Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2026 (Amended), No. 8/2026/QH16

LAW

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

Pursuant to the Constitution of the Socialist Republic of Vietnam, which had 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 the Law on Overseas Representative Missions of the Socialist Republic of Vietnam No. 33/2009/QH12, which had a number of articles amended and supplemented under Law No. 19/2017/QH14.

Article 1. Amending and supplementing 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 the strategies, policies, laws, economic development trends, and new areas of cooperation of receiving countries and international organizations in support of international integration, trade, industry, agriculture, investment, development assistance, science, technology, innovation, digital transformation, strategic technologies, environmental protection, healthcare, education, training, tourism, cooperation in human resource utilization, law-making and law enforcement, and other related matters of receiving countries and international organizations; and to report to competent agencies on strategic guidelines and policy decisions of receiving countries and international organizations that may affect the development of Vietnam.

2. To provide information on, and introduce the situation, capabilities, and cooperation needs of, Vietnamese enterprises and enterprises of receiving countries; support the verification, upon request, of information related to economic activities and the legal entity status of enterprises in receiving countries; support Vietnamese enterprises in developing and operating in receiving countries; and proactively forecast economic and trade policies and measures that may be adopted by foreign parties with respect to the Vietnamese State and Vietnamese enterprises.

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

4. To participate in promoting and facilitating cooperation in the fields of trade, investment, cultural industries, and new forms of economic cooperation serving international integration; attracting foreign investment into Vietnam and promoting offshore investment; mobilizing and soliciting development assistance and promoting Vietnamese tourism in receiving countries and international organizations; promoting cooperation in science, technology, innovation, digital transformation, education, training, and healthcare between the Socialist Republic of Vietnam and receiving countries; advocating for the inscription and recognition of cultural heritage by countries and international organizations; developing overseas labor markets; monitoring and promoting the implementation of international commitments; facilitating technology transfer; and attracting experts and scientists to work in and contribute to the national development.”.

2. To amend and supplement the title of Article 8 and a number of clauses of Article 23 as follows:

a) To amend and supplement the title 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 for the interests of the State and the lawful rights and interests of Vietnamese citizens, legal entities, and enterprises, and to perform the consular tasks prescribed in this Article in accordance with Vietnamese law, the laws of receiving countries, and treaties to which the Socialist Republic of Vietnam and receiving countries are the contracting parties, in conformity with international law and practice. To proactively and promptly implement, or recommend to competent agencies the implementation of, appropriate measures for the protection of overseas Vietnamese citizens in emergency or large-scale cases.”;

c) To amend and supplement Clause 4 as follows:

“4. To grant, renew, amend, supplement, and cancel passports and other travel documents valid for entry into and exit from Vietnam in accordance with Vietnamese 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 grant and cancel visas; and to grant, revoke, and cancel certificates of Vietnamese visa exemption in accordance with Vietnamese 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 certain tasks relating to extradition, transfer of sentenced persons, mutual legal assistance in criminal matters, and mutual legal assistance in civil matters in accordance with Vietnamese 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 ties of overseas Vietnamese communities with their homeland and country; encourage overseas Vietnamese to preserve national identity, promote the preservation and dissemination of the Vietnamese language and script, and participate in activities across various sectors of the country’s social life.”.

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

“1. To direct and guide, within its authority, the uniform implementation of foreign policy by representatives of Vietnamese agencies, local authorities, and organizations in receiving countries and international organizations, and by delegations sent by Vietnamese agencies and organizations on official missions to receiving countries and international organizations.”.

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

“4. To participate in and implement digital transformation in the operations and transactions of representative missions in accordance with Vietnamese law, international law, and the 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 staffing quotas allocated to representative missions by competent agencies, the Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and relevant agencies in, formulating a master plan on the organizational structure and staffing quotas of representative missions. The Minister of Foreign Affairs shall submit such master plan to the Prime Minister for approval.”;

b) To amend and supplement Clause 3 as follows:

“3. Based on the master plan approved by the Prime Minister and in light of operational and foreign relations requirements, and after consultation and agreement with relevant agencies, the Minister of Foreign Affairs shall decide on the organizational structure and personnel arrangement for each area within representative missions responsible for the following fields:

a) Politics and foreign affairs;

b) National defense and security;

c) Economy, trade, industry, finance, investment, tourism, labor, science, technology, innovation, digital transformation, digital technology industry, agriculture, environment, and legal affairs;

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

dd) Consular affairs and affairs relating to overseas Vietnamese communities;

e) Administration, protocol, and internal administration;

g) Other fields as prescribed by law.”;

c) To add Clause 4 after Clause 3 as follows:

“4. The Minister of Foreign Affairs shall decide on the reassignment of staffing quotas among representative missions within its management; and on the reassignment of seconded personnel positions among representative missions at the request of the heads of agencies assigning seconded personnel and with the concurrence of the Minister of Home Affairs.

