Luật Cơ quan đại diện Việt Nam ở nước ngoài 2009 số 33/2009/QH12

LAW

ON OVERSEAS REPRESENTATIVE MISSIONS OF THE SOCIALIST REPUBLIC OF VIETNAM

(No. 33/2009/QH 12 of June 18, 2009)

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.

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 receiving 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 inter­governmental international organizations.

4. Consular premises means a territorial part of the receiving country which, under the agreement between the Socialist Republic of Vietnam and the receiving 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 receiving countries and international organizations.

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

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

Article 6. Serving national economic development

1. To study receiving 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 receiving countries and international organiza-tions, 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 receiving 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 receiving 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 receiving countries and international organiza­tions: to step up scientific and technological cooperation between the Socialist Republic of Vietnam and receiving 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 receiving countries when requested.

Article 7. Promoting cultural relations

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

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

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

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

6. To organize or jointly organize Vietnamese cultural activities and events in receiving 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 receiving countries and treaties to which the Socialist Republic of Vietnam and receiving 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 receiving countries.

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

4. To grant, extend, modify, renew, re-grant or revoke passports, laisser-passers and other papers valid for entry into and exit out of Vietnam in accordance with law.

5. To grant, extend, modify, re-grant or cancel visas and certificates of Vietnamese visa exemption in accordance with law.

6. To perform tasks related to civil status and child adoption in conformity with Vietnam's laws, laws of receiving countries or treaties to which the Socialist Republic of Vietnam and receiving countries are contracting parties.

7. To perform tasks regarding notarization and certification in accordance with Vietnam's laws and treaties to which the Socialist Republic of Vietnam and receiving countries are contracting parties; to receive and preserve papers, documents and valuable objects of Vietnamese citizens and legal entities when requested, if such request does not contravene laws of receiving countries.

8. To consularly legalize foreign papers and documents which are notarized or certified by competent agencies or persons of receiving countries for recognition and use in Vietnam; to consularly certify papers and documents notarized or certified by Vietnamese agencies or persons for recognition and use in receiving countries.

9. To coordinate with competent agencies or persons of receiving countries in completing procedures for Vietnamese citizens and legal entities to settle matters related to the inheritance of properties or receipt of inherited properties which are helpful to the Vietnamese State.

10. To receive applications and related evidence of Vietnamese citizens and legal entities for subsequent transfer to competent Vietnamese agencies for consideration and settlement.

11. To perform other nationality-related tasks in accordance with law.

12. To carry out citizenship registration for persons holding Vietnamese nationality who reside in receiving countries in accordance with Vietnam's laws and international law and practice.

13. To perform judicial mandate jobs between the Socialist Republic of Vietnam and receiving countries; to transfer and deliver dossiers, papers and documents of Vietnamese courts or other competent procedure-conducting agencies to Vietnamese citizens and legal entities in receiving countries in conformity with Vietnam's laws, laws of receiving countries or treaties to which the Socialist Republic of Vietnam and receiving countries are contracting parties, provided that the performance of these jobs does not affect privileges and immunities of representative missions and their members prescribed by international law and practice.

14. To assist Vietnamese sea-going ships, airplanes bearing Vietnamese nationality and other vehicles registered in Vietnam so that they are entitled to all rights and interests in receiving countries in accordance with laws of the receiving country, treaties to which the Socialist Republic of Vietnam and receiving countries are contracting parties, and international law and practice.

15. To perform tasks regarding epidemic prevention and animal and plant quarantine in conformity with Vietnam's laws, laws of receiving countries, treaties to which the Socialist Republic of Vietnam and receiving countries are contracting parties, and international law and practice.

16. To perform other consular tasks in accordance with Vietnam's laws, laws of receiving countries or treaties to which the Socialist Republic of Vietnam and receiving countries are contracting parties.

Article 9. Supporting and protecting overseas Vietnamese communities

1. To propagate and introduce Vietnam's policies and laws related to overseas Vietnamese.

2. To review and report to competent agencies on the situation of overseas Vietnamese communities as well as mobilization of and support for overseas Vietnamese communities.

