Of The Vienna Convention On Diplomatic Relations

Original Language Title: o Vídeňské úmluvě o diplomatických stycích

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=30564&nr=157~2F1964~20Sb.&ft=txt

157/1964 Sb.



DECREE



Minister of Foreign Affairs



of 10 June 1999. June 1964



of the Vienna Convention on diplomatic relations.



On 18 July 2005. April 1961 was negotiated in Vienna and on behalf of the Czechoslovak

the Socialist Republic signed the Vienna Convention on diplomatic

relations.



With the Convention on diplomatic relations in favour of the Government agreement of 7 December 2004.

March 1962 and the National Assembly on 6. March 1963. The President of the

the Republic has ratified the Convention on 27. March 1963.



Czechoslovak ratification instrument to the Convention on diplomatic relations

was deposited with the Secretary-General of the United Nations-

depositary of the Convention-24 September. May 1963.



Convention entered into force, pursuant to article 51, paragraph 1) on

April 25, 1964, and on this day i came into force for the Czechoslovak

Socialist Republic of Vietnam.



Czech translation of the Convention shall be published at the same time.



David v.r.



THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS



States that are parties to this Convention,



Recalling that the people of all countries recognized the status of yore

diplomatic representatives,



Bearing in mind the objectives and principles of the Charter of the United Nations relating to the

the sovereign equality of States, the maintenance of international peace and security, and

support of friendly relations between Nations,



believing that an International Convention on diplomatic relations, the privileges and

immunities will contribute to the development of friendly relations between Nations, regardless of

on the differences in their institutional and social establishment,



Mindful that the purpose of such privileges and immunities is not getting

of the individual, but to ensure the efficient performance of the functions of diplomatic missions

representing the States,



Affirming that the rules of customary international law will continue to be

control issues not expressly governed by the provisions of this Convention,



agree about this:



Article 1



For the purposes of this Convention the following expressions have the following meanings:



and "head of mission") is the person in charge of the sending State, to carry out

responsibilities associated with this feature;



(b)) "members of the mission" means the head of mission and the members of the staff of the mission;



(c)) "members of the mission staff" means the members of the diplomatic staff,

Administrative and technical staff, as well as the professional staff

the mission;



(d)) "diplomatic staff" is composed of the members of the mission staff who have

diplomatic rank;



e) "diplomatic agent" is the head of mission or a member of the diplomatic

the staff of the mission;



(f)), "the members of the administrative and technical staff" means

the members of the mission staff, who are employed in the administrative or

the technical service of the mission;



g) "members of the service staff" means the members of the mission staff, who

they are employed in the domestic service of the mission;



h) "private maid person" is a person who is employed in domestic

services of a member of the mission, and that is not an employee of the sending State;



I) "rooms of mission" means a buildings or parts of buildings and lands to them

the adjacent, regardless of ownership, are used for the purposes of the mission,

including the residence of the Chief of mission.



Article 2



The establishment of diplomatic relations between States, and of permanent diplomatic missions

is done by mutual agreement.



Article 3



1. the Functions of the diplomatic mission is, inter alia:



and to represent the sending State) in the receiving State;



(b)) to protect the interests of the sending State and of its nationals in the State

the beneficiary to the extent permitted by international law;



(c)) to conduct negotiations with the Government of the receiving State;



(d) all lawful means) the conditions and developments in the receiving

State and the report on the reports the Government of the sending State;



e) to promote the friendly relations between the sending State and the receiving State, and

develop their economic, cultural and scientific relations.



2. Nothing in this Convention shall be construed as a barrier to the exercise of

consular functions by a diplomatic mission.



Article 4



1. The sending State shall verify that the receiving State has granted the agrément

the person you appoint as Chief of mission intends to in this State.



2. The beneficiary State is not obliged to inform the sending State the reasons for

which refused to grant agrément.



Article 5



1. The sending State may, then, when duly competent receiving

States, according to the circumstances, to entrust the head of mission or to appoint any

a member of the diplomatic staff in more than one State, if no

of the beneficiary countries does not express an objection.



