Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 73-CP | Ha Noi, July 30, 1994 |
THE GOVERNMENT
Proceeding from the Law on Organization of the Government on the 30th of September, 1992;
Proceeding from the Ordinance on the Privileges and Immunity of Diplomatic Representations, Foreign Consulates and Representative Offices of International Organizations in Vietnam on the 23rd of August, 1993;
At the proposal of the Minister of Foreign Affairs,
DECREES:
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2. Under its sponsorship, the General Post Office of Vietnam will cooperate with the Ministry of Trade, the Ministry of Foreign Affairs, the Ministry of Culture and Information, and the Ministry of Interior to work out detailed regulations on the implementation of Point 1 of this Article.
2. In conformity with Point 2, Article 35 of the Ordinance, the sending country can assign a professional functionary of its consulate in Vietnam to perform a number of diplomatic activities after getting the approval of the Ministry of Foreign Affairs of Vietnam.
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3. In case the sending country has only a consulate in Vietnam and if prior agreement has been reached with Vietnam, this Consulate can notify in writing the Ministry of Foreign Affairs of Vietnam that the sending country has declared to renounce the privileges and immunity of the officials and personnel of its Consulate.
2. The time limit set for the close relatives of an official or personnel of the diplomatic representation and the Consulate to leave Vietnam as mentioned at Point 2, Article 19, and Point 2, Article 34, of the Ordinance is 30 days from the day when the Ministry of Foreign Affairs of Vietnam is officially notified by the diplomatic representation and Consulate of the death of this official or personnel.
PROVISIONS ON THE PRIVILEGES AND IMMUNITY OF REPRESENTATIVE OFFICES OF INTERNATIONAL ORGANIZATIONS
2. Vietnam grants privileges and immunity to the representative offices of international organizations mentioned at Point 1 of this Article, as well as the officials and personnel of these offices and members of their families living together with them in the same house, and the officials and personnel of those international organizations who visit or work in Vietnam or pass through Vietnam with a transit visa in accordance with the international treaties which Vietnam has signed or acceded to, and with international practice recognized by Vietnam:
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- The 1947 Convention on the privileges and immunity of the U.N. professional organizations;
- The 1959 Agreement on the privileges and immunity of the international nuclear energy agency;
- The agreements signed between the Vietnamese Government and each international organization on privileges and immunity.
1. The Charter (or regulations, statute, founding agreement) of each inter-governmental organization to which Vietnam is a participant.
2. The agreement between the Vietnamese Government and each inter-governmental organization in which privileges and immunity are stipulated.
PROVISIONS ON THE STATE MANAGEMENT IN THE IMPLEMENTATION OF PRIVILEGES AND IMMUNITY
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1. Taking the initiative of proposing to the Government to negotiate, sign or accede to international treaties on the privileges and immunity of diplomatic representations and consulates, and the privileges and immunity of international organizations.
2. Making preparations for statutory provisions and other projects related to the implementation of the Ordinance and guidance and instructions on this implementation.
3. Settling affairs concerning the activities of diplomatic representations and foreign consulates, representative offices of international organizations and staff members of those organizations.
4. Managing the Vietnamese citizens working in the representative offices mentioned at Point 3 of this Article.
5. Cooperating with other public offices concerned to settle and handle any violations of the privileges and immunity of diplomatic representations, foreign consulates and representative offices of international organizations in Vietnam.
a/ Officials and personnel of diplomatic representations, foreign consulates and representative offices of international organizations in Vietnam.
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2. The following foreigners whether they carry a diplomatic, service or ordinary passport, are exempted from registering their residence with the Ministry of Foreign Affairs upon entering Vietnam, but need only a seal from the border security police permitting them to stay within the time mentioned by the entry and exit visas stated in the passport:
a/ Members of high-level foreign delegations and their entourages on working visits to Vietnam or in transit.
b/ Foreign visitors on working visits to diplomatic representations and representative offices of international organizations in Vietnam, as well as visitors to the officials and personnel of those organizations.
3. With regard to those mentioned at Point 2 of this Article who, if necessary, have the permission to extend their stay in Vietnam.
a/ The Ministry of Foreign Affairs will extend the entry and exit visas for those mentioned at Point 2 and of all those who carry a diplomatic or service passport, except when there is an agreement between Vietnam and the sending country on exemption of entry and exit visas.
b/ The Ministry of Interior will extend the entry and exit visas for those who carry an ordinary passport.
4. Those mentioned at Points 1 and 2 of this Article who want to come to an area with a "Forbidden Area" sign must apply for permission from the Ministry of Foreign Affairs of Vietnam.
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2. When they need to recruit Vietnamese to work for them, the representative offices mentioned at Point 1 of this Article must comply with Vietnamese law on the recruitment of labor and must do it through the Ministry of Foreign Affairs of Vietnam.
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ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
- 1 Circular No. 118-TCHQ/GSQL of March 31, 1995, guiding the implementation of Decision No.96-TM/XNK on the 14th of February 1995 on the list of commodities banned from export and import
- 2 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.