3. To propose to competent agencies appropriate policies and measures to maintain the close attachment of overseas Vietnamese communities to the country; to encourage overseas Vietnamese to preserve national identities and participate in all areas of social life in Vietnam.

4. To create conditions for and support overseas Vietnamese to stabilize their lives and integrate themselves into the society in receiving countries; to propose necessary measures to protect lawful rights and interests of overseas Vietnamese and prevent discrimination against overseas Vietnamese communities in receiving countries.

5. To organize or jointly organize cultural activities to serve overseas Vietnamese communities.

6. To propose to competent agencies appropriate forms of commendation for overseas Vietnamese organizations and individuals that record outstanding achievements in community development and national construction.

Article 10. Performing the uniform management of foreign activities

1. To direct and guide according to their competence the uniform implementation of foreign policies by representatives of Vietnamese agencies and organizations in receiving countries and international organizations and delegations sent by Vietnamese agencies or organizations to make working trips to receiving countries or international organizations.

2. To organize, jointly organize and directly participate in foreign activities of the Socialist Republic of Vietnam in receiving countries or international organizations.

3. To take appropriate measures to prevent and immediately report to competent agencies on acts committed by representatives of Vietnamese agencies, organizations or delegations on working visits to receiving countries or international organizations in contravention of foreign policies, thus affecting relations between the Socialist Republic of Vietnam and receiving countries or international organizations.

4. To review and evaluate foreign activities in receiving countries and international organizations; to propose necessary measures to ensure the uniform implementation of the Vietnamese State's foreign policies in foreign countries.

Article 11. Managing personnel and material foundations of representative missions

1. To manage organization and personnel affairs; clerical and archival work and protect state secrets.

2. To manage and economically and effectively use assigned assets and material foundations and allocated funds.

3. To take necessary measures to protect security and safety of their members and head offices.

Article 12. Assigning functions and tasks among representative missions

1. Representative missions shall perform specific functions and tasks under their establishment decisions issued by the Government in conformity with agreements between the Socialist Republic of Vietnam and receiving countries or international organizations and international law.

2. Diplomatic representative missions are the highest-level representative agencies of the Vietnamese State in receiving countries.

A diplomatic representative mission may perform representative functions in one or several countries or international organizations and may perform diplomatic and consular functions and tasks authorized by other countries.

Diplomatic representative missions shall uniformly manage foreign activities of the Socialist Republic of Vietnam in receiving countries and may examine foreign activities carried out by consular representative missions in receiving countries.

3. Consular representative missions shall perform consular functions and tasks in consular premises and may perform these tasks outside consular premises under agreements between the Socialist Republic of Vietnam and receiving countries.

A consular representative mission may perform consular functions and tasks in one or several countries or perform consular functions and tasks authorized by other countries and diplomatic functions and tasks in receiving countries under agreements between the Socialist Republic of Vietnam and receiving countries.

Consular representative missions shall uniformly manage foreign activities of the Socialist Republic of Vietnam in receiving countries when no diplomatic representative mission is based in these countries.

4. A representative mission at an international organization may perform representative functions and tasks at one or several international organizations and may perform some consular tasks in the country where the international organization is headquartered under the agreement between the Socialist Republic of Vietnam and this country.

Chapter III

ORGANIZATIONAL APPARATUS, PAYROLL, FUNDS AND HEAD OFFICES OF REPRESENTATIVE MISSIONS

Article 13. Establishment, suspension and termination of operation

1. Representative missions are established by the Government and directly managed by the Ministry of Foreign Affairs.

2. Based on operational requirements and foreign relations, on the basis of the agreement with receiving countries and international organizations and after consulting concerned ministries, the Ministry of Foreign Affairs shall propose the Government to decide on the establishment, suspension or termination of operation of representative missions.

3. After obtaining the Government's decision, the Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with concerned agencies in. organizing and completing necessary external formalities for the implementation of that decision.

Article 14. Organizational apparatus and payroll

1. 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 scheme on the organizational apparatus and payroll norms of representative missions. The Minister of Foreign Affairs shall submit it to the Prime Minister for approval.