2. If the sending State shall assign the same Chief of Mission in one or more other

States may, in any State where the head of the mission does not have a permanent home, set up a

diplomatic mission, controlled the chargé d'affaires ad interim.



3. the head of mission or any member of the diplomatic staff of the mission may

Act as a representative of the sending State to any international

the organization.



Article 6



Two or more States may appoint the same person as head of Mission in another

State if the beneficiary State raises no objection.



Article 7



Subject to the provisions of articles 5, 8, 9 and 11 of the sending State may freely

appoint the members of the mission staff. In the case of military, naval or

Air attaches can the beneficiary State's request their name

in advance for approval.



Article 8



1. the members of the diplomatic staff of the mission should be, in principle, citizens of the

of the sending State.



2. the members of the diplomatic staff of the mission may not be appointed from among the

citizens of the receiving State, except when the State can

consent, which may be withdrawn at any time.



3. the receiving State may reserve the same right in relation to the citizens

of a third State, who are not citizens of the sending State.



Article 9



1. the receiving State may at any time and without obligation to give reasons for its

the decision to notify the sending State that the head of the mission or any member of the

of the diplomatic staff of the mission is persona non grata or that any

another Member of the mission staff is unacceptable. In this case, the sending

State according to the circumstances, either revoke that person or terminates its function on

Mission. A person may be declared non grata or unacceptable

before entering the territory of the receiving State.



2. If the sending State refuses or fails to comply within a reasonable time

the obligations referred to in paragraph 1 of this article, the receiving State may

refuse to recognize the person concerned as a member of the mission.



Article 10



1. the Ministry of Foreign Affairs of the receiving State or such other

the Ministry, which the agreement may be, it will be about was notified:



and the appointment of members of the Mission), their arrival and final departure or

termination of their function on a mission;



(b) the arrival and final departure of) persons belonging to the family of a member of the mission, and

where appropriate, the fact that a person has become or ceased to be

a member of the family of a member of the mission;



(c) the arrival and final departure) private home help people that are in the

employment of persons referred to in point a) of this paragraph and, where appropriate,

the fact that leaving the employment of such persons;



(d) the hiring and dismissal of persons), which are permanently usídleny in

the receiving State, such as the members of the mission or private home help people

entitled to privileges and imunitám.



2. under options will be given prior notification of the arrival and the final

the check-out.



Article 11



1. where no specific agreement about the number of members of the mission staff, may

the receiving State may require that the number of mission staff was maintained in

borders, which he considers reasonable and normal, having regard to

the circumstances and conditions in the receiving State, and to the needs of your

the mission.



2. the receiving State may also, within the following limits and without discrimination

refuse to accept officials of a certain category.



Article 12



The sending State may not, without the prior express consent of the

of the receiving State to set up offices, which are part of the mission, in other

areas than those in which it is the seat of the mission.



Article 13



1. It is understood that the Chief of the mission took over its functions in the receiving State either

as soon as their credentials, or when your notifikoval

the arrival of the Ministry of Foreign Affairs of the receiving State or the

such other Ministry, of which the agreement may be, was delivered to the

a certified copy of his credentials, in conformity with the practice in force in

the receiving State, which will be consistently respected.



2. The order of presentation of credentials or their certified copies

is determined by the date and time of the arrival of the Chief of mission.



Article 14



1. the Chiefs of missions are divided into three classes:



Ambassadors or nunciové) credentials for the heads of State, and other chiefs of missions

equivalent rank;



b) ambassadors, Ministers, and internunciové, the credentials for the heads of State;



c) chargés d ' affaires, the credentials of the Foreign Ministers.



2. With the exception of the order and labels will not make any distinction between

the heads of the mission with a view to their inclusion in the classes.



Article 15



States shall agree about the class to which they belong to their bosses.



Article 16



1. the Chiefs of missions will have order in their classrooms according to the date and time when

took over its functions in accordance with article 13.



2. change in the credentials of the schedules of the Chief of mission, that does not mean the

the class does not affect its ranking.




