Nghị định 73-CP năm 1994 Hướng dẫn Pháp lệnh về Quyền ưu đãi, miễn trừ dành cho cơ quan Đại diện ngoại giao, cơ quan Lãnh sự nước ngoài và cơ quan Đại diện của Tổ chức Quốc tế tại Việt Nam

DECREE

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

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:

Chapter I

PROVISIONS ON THE PRIVILEGES AND IMMUNITY OF DIPLOMATIC REPRESENTATIONS AND FOREIGN CONSULATES IN VIETNAM

Article 1.- In conformity with Point 1, Article 2, of the Ordinance, the offices of diplomatic representations, the offices of foreign consulates and the residences of diplomats shall not be used as political asylum.

Article 2.-

1. The diplomatic representations and foreign consulates are permitted to install and use telecommunication equipment, specialized telecommunication networks and wireless transceivers only after they are licensed by the General Post Office of Vietnam. In case they import such information equipment for installation in Vietnam, they must apply for a permit from the General Post Office and the Ministry of Trade.

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.

Article 3.- When the need arises to open a consular bag as mentioned at Point 4, Article 25, of the Ordinance, the opening must be done in the presence of a representative of the foreign consulate concerned refuses to have it opened, the consular bag will be sent back to its place of origin.

Article 4.- In accordance with the laws of Vietnam currently in force, the Ministry of Trade will sponsor cooperative actions with the Ministry of Foreign Affairs, the Ministry of Finance and the General Department of Customs in working out detailed regulations on the categories and quantity of items to be imported and to be exempted from tax as well as the re-exportation and transfer of such items in Vietnam as mentioned at Article 6, 14, 15, 16, 17, 22, 26, 31 and 38 of the Ordinance concerning all the beneficiaries of the privileges and immunity mentioned in the Ordinance.

Article 5.-

1. The foreign diplomatic representations are obliged to notify the Ministry of Foreign Affairs of Vietnam the full names and positions of their officials who are assigned to perform the consular function.

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.

Article 6.-

1. The Ministry of Foreign Affairs of the sending country is obliged to notify in writing the Ministry of Foreign Affairs of Vietnam that the sending country has declared to renounce the privileges and immunity of the Chief of its diplomatic representation, including the Charge d/Affairs.

2. The Ministry of Foreign Affairs or the diplomatic representation of the sending country is obliged to notify in writing the Ministry of Foreign Affairs of Vietnam that the sending country has declared to renounce the privileges and immunity of the staff and personnel of the diplomatic representation, and of the Chief of the Acting Chief of the Consulate and its officials and personnel if the laws of the sending country so stipulate.

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.

Article 7.-

1. The diplomatic representation and the Consulate of the sending country are obliged to notify the Ministry of Foreign Affairs of Vietnam of the departure time from Vietnam of their officials and personnel after they have concluded their term of office.

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.

Chapter II

PROVISIONS ON THE PRIVILEGES AND IMMUNITY OF REPRESENTATIVE OFFICES OF INTERNATIONAL ORGANIZATIONS

Article 8.-

1. The international organizations belonging to the United Nations system as mentioned at Article 39 of the Ordinance are the United Nations, its affiliates and specialized organizations, and the international nuclear energy agency.

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:

- The 1946 Convention of the United Nations on privileges and immunity;

- 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.

Article 9.- The international treaties applicable to those mentioned at Article 40 of the Ordinance and to officials and personnel of those organizations who visit or work in Vietnam or pass through Vietnam with a transit visa are:

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.

Article 10.- The representative offices of non-governmental organizations mentioned at Article 41 of the Ordinance, as well as their officials and personnel and members of their families living together with them in the same house, and officials and personnel of those organizations who visit or work in Vietnam or pass through Vietnam with a transit visa, are entitled to the privileges and immunity as mentioned in the agreements between the Vietnamese Government and each non-governmental organization.

Chapter III

PROVISIONS ON THE STATE MANAGEMENT IN THE IMPLEMENTATION OF PRIVILEGES AND IMMUNITY

Article 11.- The Ministry of Foreign Affairs has the task of exercising the following functions of State management:

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.

Article 12.- In submitting to the Government projects to negotiate, sign or accede to international treaties including articles on the privileges and immunities mentioned by the Ordinance, the ministries and branches must enclose the opinions of the Ministry of Foreign Affairs and other ministries and branches concerned.

Article 13.-

1. The Ministry of Foreign Affairs, the external relations service (or the external relations committee) of the provinces and cities directly under the Central Government should consider granting residence permits to the following foreigners whether they carry a diplomatic, service or ordinary passport:

a/ Officials and personnel of diplomatic representations, foreign consulates and representative offices of international organizations in Vietnam.

b/ Members of the families of the officials and personnel living together with them in the same house, and houseworkers of the officials of those organizations.

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.

Article 14.-

1. To create favorable conditions for the activities of the Chiefs of diplomatic representations (or the Chiefs of consulates if the sending country has no diplomatic representation) and representative offices of international organizations, these organizations are obliged to notify the Ministry of Foreign Affairs of Vietnam 72 hours before their Chief wishes to contact the local authorities.

2. In case a diplomatic representation, the representative office of an international organization or a foreign consulate organizes such official activities as reception, film show, press conference, traditional festival, seminar, get-together, etc. and invites Vietnamese citizens or needs assistance from the Vietnamese side, they are obliged to notify the Ministry of Foreign Affairs or the external relations service concerned at least 72 hours in advance.

Article 15.-

1. The diplomatic representations, foreign consulates and representative offices of international organizations in Vietnam can either through the Ministry of Foreign Affairs of Vietnam or directly request the Vietnamese public offices concerned to provide services concerning the office building, housing, electricity, water, medical care and other services.

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.

Chapter IV

FINAL PROVISION

Article 16.- This Decree takes effect upon signing. All regulations made earlier which are contrary to this Decree are now annulled.

Article 17.- The Ministry of Foreign Affairs, the Ministry of Interior, the Ministry of Justice, the Ministry of Trade, the Ministry of Culture and Information, the General Department of Customs and the General Post Office in their capacity and authority are obliged to guide and organize the implementation of the Ordinance on the Privileges and Immunity of Diplomatic Representations, Consulates and Representative Offices of International Organizations in Vietnam and this Decree.

Article 18.- The ministers, heads of ministerial-level agencies and agencies attached to the Government, the presidents of the People's Committees of provinces and cities directly under the Central Government are responsible for implementing this Decree.

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