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| THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM | SOCIALIST REPUBLIC OF VIET NAM |
| No. 25-L/CTN | Hanoi, August 23rd, 1993 |
According to Article 91 of the 1992 Constitution of the Socialist republic of Vietnam,
This Ordinance defines the privileges and immunities relating to the diplomatic missions, consular posts and representative offices of international organisations in Vietnam in accordance with the international treaties concluded or adhered to by Vietnam, and with international customs.
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a) To respect laws and regulations, customs of Vietnam;
b) Not to interfere in Vietnam's internal affairs;
c) Not to use the premises of the mission and the residence of its members for the purposes incompatible with the functions of the mission.
2. Diplomatic agents and career consular officers shall mot practise any professional or commercial activity for personal profit in Vietnam.
In this Ordinance, the following expressions shall have the meanings hereunder assigned to them.
Expressions concerning diplomatic mission:
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b) The " premises of the mission" are the buildings or parts of buildings and the land ancillary used for the official purposes of the mission including the residence of the head of the mission.
c) the " official correspondence" of the diplomatic mission means all correspondence concerning the diplomatic mission and its functions.
d) The " head of the mission" is the ambassador, minister or charge d'affaires charged by the sending State with the duty of acting in that capacity.
e) The " member of the staff of the mission" are the members of the diplomatic staff, of the administrative and technical staff and off the service staff of the mission.
g) the " members of the diplomatic staff" are members of the mission having diplomatic rank, including the head of the mission.
h) The " members of the administrative and technical staff" of the mission are the members of the staff of the mission engaged in the administrative and technical work of the mission.
i) The " members of the family" of the diplomatic agent and of the administrative and technical staff are their spouses and children under 18 years old forming part of their households.
k) The "members of the services staff" of the mission are the members of the staff of the mission in the domestic service of the mission.
l) A " private attendant" is a person in the private employment for a member of the mission and paid by that member.
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a) " Consular post" means foreign consulate-general, consulate, vice consulate or consular agency in Vietnam.
b) " Consular district" means the area assigned to a consular post for the exercise of consular functions.
c) " Consular premises" means the building or parts of buildings and the land ancillary there to used exclusively for the purposes of the consular post.
d) " Official correspondence" of the consular post includes all correspondence concerning the consular post and its functions.
e) " Head of consular post" means the person charged by sending State with the duty of acting in that capacity.
g) " Members of the consular post" means consular officers, consular employees and members of the service staff.
h) " Consular officer" means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions.
i) " Consular employee" means any person employed in the administrative or technical service of a consular post.
k) The "members of the family" of the consular officer and of the consular employee are their spouses and children under 18 years old forming part of their households.
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l) " Member of the private staff" means a person who is employed exclusively in the private service of a member of the consular post and is paid by that member.
PRIVILEGES AND IMMUNITIES GRANTED TO DIPLOMATIC MISSIONS.
2. The premises of the mission shall be inviolable. The Vietnamese authorities may not enter them, except with the consent of the head of the mission or other members of the mission authorised by him.
3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, confiscation, attachment or execution.
4. The Vietnamese authorities concerned shall take appropriate measures to protect the premises of the mission against any intrusion or damage.
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2. The fees and charges levied by the mission in the course of its official duties in Vietnam shall be exempt from all dues and taxes.
The archives and documents the diplomatic mission shall be inviolable.
However, the mission may install and use a wireless transmitter only with the consent of the Vietnamese Government.
2. The official correspondence of the mission shall be inviolable.
3. The diplomatic bag shall not be opened or detained. Diplomatic bag may include one or more than one packages. The packages constituting the diplomatic bag must be sealed and bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use.
4. The diplomatic courier shall enjoy personal inviolability and be protected by Vietnamese State in the performance of his functions. He shall be provided with an official document indicating his status and the number of packages constituting the diplomatic bag
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6. A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at an authorised port of entry. He shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered to be a diplomatic courier. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft.
2. His papers, correspondence and, except as provided in paragraph 3 of Article 12 of this Ordinance, his property, shall likewise enjoy inviolability.