3. This article is without prejudice to any practice carried out by the receiving

the State, as regards the order of the representative of the Vatican.



Article 17



Order of the members of the diplomatic staff of the mission will be communicated to the head of mission

Ministry of Foreign Affairs or such other Ministry of

which may be a deal.



Article 18



In each State will be kept uniform procedure when receiving Heads of missions

in each class.



Article 19



1. If the Chief of mission uprázdněno or if the Chief of mission exercise

its functions, will act as head of the mission, provisionally chargé d'affaires

ad interim. The name of the chargé d'affaires ad interim will be notified either

the Chief of mission or if it cannot do so by the Ministry of

Foreign Affairs Ministry of Foreign Affairs of the sending State

of the receiving State or such other Ministry, which can be

the agreement.



2. In cases when in the receiving State is not present, no member of the

of the diplomatic staff of the mission may be sending State with the consent of

of the receiving State designed the administrative and technical

personnel who will be entrusted with the leadership of common administrative

the Affairs of the mission.



Article 20



Mission and her boss have the right to fly the flag and the national emblem of the sending

State rooms of the mission, čítajíc Mission Chief in this residence, and on its

means of transport.



Article 21



1. the receiving State shall either facilitate the sending State to obtain rooms

needed for the Mission in its territory, in accordance with its laws, or

will help to obtain the location of the Mission in a different way.



2. Will also help the missions, when necessary, provide accommodation

for their members.



Article 22



1. The room of the mission shall be inviolable. The authorities of the receiving State to

they may not enter, except with the permission of the Chief of mission.



2. the receiving State has a special duty to take all appropriate

measures for the protection of rooms of the Mission against any intrusion or

damage and to prevent any disturbance of peace of the mission or the injury to the

her dignity.



3. Room missions, equipment and other assets of the transport

the resources of the mission cannot be subject to inspection, requisition, seizure

or execution.



Article 23



1. The sending State and head of the mission shall be exempt from all taxes and charges,

national, regional or local, in terms of the room of the mission,

whose are the owners or tenants, unless it is a fees

representing the consideration for the services actually rendered.



2. The exemption from taxation referred to in this article shall not apply to such

taxes and levies to be paid under the laws of the receiving State

persons entering into a contractual relationship with the sending State or

the Chief of the mission.



Article 24



The archives and documents of the mission shall be inviolable at any time and anywhere

found.



Article 25



The receiving State shall facilitate the exercise of the functions of the mission, and where needed.



Article 26



Subject to the laws and regulations relating to the areas to which access is

disabled or modified for reasons of State security, ensure that the receiving

State to all members of the mission freedom of residence and travel in its territory.



Article 27



1. the receiving State shall permit and protect free connection to all missions

official purposes. In conjunction with the Government, as well as with other missions and

consulates of the sending State wherever they are, can use all the missions

suitable means, čítajíc in this diplomatic couriers and

kodované or encrypted messages. The mission may, however, set up and use

the radio only with the consent of the receiving State.



2. The official correspondence of the mission is inviolable. Under the official correspondence

means all correspondence related to the mission and its features.



3. The diplomatic mail must not be opened or detained.



4. shipment, representing the diplomatic mail must bear the

a clear external indication that the diplomatic mail and can

contain only diplomatic documents or articles intended for the official

the use of the.



5. The diplomatic courier, who will be provided with an official document

indicating his status and the number of packages constituting

diplomatic mail, will be protected by the receiving State in the performance of their

features. Shall enjoy personal inviolability and shall not be in any way

arrested or detained.



6. The sending State or the mission may determine diplomatic couriers ad hoc.

In such cases, it will also apply the provisions of paragraph 5 of this

article with the fact that immunity in it will no longer apply, as listed

as soon as such a courier delivered to a destination he conferred diplomatic

mail.



7. The diplomatic mail may be entrusted to the captain of civil aircraft

performed by the permitted input airport. The captain will be equipped with

an official document indicating the number of packages constituting

diplomatic mail, but will not be considered as a diplomatic courier.

The mission may send one of its members to take over directly and freely

diplomatic mail from the captain of the aircraft.



