Chương II Luật Cơ quan đại diện Việt Nam ở nước ngoài 2009: Nhiệm vụ, quyền hạn của cơ quan đại diện

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.