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a) A real action relating to private immovable property situated in Vietnamese territory in which he is involved as a private person;
b) An action relating to succession in which he is involved as a private person;
c) An action relating to any professional or commercial activity exercised by the diplomatic agent in Vietnam outside his official functions.
2. A diplomatic agent is not obliged to give evidence as a witness. If he volunteers, the way to give evidence is up to him.
3. No measures of execution may be taken in respect of a diplomatic agent except in the case coming under sub-paragraph a, b and c of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence.
2. The initiation of proceedings by a person mentioned in paragraph 1 of this Article shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
3. Waiver of immunity from civil or administrative jurisdiction as provided in paragraph 1 of this Article shall not be held to imply waiver of immunity in respect of the execution of the judgement and administrative sanctions, for which a separate waiver shall be necessary.
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A diplomatic agent shall be exempt from all dues and taxes, except:
a) Indirect taxes;
b) Dues and taxes on private immovable property situated in Vietnam's territory;
c) Dues and taxes on succession or inheritance;
d) Dues and taxes on private income having its source in Vietnam;
e) Charges levied for specific services rendered;
g) Registration, court or record fees, mortgage dues and stamp duty with respect to immovable property, except provisions of paragraph 1 of Article 6 of this Ordinance.
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a) Articles for the official use of the mission;
b) Articles for the personal use of a diplomatic agent including article intended for his establishment;
2. Types, quantities and amounts of imported articles mentioned above, as well as their re-exportation and transfers in Vietnam shall be in accordance with regulations of the Vietnamese State.
3. The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this Article, or article the import or export of which is prohibited by the law or controlled by the quarantine regulations of Vietnamese State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorised representative.
2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, shall, if they are not nationals of or permanently resident in Vietnam, enjoy the privileges and immunities specified in Articles 10 to 15 of this Ordinance; however the provision of paragraph 1 of Article 12, will be applied only when people mentioned-above are in the exercise of official functions. They shall also enjoy the privileges and immunities specified in Article 16, paragraph 1, in respect of article imported at the time of first installation.
3. Members of the service staff of the mission who are not nationals of or permanently resident in Vietnam shall enjoy immunities in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment.
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2. In case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave Vietnam.
3. In the event of the death of a member of the mission not a national of or permanently resident in Vietnam or a member of his family forming part of his household, Vietnam shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in Vietnam the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in Vietnam was due solely to the presence there of the deceased as a member of the mission or as a member of the family of a member of the mission.
2. If diplomatic relations are broken off between Vietnam and other State, or if a mission is permanently or temporarily recalled, Vietnam shall:
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b) The sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to Vietnam.
PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS
2. The consular premises shall be inviolable.
3. Vietnamese State shall take appropriate measures to protect the consular premises against any intrusion or damage.
4. The Vietnamese authorities may enter the premises only with the consent of the head of the consular post or of his designee or of the head of the diplomatic mission of the sending State. The consent of the head of the consular post may, however, be assumed in case of fire or other disasters requiring prompt protective action.
5. The premises of the consular post, their furnishings and other property thereon and its means of transport shall be immune from any form of requisition for purposes of national defence, security or public utility. If expropriation is necessary for such purposes all possible steps shall be taken to avoid impeding the performance of consular functions, and prompt, adequate and effective compensation shall be paid to the sending state.
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The consular archives and documents shall be inviolable.
In so doing, it may employ all appropriate means, including diplomatic or consular, couriers, code or cipher.
However the consular post may install and use a wireless transmitter for the purposes of communication only with the consent of the Vietnamese Government.
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3. The packages constituting the consular bag must be sealed and bear visible external marks of their character and may contain only official correspondence and documents or articles intended exclusively for official use.
4. The consular bag shall not be opened or detained. Nevertheless, if the competent authorities of Vietnamese State have serious reason to believe that the bag contains something other than the correspondence, documents or article for official use of the consular post, they may request that the bag be opened in their presence by an authorised representative of the sending State. If this request is refused by the authorities of the sending State, the bag shall be returned to its place of origin.
