Chương IV Luật Cơ quan đại diện Việt Nam ở nước ngoài 2009: Thành viên cơ quan đại diện

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.