Laws of Vietnam

Pursuant to the Law on Organization of the Government on the 30th of September 1992;

Pursuant to the Ordinance on the Representations of the Socialist Republic of Vietnam in Foreign Countries issued on the 2nd of December 1993;

At the proposal of the Minister for Foreign Affairs,

DECREES:

Chapter I

ORGANIZATION AND APPARATUS OF THE REPRESENTATION OF THE SOCIALIST REPUBLIC OF VIETNAM IN FOREIGN COUNTRIES

1/ The representations of the Socialist Republic of Vietnam in foreign countries (representations for short) include: the diplomatic representations, the permanent missions at international, inter-governmental organizations, and the consulates.

2/ In a number of necessary cases, the representations may have another calling by mutual agreement between Vietnam and the host country with a view to discharging part or the whole of the mission and powers defined at Article 7 of the Ordinance on the Representations of the Socialist Republic of Vietnam in Foreign Countries (Ordinance for short).

The Prime Minister shall decide on the operating regulation of the representations stipulated at Item 2 of this Article at the proposal of the Minister for Foreign Affairs.

3/ Except for the representations stipulated at Items 1 and 2 of this Article, no other agency has the qualification and authority to carry out the functions and tasks of a State management office in a foreign country.

1/ Basing himself on the need of external activities and the prospects for the development of relations between Vietnam and each country or international organization, the Minister for Foreign Affairs shall propose to the Prime Minister the establishment or suspension of a representation of Vietnam in a foreign country.

2/ The Minister for Foreign Affairs is to undertake the necessary diplomatic procedures to carry out the decision of the Prime Minister stated at Item 1 of this Article.

1/ Basing himself on the decision of the Prime Minister on the establishment of a Vietnamese representation in a foreign country, the Minister for Foreign Affairs shall discuss with the Minister-Head of the Government Commission on Organization and Personnel, and consult the Heads of the concerned agencies, then submit to the Prime Minister for consideration and decision, on the organization, apparatus and personnel of the representation. The decision shall clearly specify the title and norms of each working department of the representation, and the size of the staff of each ministry, ministerial-level agency or agency attached to the Government which needs to assign specialized personnel to assume different areas of work at the representation.

2/ In case of an urgent need of external relations, the Minister for Foreign Affairs may adjust the number of staffs between different representations in the framework of the overall staff approved for the Ministry for Foreign Affairs by the Prime Minister. With regard to the staffs of other ministries and ministerial-level agencies in the representation, the Minister for Foreign Affairs may also adjust them after consulting with the Ministers and heads of the concerned agencies.

3/ The stipulations at Item 1 of this Article shall apply also to the adjustments and supplements to the staffs of the representations already established abroad.

1/ Basing himself on the extent and importance of each area of the relations between Vietnam and the host country or international organization, the Minister for Foreign Affairs shall decide the sending of the officials and the diplomatic ranks of the government officials of different departments in the representation as stipulated at Article 10 and Article 17 of the Ordinance.

2/ When necessary, the Head of the representation may adjust the division of work among the officials and staff members in different departments of the representation, to make it conform with the need of the work in each period, but this should not affect the professional work of the departments. The concerned officials and staff members must abide by the assignment of work by the Head of the representation.

1/ Criteria for officials of the representation:

a/ He/she must be a Vietnamese citizen residing in Vietnam without foreign spouses or parents;

b/ He/she must be a State employee of Vietnam;

c/ He/she must be loyal to the Fatherland and the national interests;

d/ He/she must have the theoretical level from the primary course upward, have a firm political stand and good moral qualities;

e/ He/she must firmly grasp and can apply correctly the State s external line and policies as well as the guidelines of the work in the domain of his/her responsibility;

f/ He/she must have the university degree and the necessary professional knowledge and command of foreign languages in order to perform the assigned tasks.

2/ Criteria for staff members of the representation:

They must be loyal to the Fatherland, have a good political stand, good moral qualities and a professional level corresponding with the assigned tasks.