Such reassignment of staffing quotas among representative missions shall be based on operational requirements and duty stations and must not exceed the total staffing quotas 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. State budget estimates, management, use, and final settlement, as well as accounting activities, shall be conducted in U.S. dollars and local currency converted into Vietnamese Dong. The State shall ensure the provision of necessary funding in U.S. dollars for representative missions to perform their assigned functions, duties, and powers.”;

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

“a) Development investment expenditures 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 defense, security, and trade;”;

c) To amend and supplement Clause 3 as follows:

“3. The preparation of estimates and allocation and final settlement of funds for representative missions shall comply with law. The Government shall prescribe in detail the procedures for the procurement, repair, renovation, and upgrading of assets and equipment; expenditures for the lease and procurement of goods and services; the repair, renovation, upgrading, expansion, and new construction of work items under investment and construction projects already 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 follow:

“c) Possessing a thorough understanding of, and the capacity to advise on, direct, and effectively organize the implementation of the State’s foreign policy guidelines and policies; possessing capabilities in synthesis, analysis, and forecasting; possessing the capacity to organize, administer, maintain internal unity, and coordinate with relevant agencies, organizations, and individuals in effectively performing assigned duties; possessing management and professional experience in the field of foreign affairs; possessing the capacity to organize and implement digital transformation; and having held the position of deputy director general of department or an equivalent position or higher, or having been conferred a diplomatic rank of Counselor or above, or being an expert in foreign affairs and international integration recognized in accordance with Government regulations;”.

9. To amend and supplement Article 18 as follows:

“Article 18. Diplomatic posts and consular posts, and specialized 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. Specialized diplomatic posts include:

a) Chargé d’affaires;

b) Defense attaché;

c) Deputy defense attaché;

d) Assistant defense attaché;

dd) Other specialized diplomatic posts by professional field as decided by the Minister of Foreign Affairs at the request of the head of the agency assigning personnel, in conformity with international practice and regulations of receiving countries and international organizations.”.

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

a) To add Clause 2a after Clause 2 as follows:

“2a. To decide on the execution and implementation of cooperation documents between representative missions and foreign partners within the authority and functions and duties of representative missions. The execution and implementation of cooperation documents shall comply with the guidance of the Minister of Foreign Affairs.”;

b) To add Clause 4a after Clause 4 as follows:

“4a. To direct and organize the implementation of digital transformation and technology application, and ensure information safety and cybersecurity in the performance of the functions and duties of representative missions and in the management and operation thereof 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 preferential benefits applicable in cases of assignment to areas affected by armed conflict, natural disaster, dangerous epidemic, or especially difficult working conditions. Allowances for travel expenses and treatment expenses in a third country in cases of natural disaster, dangerous epidemic, or armed conflict directly threatening representative missions;”;

b) To add Clause 1a after Clause 1 as follows:

“1a. In addition to the benefits prescribed in Clause 1 of this Article, members of representative missions shall be entitled to concurrent duty station allowances (if any).”;

c) To amend and supplement Clause 3 as follows:

“3. Minor children accompanying members of representative missions shall be entitled to health insurance coverage, airfare benefits equivalent to those applicable to spouses of members of representative missions, and allowances for travel and medical treatment expenses in a third country in cases of natural disaster, dangerous epidemic, or armed conflict directly threatening representative missions. Children accompanying members of representative missions shall also receive monthly tuition support up to the level of the base living allowance through completion of upper secondary education in receiving countries.”.

12. To amend and supplement the title of Article 32 and a number of clauses of Article 23 as follows:

a) To amend and supplement the title as follows:

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

b) To amend and supplement Clause 6 as follows:

“6. To propose the Prime Minister to submit to the National Assembly Standing Committee for approval of the appointment and dismissal of Ambassadors extraordinary and plenipotentiary; and propose the Prime Minister to submit to the President for assignment and recall of Representatives of the President at international organizations.

To decide on the extension of the term of office of Ambassadors extraordinary and plenipotentiary based on the context, circumstances, and foreign affairs requirements at the relevant duty station, and report such extension to the President, the National Assembly Standing Committee, and the Prime Minister. Such extension shall not exceed 36 months.”;

c) To add Clause 6a after Clause 6 as follows:

“6a. To direct heads of representative missions to return to Vietnam based on foreign affairs or management requirements and, where necessary, report to competent authorities for consideration and decision on the recall or dismissal of heads of representative missions in accordance with law.”;

d) To amend and supplement Clause 7 as follows:

“7. To appoint, extend the terms of office of, and recall members of representative missions, except as provided in Clause 6 of this Article.”;

dd) To add Clauses 8a and 8b after Clause 8 as follows:

“8a. To assume the prime responsibility for, and coordinate with relevant agencies in, determining and adjusting the consular districts of overseas Vietnamese consular representative missions on the basis of agreement with receiving countries. To promulgate regulations on principles governing the handling of consular affairs and the execution of consular documents at representative missions in conformity with the organizational and operational characteristics of representative missions.

8b. To prescribe the establishment, suspension, and termination of operations, functions, duties, and powers of consular representative missions headed by honorary Consuls, and the appointment, dismissal, and activities of honorary Consuls.”;

e) To remove the phrase “, inspection” in Clause 4.

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

 “b) To notify representative missions of proposed programs and plans for foreign affairs activities in receiving countries and international organizations at least 7 working days before such activities take place; requests for support from representative missions must be submitted at least 30 days before the relevant foreign affairs activities; in emergency cases or upon direction from competent authorities, representative missions must be notified immediately upon occurrence, with reasons clearly stated;”.

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

“3. Units of seconded personnel attached to representative missions shall periodically, or upon request of the heads of representative missions, report on the results of foreign affairs activities and specific tasks assigned by representative missions.”.

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

 Article 2. Effect

1. This Law takes effect from July 01, 2026.

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

“11. Persons serving in the diplomatic service who have been conferred diplomatic ranks or hold diplomatic posts, consular posts, or specialized diplomatic posts at representative missions in accordance with the Law on Overseas Representative Missions of the Socialist Republic of Vietnam.”.

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This Law was passed on April 23, 2026, by the XVI^th National Assembly of the Socialist Republic of Vietnam at its 1^st session.

 Chairman of the National Assembly

TRAN THANH MAN