No. 49/2019/QH14 on Exit and Entry of Vietnamese Citizens, which has a number of articles amended and supplemented under Law No. 23/2023/QH15 and Law No. 118/2025/QH15, as follows:

“11. Persons who are currently working in the diplomatic sector and have been conferred diplomatic titles or who are holding diplomatic posts, consular posts or particular diplomatic posts at representative missions under the Law on Overseas Representative Missions of the Socialist Republic of Vietnam.”.

This Law was passed on April 23, 2026, by the 16 National Assembly of the Socialist Republic of Vietnam at its first session.-

Chairman of the National Assembly
TRAN THANH MAN