2. The payroll of a representative mission includes cadres, public employees and civil servants of the Ministry of Foreign Affairs and. based on working requirements, cadres, public employees and civil servants of some other relevant agencies who work under the secondment regime in accordance with law (below referred to as officials on secondment).

3. On the basis of the scheme approved by the Prime Minister and requirements for foreign activities and relations, after reaching agreements with relevant agencies, the Minister of Foreign Affairs shall decide on the organizational structure and personnel of each representative mission in charge of the following areas:

a/ Politics;

b/ Defense - security;

c/ Economy, trade, investment, tourism, labor and science and technology;

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

e/ Consular work and affairs of overseas Vietnamese communities;

f/ Administrative and protocol affairs,

Article 15. Funds

1. The State shall ensure necessary funds for representative missions to perform their assigned functions, tasks and powers.

2. Funds for representative missions shall be allocated from the state budget as follows:

a/ Funds for capital construction investment shall be allocated to the Ministry of Foreign Affairs for subsequent allocation to representative missions:

b/ Funds for regular operations shall be allocated to the Ministry of Foreign Affairs for subsequent allocation to representative missions, except those for defense-security activities;

c/ Funds for specialized operations shall be allocated to relevant agencies in charge of these operations. The Government shall specify this Point.

3. The allocation, management, use and finalization of funds of representative missions comply with law.

Article 16. Head offices and material foundations

1. Representative missions have their head offices in receiving countries or countries where receiving international organizations are headquartered. The national flag and emblem of the Socialist Republic of Vietnam must be hung at head offices of representative missions, which also have their name plates.

2. The State shall ensure conditions regarding head offices, material and technical foundations and necessary equipment and facilities for representative missions and their members to perform their assigned functions, tasks and powers. Representative missions are equipped with separate information and communication systems for use to maintain regular and confidential communication with competent agencies and organizations.

Chapter IV

MEMBERS OF REPRESENTATIVE MISSIONS

Article 17. Criteria of members of representative missions

1. Members of representative missions must be cadres, public employees and civil servants as prescribed by law and satisfy conditions set by the Ministry of Foreign Affairs.

This provision does not apply to contractual employees specified in Article 29 of this Law.

2. Members of representative missions must possess political and professional qualifications, foreign language skills and experience suitable to their working requirements.

Article 18. Diplomatic posts and consular posts

1. Diplomatic posts include:

a/ Ambassador extraordinary and plenipotentiary;

b/ Ambassador;

c/ Minister;

d/ Minister-counselor:

e/ Counselor;

f/ First secretary;

e/ Second secretary;

g/ Third secretary;

h/ Attache.

2. Consular posts include:

a/ Consul general;

b/ Deputy-consul general;

c/ Consul;

d/ Deputy consul;

e/ Consular attache.

Article 19. Heads of representative missions

1. The head of a representative mission is the ambassador extraordinary and plenipotentiary or the charge d’affaires, in case the post of ambassador extraordinary and plenipotentiary has not yet been appointed.

2. The head of a consulate general is the consul general. The head of a consulate is the consul.

3. The head of the representative mission at an international organization is the permanent representative, the permanent observer or the President's representative at the international organization.

Article 20. Appointment and recall of heads of representative missions

1. The President may appoint and recall heads of representative missions who are ambassadors extraordinary and plenipotentiary, the permanent representative at the United Nations and representatives of the President at international organizations at the request of the Prime Minister.

2. The Minister of Foreign Affairs may appoint and recall heads of representative missions, except the cases specified in Clause 1 of this Article.

3. The head of a representative mission in a country or at an international organization may be assigned or appointed to concurrently act as head of the representative mission in another country or at another international organization.

Article 21. Responsibilities of heads of representative missions

1. To direct and organize the performance of functions and tasks of representative missions and take responsibility before the President, the Government, the Prime Minister and the Minister of Foreign Affairs for the performance of these functions and tasks; to direct the formulation and implementation of working programs and plans of representative missions.

2. To assign tasks to members of representative missions in conformity with appointment decisions issued by the Minister of Foreign Affairs and working requirements of representative missions; to coordinate with relevant agencies in directing the performance of tasks by officials on secondment; to organize and examine the implementation of entitlements and policies applicable to members of representative missions: to manage labor discipline and evaluate members of representative mission: to carry out commendation, rewarding and disciplining according to their competence or propose competent agencies to do so; to settle complaints and denunciations according to law.

3. To participate in the organization of activities of Vietnam's high-level delegations on working visits to receiving countries or international organizations.

4. To take responsibility for the management and reasonable and economical use of funds and material foundations of representative missions in accordance with law.

5. To organize preliminary and final reviews of and report directly to competent agencies on operations of representative missions; to propose to the Minister of Foreign Affairs measures to improve the organizational apparatus and payrolls of, and entitlements and policies applicable to, representative missions.

6. In case of emergency, to decide on the application of necessary measures to protect the lives, health and properties of members of representative missions and their family members and documents and properties of representative missions and, at the same time, immediately report the case to the Minister of Foreign Affairs.

7. In special cases, to decide to send home members of representative missions who fail to fulfill their tasks or commit acts which cause serious consequences to national security or relations with receiving countries or international organizations and, at the same time, immediately report it to the Minister of Foreign Affairs.

8. To perform other tasks and exercise other powers in accordance with law.

Article 22. Acting heads of representative missions

1. In case the head of a representative mission is temporarily absent or. for other reasons, unable to perform his/her tasks, he/she shall assign a member of the representative mission who is an official of the Ministry of Foreign Affairs holding the immediately lower post at the representative mission to act as acting head of the representative mission and immediately report it to the Minister of Foreign Affairs.

2. The Minister of Foreign Affairs may assign another person to act as acting head of the representative mission.

3. The head of the representative mission or the Minister of Foreign Affairs shall, on a case-by-case basis, introduce the person assigned to act as acting head of the representative mission to the receiving country or international organization.

Article 23. Appointment and recall of other members of representative missions

1. The Minister of Foreign Affairs shall appoint and recall other staff members of representative missions.

2. The procedures for appointment and recall of other staff members of representative missions are specified by the Minister of Foreign Affairs.

Article 24. Responsibilities of members of representative missions

1. To observe Vietnam's laws and comply with regulations of the Ministry of Foreign Affairs and representative missions; to protect and enhance the image, prestige, honor and interests of the Socialist Republic of Vietnam at receiving countries or international organizations.

2. To respect law and traditions and customs of receiving countries; to actively contribute to enhancing the cooperative relationship between the Socialist Republic of Vietnam and receiving countries or international organizations.

3. To abide by the instruction and administration of heads of their representative missions: to report on and take responsibility before heads of their representative missions for the performance of their assigned tasks.

4. To protect state secrets.

5. To refrain from abusing privileges and immunities for personal benefits, adversely affecting the honor and prestige of the Socialist Republic of Vietnam and representative missions. During their working period at representative missions, to be prohibited from conducting professional operations for self-seeking purposes.

Article 25. Responsibilities of family members

1. To comply with Clauses 1, 2 and 4,  Article 24 of this Law.

2. To refrain from abusing privileges and immunities for personal interests, adversely affecting the honor and prestige of the Socialist Republic of Vietnam and representative missions.

Article 26. Entitlements applicable to members of representative missions and their spouses

1. During their working period at representative missions, members of representative missions and their spouses who are sent to work for a given term at representative missions are entitled to:

a/ Salaries and allowance: housing benefits: social insurance, health insurance and annual leaves as prescribed by law:

b/ Allowances in case of injury or death;

c/ Allowances and incentives, for those who work in areas with armed conflicts or catastrophes caused by natural disasters or epidemics or work under extremely difficult conditions.

2. Female members of representative missions or wives of members who are sent to work for a given term at representative missions together with their spouses, when giving birth to children, are entitled to maternity benefits as prescribed by law. The maternity leave period of female members of representative missions is counted in their working term.

Article 27. Working term

1. The working term of members of representative missions is 36 months and may be extended in necessary cases specified in Clause 7, Article 32 of this Law.