5. The consular courier shall be provided with an official document indicating his status and the number of packages constituting the consular bag . In the performance of his functions he shall be protected by the Vietnamese State. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. Vietnamese citizen or foreigner permanently resident in Vietnam shall be designated as consular courier only with the consent of the Vietnamese State.
6. The sending State, its diplomatic mission and its consular posts may designate consular couriers ad hoc. In such cases the provisions of paragraph 5 of this Article shall also apply except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the consular bag in his charge.
7. A consular bag may be entrusted to the captain of a ship or of a commercial aircraft. He shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered as a consular courier. By arrangement with the appropriate local authorities, the consular post may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft.
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a) In the case of a grave crime and shall be liable to arrest or detention pending trial pursuant to a decision by the competent judicial authority.
b) In the execution of a judicial decision of final effect on the form of imprisonment or of restriction on personal freedom.
3. If criminal proceedings are instituted against a consular officer, he must appear before Vietnamese competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and in a manner which will hamper the exercise of consular functions as little as possible. In case the arrest or detention is applied to a consular officer, the proceedings against him shall be instituted with the minimum of delay.
4. In the event of the arrest or detention, pending trial, of a member of the consular staff, or of criminal proceedings being instituted against him, the Vietnamese competent State authorities shall notify the head of the consular post. Should the latter be himself the object of any such measure, the Vietnamese Foreign Ministry shall notify the sending State through the diplomatic channel.
1. A contract concluded by a consular officer or a consular employee in which he did not contract expressly or impliedly as an agent of the sending State.
2. A traffic accident in which the third party claims for damage.
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2. If a consular officer should decline to give evidence, no coercive measure or penalty maybe applied to him.
3. The consular employees and the members of the service staff shall not decline to give evidence when requested by Vietnamese competent authorities.
2. The initiation of proceedings by a consular officer or a consular employee in the matter where the might enjoy immunity from jurisdiction under Article 28 shall preclude him from invoking immunity from jurisdiction in respect of any counter-action directly connected with the principal action in which he is complainant.
3. The waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings provided in Article 28 to members of the consular post shall not be deemed to imply the waiver of immunity from the measures of execution resulting from the judicial decision or administrative sanctions; in respect of such measure, a separate waiver shall be necessary.
a) Indirect taxes;
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c) Estate succession or inheritance duties, and duties on transfers;
d) Dues and taxes on private income including capital gains having its source in Vietnam and capital taxes relating to investments made in commercial or financial undertaking in Vietnam;
e) Charges levied for specific services rendered;
g) Registration, court or record fees, mortgage dues and stamp duties relating to immovable property except the provision of Article 22;
2. Member of the service staff who are not Vietnamese citizens or not resident in Vietnam shall be exempt from dues and taxes on the wages which they receive for their services.
a) Articles for the official use of the consular post.
b) Articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establishment.
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3. Kinds, quantities and amounts of imported articles as provided in paragraph 1 of this Article and as well as the re-exportation or the transfer of these articles in Vietnam shall be in accordance with the Vietnamese regulations.
4. Personal baggage accompanying consular officers and members of their families forming part of their household shall be exempt from inspection. It may be inspected only if there is serious reason to believe that it contains articles other than those referred to in sub-paragraph b of paragraph 1 of this article or articles the import or export of which is prohibited by the laws and regulations of Vietnam or which are subject to its quarantine laws and regulations.
Such inspection shall be carried out in the presence of the consular officer or member of his family concerned or his designee.
2. In the event of the death of a member of the consular post, the members of his family forming part of his household shall continue to enjoy the privileges and immunities accorded to them until the expiry of a reasonable period enabling them to leave Vietnam.
3. In the event of the death of a member of the consular post who is not Vietnamese citizen or not resident in Vietnam, or of a member of his family forming part of his household, the Vietnamese State shall permit the export of the movable property of the deceased, with the exception of any such property acquired in Vietnam the export of which was prohibited at the time of his death. Vietnamese State shall not levy national, regional or municipal estate, succession or inheritance duties, and duties on transfer, on movable property the presence of which in Vietnam was due solely to the presence there of the deceased as a member of the consular post or as a member of the family of a member of the consular post.