Article 6.- When necessary, the Head of the representation may recruit Vietnamese who have settled in the host country and foreigners as staff members of the representation with in the approved size of the personnel.

1/ The term of office of an official or staff member of a representation is three years.

2/ In special cases and at the proposals of the Head of the representation and the Head of the personnel management office (with regard to those officials and employees outside the payrolls of the Ministry for Foreign Affairs), the Minister for Foreign Affairs may consider and decide the extension of the term of office of an official or employee of the representation. The extension must not exceed 18 months.

1/ The appointment of the Ambassador Extraordinary and Plenipotentiary, the Consul Extraordinary and Plenipotentiary and the Head of the Permanent Mission at the United Nations is effected as follows:

a/ The Minister for Foreign Affairs suggests the nomination to the Prime Minister on the basis of the criteria stipulated at Article 5 of this Decree after consulting the concerned agencies.

b/ The Prime Minister considers the nomination and submits it to the President of Republic for decision.

The Ministry for Foreign Affairs shall undertake the necessary diplomatic procedures with the host country or the General Secretary of the United Nations, after the nomination is approved by the President of the Republic.

2/ In case the Head of the diplomatic representation in a country is also assigned to head the diplomatic representation in another country or to head the permanent mission at an international organization, the Ministry for Foreign Affairs shall have to carry out the necessary diplomatic procedures.

3/ At the proposal of the Minister for Foreign Affairs, the Prime Minister shall propose to the President of the Republic the recall of an ambassador extraordinary and plenipotentiary, a consul extraordinary and plenipotentiary or the Head of the Permanent Mission at the United Nations.

The Ministry for Foreign Affairs shall undertake the necessary diplomatic procedures with the host country or the General Secretary of the United Nations after the President of the Republic has approved the recall.

1/ In case the appointment of the Head of the diplomatic representation or the Head of the permanent mission at an international organization does not come under the stipulations of Item 1 of Article 8 of this Decree, the Minister for Foreign Affairs shall base himself on the criteria stipulated at Article 5 of this Decree to decide on each concrete case and shall perform the necessary diplomatic procedures with the host country or the Head of the international organization.

2/ In case the Minister for Foreign Affairs decides to recall the persons mentioned at Item 1 of this Article, the Ministry for Foreign Affairs shall perform the necessary diplomatic procedures with the host country or the Head of the international organization.

Article 10.- The Charge d Affaires and interim in a country with the posting of an ambassador extraordinary the plenipotentiary shall be presented to the host country by the Ambassador Extraordinary and Plenipotentiary or the Ministry for Foreign Affairs.

The Acting Head of the permanent mission at an international organization shall be presented by the Head of the Permanent Mission or the Ministry for Foreign Affairs to the Head of the international organization.

Article 11.- The Minister for Foreign Affairs shall appoint, recall or assign officials and personnel of a representation except the Ambassador Extraordinary and Plenipotentiary, the Consul Extraordinary and Plenipotentiary and the Head of the Permanent Mission at the United Nations.

The recall of the officials and personnel of the representation shall be effected in the following cases:

a/ Conclusion of office term:

b/ Incapable of accomplishing his/her mission;

c/ Physically unfit, or for special reasons;

d/ The host country refuses to accept him/her or declares them persona non grate.

1/ The appointment or assignment of officials and personnel outside the payrolls of the Ministry for Foreign Affairs to a representation, shall be effected as follows:

- Basing themselves on the size of the personnel already approved by the Prime Minister and the criteria defined in Article 5 of this Decree, the ministry, the ministerial-level agency or the agency attached to the Government, is responsible for selecting and appointing the officials or personnel to the Ministry for Foreign Affairs.

- Basing himself on the need of the work and the proposal of the Head of the concerned agency, the Minister for Foreign Affairs shall decide the sending of officials and the diplomatic status or the assignment of personnel to the representation.

2/ The recall or assignment of the officials and personnel outside the payrolls of the Ministry for Foreign Affairs shall be made in consultation with the Head of the controlling agency of this official or personnel.

1/ The hierarchy of the diplomatic officials in the representation is arranged according to the stipulations in Article 11 of the Ordinance and Article 13 of this Decree.

2/ The second-in-command in the representation must be a diplomatic official on the payrolls of the Ministry for Foreign Affairs.

3/ The specialized counselor and the military attaché at the representation are ranked after the second-in-command and the political counselor.

4/ The diplomatic official in charge of external political relations is graded above other officials with the same diplomatic rank. The remaining diplomats with the same rank shall be graded according to the order of time of their assignments at the representation.

1/ The expenditures of the representation comprises the expenditures on maintaining the activities of the representation and the expenditures on the cost of living of its staff in accordance with the current expenditure regime of the State.

2/ The Head of the representation, basing himself on the activities of its departments, shall draw up the annual plan for budgetary revenues and expenditures and submit it to the Minister for Foreign Affairs. He shall also manage the use of the expenditures and property of the representation in accordance with the regime and policy of the State, and shall draw up monthly balances of accounts and send them to the Minister for Foreign Affairs.

3/ The Minister for Foreign Affairs shall have to examine and draw up the annual revenue-expenditure plan, approve the annual financial statements of the representations and send them to the Ministry of Finance according to the current regulations.

Chapter II

TASKS AND POWERS OF THE REPRESENTATION AND THE HEAD OF THE REPRESENTATION

Article 15.- Tasks and powers of the representation:

1/ To protect the interests of the State, of the economic and social organizations and citizens of Vietnam in the host country, on the basis of Vietnam law, the law of the host country and in conformity with international law and practice.

2/ To suggest to the concerned agencies in Vietnam about policies and measures, and the negotiations and signing of international treaties with the host country in order to protect the interests of the Vietnamese State, organizations and citizens in that country.

3/ To receive the proposals and information from Vietnamese economic and social organizations and citizens asking the Vietnamese representation in the host country to protect their legitimate rights and interests whenever they are violated.

4/ To organize the study of the situation in all fields of the host country, the possibilities and extent for development of the relations between Vietnam and the host country or the host international organization, and report them to the Ministry for Foreign Affairs and other concerned agencies at home.

5/ To suggest to the Ministry for Foreign Affairs and the concerned agencies in Vietnam about the policies and measures aimed at developing the relations of friendship and promoting the cooperation in the domains of economy, trade, culture, science, technology, investment, tourism and others in conformity with the capabilities and policies of both sides; to win the maximum international support and aid for the cause of national construction and defense.

6/ To create all favorable conditions for and to support the Vietnamese agencies and organizations and Vietnamese abroad in their relations with the concerned agencies and organizations in the host country or international organization, in conformity with Vietnam law and the law of the host country.

7/ To request the concerned agencies at home to supply information, printed matters and documents to introduce the Vietnamese land and people and Vietnam’s policies and lines in various domains, so that the representation may have the conditions to carry out well its information and cultural activities in the host country with a view to enhancing its understanding and its friendly cooperation with Vietnam.

8/ The diplomatic representation and the consulate office have the responsibility to protect the lawful rights and legitimate interests of Vietnamese citizens and Vietnamese residents in the host country, on the basis of the la w of the host country and international practice and in conformity with Vietnamese law; to report to the concerned agencies at home about the situation and activities in the mobilization of the Vietnamese community in the host country; to suggest appropriate policies aimed at helping them preserve their feelings and relations of attachment to the homeland and make contributions to the cause of national construction and to the development of friendly relations with the people and government of the host country.

Article 16.- Tasks and powers of the Head of the representation:

1/ To organize the implementation of the decisions and instructions of the President of the Republic, the Prime Minister and the Minister for Foreign Affairs on external activities.

To provide services for the high-level Vietnamese delegations on official friendly visits, working visits or to attend conferences and seminars held by the host country or international organizations.

To manage, direct and organize the implementation, or to co-sponsor the management, guidance and organization of the implementation of other external activities in the capacity of the Vietnamese State in the host country or international organization.

2/ To manage and direct the officials and personnel of the representation and create all favorable conditions for them to accomplish their duties, to fully implement the State policy with regard to these officials and personnel.

3/ To guide and assist the Vietnamese agencies and organizations outside the organizational structure of the representation as well as Vietnamese citizens in the host country in their implementation of the external policy of the Vietnamese State with regard to the host country.

Article 17.- Besides the obligations stipulated at Article 9 and Article 16 of the Ordinance, the officials and personnel of the representation also have the obligations:

1/ To strictly abide by the regulations on the preservation of national secrets;

2/ To preserve and enhance internal solidarity;

3/ To preserve the representative dignity of the Vietnamese State and nation.

Chapter III

STATE MANAGEMENT OF THE ACTIVITIES OF THE VIETNAM’S REPRESENTATIONS IN FOREIGN COUNTRIES

1/ The Government exercises unified State management of the representations, decides to establish or suspend them, decides on their organization and staffs, defines their functions and tasks, and directs and manages the whole of their activities.

2/ The Ministry for Foreign Affairs has the duty:

- To exercise the function of State management toward the representations:

- To prepare the draft laws and ordinances and other legal documents on the representations:

- To submit to the Prime Minister the plan for the establishment, the operating statute and the staff of the representation as stipulated at Articles 1, 2 and 3 of this Decree:

- To appoint, assign and arrange the personnel of the representation as stipulated at Articles 4, 11, 12 and 13 of this Decree:

- To direct, inspect and guide the activities of the representation aimed at ensuring strict abidance to the external line and policies of the State, and the function and tasks of the representation and its officials and personnel:

- To issue the necessary documents to guide and control the implementation of the legal documents of the State on the representations;

- To regulate and coordinate the activities of various agencies at home in their working relations with the representation aimed at ensuring the unified management of the Government in the external activities abroad;

- To direct the management of the properties, financial revenues and expenditures of the representation as stipulated at Article 14 of this Decree and other current regulations of the State:

- To issue commendations and rewards and to handle violations under the purview of its responsibilities and powers.

Article 19.- The heads of the agencies and economic and social organizations at the Center and the presidents of the People's Committees in provinces and cities directly under the Central Government have the responsibility to inform, through the Ministry for Foreign Affairs, the representations about questions concerning the relations of cooperation among the agencies, organizations and localities with the agencies and organizations of the host countries or international organizations, and cooperate with the representation in directing the external activities of the agencies, organizations and localities in foreign countries.

1/ The Minister and heads of ministerial-level agencies and the agencies attached to the Government having their employees working at the representations, shall have to supply information and closely collaborate with the Ministry for Foreign Affairs in providing professional guidance in the areas of work under the management by their ministries or agencies.

2/ In urgent cases, when the need arises to handle an affair pertaining to the control of a specialized agency at home differs with that of the Head of the representation abroad, and pending the reconciliation of the two opinions, the affair shall be decided by the Head of the representation who shall take responsibility and report the decision immediately to the Minister for Foreign Affairs and the Head of the specialized agency at home. All the officials and personnel stipulated at Item 1 of this Article shall have to implement the decision of the Head of the representation.

Article 21.- The Head of the representation has the responsibility:

1/ To receive and carry out all orders, decisions and instructions of the President of the Republic, the Prime Minister and the Minister for Foreign Affairs.

To report in time to the President of the Republic, the Prime Minister and the Minister for Foreign Affairs when questions arise concerning security and national defense, and the undertaking and policies of a strategic significance of the host country or the international organization bearing on or affecting Vietnam.

To regularly report to the Minister for Foreign Affairs on the activities of the representation, on the situation in all fields of the host country or international organization and their relations with Vietnam.

2/ Through the Ministry for Foreign Affairs, to receive and direct the implementation of the work requirements of the Heads of the State agencies at the Center, of the provinces and cities directly under the Central Government and of the economic and social organizations at the Center, and to report to the Heads of these agencies and organizations about relevant matters.

Article 22.- The representative offices or branches of Vietnamese economic and social organizations established in foreign countries and not belonging to the organizational structure of the representation, shall have to report their work to the Head of the representation in their activities and its protection for their rights and interests.

In case the activities of the said representative office or branch do not conform with the external line and policy and cause damage to the national interests, or do not conform with Vietnamese law and the law of the host country, the Head of the representation may order the temporary suspension of the activities of this representative office or branch. At the same time he shall immediately report to the country so that the Minister for Foreign Affairs together with the Head of the concerned agency may consider and take an official decision.

Article 23.- Vietnamese citizens who go abroad for whatever mission or purpose, have to obey the leadership and administrative State management by the representation as prescribed by law.

Chapter IV

HANDLING OF VIOLATIONS

Article 24.- Any official or personnel of a representation who violates the regulations stipulated in the Ordinance and this Decree shall, depending on the extent of their offences, be sanctioned as stipulated in Article 29 of the Ordinance. They may have to return to the country before term, be demoted, stripped of their ranks or their diplomatic status and barred from further external relations work.

1/ The Minister for Foreign Affairs shall decide the form of discipline regarding the officials and personnel of the representation as stipulated at Item 5, Article 22 of the Ordinance.

2/ The Minister for Foreign Affairs shall have to consult the Head of the controlling agency, when the discipline applies to an official or personnel outside the payrolls of the Ministry for Foreign Affairs.

Article 26.- The Head of the representation is authorized to repatriate urgently Vietnamese officials, personnel and other citizens in the following cases:

1/ They have taken acts damaging to the security or national secrets of Vietnam;

2/ They have exhibited clear evidences of desertion or betrayal to the Motherland;

3/ Their continued presence shall endanger the representation or the Vietnamese community.

4/ They are declared persona non grate by the host country or the latter refuses to accept them for their violations of the law of the host country.

Article 27.- The Minister for Foreign Affairs is authorized to repatriate urgently the Head of the diplomatic representation and the Head of the Permanent Mission at the United Nations in the following cases:

1/ They have taken actions stipulated at Article 26 of this Decree.

2/ They have not scrupulously carried out the orders and instructions for work and caused serious consequences.

1/ The disciplined persons may file their protests as stipulated by law.

2/ Any person who misuses their position or powers to wrongly discipline an official or personnel of the representation, or other Vietnamese officials, staff members and citizens in a foreign country, shall, depending on the extent of their offenses, be subjected to discipline, have to pay compensations for the material damage or investigated for penal liability.

Chapter V

IMPLEMENTATION PROVISIONS

Article 29.- To create conditions for them to accomplish their tasks, the members of the representation enjoy the following preferential treatments from the State:

a/ They are assured of the conditions and means for their work, food and accommodation.

b/ At the border gates of Vietnam, the State agencies shall respect the status of the diplomatic officials. When entering or leaving Vietnam, the members of the representation and their accompanying family members (including wife or husband and under-age children) who carry diplomatic passports, shall be exempted from customs declarations and checks of their personal luggage.

When there are grounds to affirm that their personal luggage contains objects banned from export or import, this luggage may be inspected by written decision of the authorized level in the presence of the owner of the luggage.

Article 30.-This Decree takes effect as from the date of its signing. All the previous regulations which are contrary to this Decree are now annulled.

The Minister for Foreign Affairs shall guide, monitor and inspect the implementation of this Decree.

Article 31.- The Ministers, the heads of ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People s Committees in provinces and cities directly under the Central Government and heads of the Vietnamese representations in foreign countries have to implement this Decree.

For the Government

Prime Minister

VO VAN KIET