2. Within 3 months after the expiration of their working term, members of representative missions and their spouses sent to work at representative missions who are cadres, public employees and civil servants and have not yet reached the retirement age shall be received back and re-employed by agencies or organizations where they worked before they are sent to work at representative missions.

Article 28. Honorary consuls

1. If requirements for consular work arise but there are insufficient conditions for establishing a consular representative mission or appointing consular officials, the Minister of Foreign Affairs may appoint a honorary consul.

2. Procedures for appointment, termination of operation, functions, tasks and powers of honorary consuls comply with law.

Article 29. Contractual employees

1. Representative missions may employ residents in countries where their head-offices are located to work as contractual employees.

2. Rights and obligations of contractual employees are specified in the recruitment contracts.

Chapter V

DIRECTION, MANAGEMENT, SUPERVISION AND COORDINATION IN OPERATIONS OF REPRESENTATIVE MISSIONS

Article 30. Direction and management of representative missions

1. The Government shall perform the unified state management of representative missions.

2. The President, the Government and the Prime Minister shall direct operations of representative missions.

3. The Ministry of Foreign Affairs shall take responsibility before the Government for the state management of representative missions; directly manage, instruct and administer the organization and operation of representative missions.

Article 31. Supervision of representative missions

The National Assembly and its agencies and National Assembly deputies shall exercise the right to supervise operations of representative missions in accordance with law.

Article 32. Responsibilities of the Minister of Foreign Affairs

1. To promulgate according to his/her competence or propose to competent agencies for promulgation legal documents on representative missions.

2. To study and propose to the Government for approval policies on negotiation and conclusion of. accession to, and implementation of treaties on representative missions.

3. To propose to the Prime Minister for approval the scheme on the organizational apparatus and payrolls of representative missions.

4. To direct, examine and inspect the implementation of foreign policies and the performance of functions and tasks by representative missions and their members in accordance with law.

5. To organize the implementation of laws on representative missions.

6. To request the Prime Minister to propose the President to send and recall ambassadors extraordinary and plenipotentiary, the permanent representative at the United Nations and representatives of the President at international organizations.

7. To appoint, prolong the term of and recall members of representative missions, except cases specified in Clause 6 of this Article. To appoint and terminate the operation of honorary consuls.

8. To organize and direct the coordination of activities between representative missions and relevant agencies and organizations at home and abroad.

9. To perform the management and use of material and technical foundations and funds of representative missions.

10. To conduct commendation and disciplining work and settle complaints and denunciations in accordance with law.

Article 33. Working coordination between Vietnamese agencies and organizations and representative missions

1. Vietnamese agencies and organizations shall:

a/ Provide necessary information in service of foreign activities of representative missions;

b/ Promptly notify representative missions of tentative programs and plans on foreign activities in receiving countries and international organizations:

c/ Coordinate with representative missions in organizing their foreign activities in receiving countries or international organizations;

d/ To coordinate with representative missions in directing foreign activities of their representatives in receiving countries or international organizations.

2. In case representative missions deal with affairs in specialized management areas if representative missions hold opinions different from those of relevant agencies and organizations, heads of representative missions may make final decisions and. at the same time, immediately report them to the Ministry of Foreign Affairs and notify it to relevant agencies and organizations.

Article 34. Working coordination between delegations on working visits abroad and representative missions

Delegations sent on working visits abroad shall promptly inform their working agenda in receiving countries or at international organizations to representative missions for coordination and notify results of their activities to representative missions after completing their working visits.

Article 35. Working coordination between managing agencies of officials on secondment and representative missions

1. Managing agencies of officials on secondment shall coordinate with representative missions in formulating working programs and plans of representative missions with regard to professional domains under their management and provide professional guidance to officials on secondment through heads of representative missions, except in special cases.

2. Representative missions shall coordinate with managing agencies of officials on secondment in directing, managing and evaluating the performance of tasks by these officials.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 36. Effect This Law takes effect on September 2, 2009.

1. The November 13, 1990 Ordinance on Consular Affairs and the December 15, 1993 Ordinance on Overseas Representative Missions of the Socialist Republic of Vietnam cease to be effective on the effective date of this Law.

2. This Law was passed on June 18, 2009, by the XII^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.