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2. A consular officer may carry out diplomatic activities only with the consent of the Vietnamese State. However he shall not enjoy the diplomatic privileges and immunities.
1. Consular post may be headed by an honorary consular officer.
2. Vietnamese Government shall define procedures of acceptation and status of honorary consular officers in Vietnam.
2. Provisions of sub-paragraphs a, b of paragraph 1 of Article 2 of paragraph 4 of Article 27; of Article 28; of paragraph 1 of Article 29; of Articles 30 and 34 shall apply to honorary consular officers.
3. The privileges and immunities provided in Chapter III of this Ordinance shall not be accorded to members of the family of an honorary consular officer or of a consular employee employed at a consular post headed by an honorary consular officer.
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2. Consular post headed by honorary consular officer as well as the government of the sending State and its other diplomatic mission and consular posts shall only use diplomatic and consular couriers, diplomatic and consular bags and messages in code or cipher to communicate with the consular post headed by honorary consular officer in Vietnam with the consent of the Vietnamese State for each case.
3. A consular post headed by honorary consular officer shall enjoy the privileges and immunities on customs provided in sub-paragraph a of paragraph 1 of Article 32, but limited to : national flag, national emblem, consular signboard, seals and stamps, books, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post.
4. An honorary consular officer shall be exempt from the taxes and charges towards sum of money that paid for the exercise of the consular functions by the sending State.
PRIVILEGES AND IMMUNITIES RELATING TO REPRESENTATIVE OFFICES OF INTERNATIONAL ORGANISATIONS
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1. Promulgation of regulations concerning the implementation of the Ordinance.
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3. Inspections and supervisions of the implementation of the Ordinance and handling of the violation of the Ordinance.
4. Negotiations, signing agreements, acceding to international treaties on privileges and immunities relating to diplomatic missions, consular posts and representative offices of international organisations.
2. The Foreign Ministry is authorised by the Government to take responsibilities and competence's in the performance of State management on this field.
3. Other ministries, branches and local administrations at all levels within their duties and authorities shall have responsibilities to co-operate with the Foreign Ministry in the implementation of State management on this field.
4. Economic and social organisations and Vietnamese citizens shall have responsibilities to support State competent bodies in correctly implementing regulations of this Ordinance.
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2. Other members of diplomatic missions and consular posts as well as their families transiting Vietnam to their work or to their homes shall be given favourable conditions for their transit.
3. Correspondence and other forms of communication including codes and ciphers of the diplomatic missions and consular posts, diplomatic couriers and bags, consular couriers and bags when transiting Vietnam shall enjoy the right to be free and protected as specified by receiving State in accordance with the provisions of this Ordinance.
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a) Apply any of the provisions of this Ordinance restrictively because of a similar restrictive application of that provision to Vietnamese diplomatic mission or consular post in the sending State.
b) Extend, on the basis of bilateral agreement or international customs recognised by Vietnam, more favourable treatment than is required by the provisions of this Ordinance to diplomatic mission or consular post.
All previous regulations contrary to this Ordinance shall be repealed.
The Government shall stipulate detailed provisions regarding the implementation of this Ordinance.
FOR THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
CHAIRMAN
Nong Duc Manh
- 1Decree of Government No.73-CP, on detailed regulations on the implementation of the Ordinance on the privileges and immunity of Diplomatic Representations, Foreign Consulates, and Representative Offices of International organizations in Vietnam.
- 21992 Constitution of the Socialist Republic of Vietnam
Ordinance No. 25-L/CTN of August 23, 1993, on the privileges and immunities relating to diplomatic mission, consular posts and representative Offices of International Organisations in Vietnam.
- Số hiệu: 25-L/CTN
- Loại văn bản: Pháp lệnh
- Ngày ban hành: 23/08/1993
- Nơi ban hành: Uỷ ban Thường vụ Quốc hội
- Người ký: Nông Đức Mạnh
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra