The Decree provides guidelines on Clause 2 Article 36 of the Ordinance on privilege and immunity for diplomatic missions, consular missions, and representative missions of international organizations in Vietnam dated August 23, 1993 in terms of procedures for approval of foreign honorary consuls in Vietnam and operational guidelines of foreign honorary consuls in Vietnam.
Honorary consulates and honorary consuls are allowed to carry out consular functions only in specific consular districts in Vietnam after obtaining exequatur from the Ministry of Foreign Affairs on the basis of adherence to international and Vietnamese regulations and laws.
Honorary consuls will carry out some or all of consular functions mentioned under the 1963 Vienna Convention on Consular Relations under authorization of the sending countries and approval of Ministry of Foreign Affairs.
Honorary consuls will carry out consular functions for the sole purpose of promoting relationship between the sending country and Vietnam instead of personal goal or economic profit.
Honorary consuls may simultaneously perform consular functions designated by the sending countries and conduct personal professional or commercial activities in Vietnam while adhering to international agreements to which the sending country and Vietnam are signatories.
Honorary consulates and honorary consuls will not be eligible for privilege and immunity applicable to honorary consuls when operating beyond the scope of consular functions or when carrying out personal businesses or commercial activities in Vietnamese territory; shall not use the title of honorary consul for personal professional or commercial activities or activities beyond the scope of consular functions.
A sending country will send a diplomatic note directly to the Ministry of Foreign Affairs to request approval for the establishment of a foreign honorary consulate in Vietnam. The diplomatic note must specify the need for establishment of the foreign honorary consulate in Vietnam and the title thereof.
Within 10 days from the date on which the Ministry of Foreign Affairs receives the diplomatic note, the Ministry of Foreign Affairs will consult Ministry of Public Security, Ministry of National Defense, and relevant authorities regarding policies on permitting establishment of foreign honorary consulates in Vietnam. Consulted authorities shall send their remarks to the Ministry of Foreign Affairs within 15 days from the date on which they receive written request of the Ministry of Foreign Affairs.
Within 30 days after receiving remarks of Ministry of Public Security, Ministry of National Defense, and relevant authorities, the Ministry of Foreign Affairs will decide to establish an honorary consulate on the basis of regulations and law, consular relations, nature of the relations, assurance of national defense and security, social order, and adherence to the law and international practice.
In case the consulted authorities have varying remarks in the matter or the establishment of the honorary consulate requires consideration in terms of national defense and security, the Ministry of Foreign Affairs shall report to the Prime Minister.
The Ministry of Foreign Affairs will inform the sending country about whether the establishment of the foreign honorary consulate in Vietnam is approved or not.
In order to be approved as an honorary consul, a person must:
- Have nationality of the sending country or Vietnam. The case of a person who has nationality of a third country or more than one nationality requires consent of the Ministry of Foreign Affairs in accordance with procedures under Clause 2 Article 5. Said consent can be withdrawn at any time without reason. In this case, the Ministry of Foreign Affairs shall inform the sending country via a diplomatic note.
- Reside in Vietnam or has been residing, working for at least 1 year in a consular district.
- Is not a public official, official, public employee, or employee paid by the state budget of any country.
- Situate head office or residence within consular district of the consulate which the individual is expected to head.
- Have clear judicial record.
- Have financial capacity and social credibility.
Honorary consuls who have made numerous contributions to the development of bilateral relationship between Vietnam and the sending country shall be eligible for consideration in accordance with Vietnamese regulations and law.
Honorary consuls approved before the effective date hereof shall continue until the end of their term of recognition.
Honorary consul identity cards that have not expired and have been issued before the effective date hereof shall be available for use until they expire.
Applications for issuance of honorary consuls which have been submitted before the effective date hereof and have not been resolved shall be processed in accordance with this Decree.
The Decree comes into force from June 1, 2022.
Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, relevant agencies, organizations and individuals are responsible for the implementation of this Decree.
The Ministry of Foreign Affairs, within their functions and tasks, are responsible for organizing implementation of this Decree.