Article 28



Fees and levies collected by missions in the exercise of its official

obligations are exempted from taxation.



Article 29



Diplomatic representative of the person is inviolable. Diplomatic representative of the

in no way shall not be arrested or detained. The beneficiary State with him

will act with due respect and shall take all appropriate measures to ensure that

prevent any attack against his person, freedom or dignity.



Article 30



1. Private dwellings of the diplomatic representatives shall enjoy the same

inviolability and the same protection as the room of the mission.



2. His papers, correspondence and, except as provided in paragraph 3,

Article 31 and shall enjoy inviolability of their property also.



Article 31



1. The diplomatic representative is excluded from the criminal jurisdiction of the receiving

State. It is also excluded from its civil and administrative jurisdiction, except in the

cases, that goes:



and substantive action on) on private property in the territory of

of the receiving State, unless it's own on behalf of the sending State

for the purposes of the mission;



b) in an action relating to succession in which the diplomatic agent

the executor of a will, administrator of heritage, the heir or

odkazovníkem as a private person and not as a representative of the sending

State;



(c)) an action relating to any professional or business

activities that the diplomatic representative in the receiving State, in addition to

of their official functions.



2. a diplomatic agent is not obliged to give evidence as a witness.



3. a diplomatic agent is not subject to enforcement measures, except in

the cases referred to in subparagraphs), b), and (c) of paragraph 1 of this article) and

If the execution can be carried out, without violating the

the inviolability of his person or of his dwelling.



4. The exemption of diplomatic representative from the jurisdiction of the receiving State

It does not mean its exemption from the jurisdiction of the State of the sending.



Article 32



1. The sending State may waive the immunity from jurisdiction of diplomatic

representatives and of persons enjoying immunity under article 37.



2. Waiver must always be done explicitly.



3. If the Commission will launch a diplomatic agent or by a person enjoying immunity

in accordance with article 37, cannot rely on the exclusion from the jurisdiction, as regards

directly connected with the opposite claims of the principal claim.



4. the waiver of immunity from jurisdiction in matters of civil or

Administration should not be considered that includes waiving immunity in

enforcement enforcement of the judgment, for which a special waiver.



Article 33



1. subject to the provisions of paragraph 3 of this article, the diplomatic

the representative of the excluded from the social security provisions which may apply in the

the receiving State in respect of services performed for the sending State.



2. The exemption provided for in paragraph 1 of this article shall also apply to

private servants of the person employed exclusively diplomatic representative,

terms and conditions:



and that they are not citizens) of the recipient State or in it are not permanently

established;



(b)) that are subject to the provisions on social security, which may

pay in the posting State or in a third State.



3. The diplomatic representative who employs a person not covered by the

the exemption provided for in paragraph 2 of this article, is obliged to fulfill the

the obligations imposed on employers by the provisions on social security

of the receiving State.



4. The exemption provided for in paragraphs 1 and 2 of this article shall not prevent the

voluntary participation in the social security of the receiving State, provided

such participation is permitted by that State.



5. the provisions of this article are without prejudice to bilateral or

multilateral agreement on social security of the previously agreed and

shall not prevent the conclusion of such arrangements in the future.



Article 34



Diplomatic agent shall be exempt from all taxes and charges, personal or

g/l, of national, regional or local, with the exception of:



a) indirect taxes, which are normally incorporated in the price of the goods or

the services;



(b)) tax and benefit from private real estate on the territory of the receiving State,

unless it is your own on behalf of the sending State for the purposes of the mission;



(c)), the recipient or death probate fees payable

the receiving State, subject to the provisions of paragraph 4 of article 39;




(d)) tax and benefit from private revenue to its source on the territory of the

of the receiving State and capital taxes on investments embedded in

business enterprises in the receiving State;



e) fees payable as consideration for the services actually

proven;



f) registration, Court, the mortgage and fees kolkovacích

connection with the real estate, subject to the provisions of article 23.



Article 35



The receiving State shall exempt diplomatic representative from all personal

services, from all public service of any kind and from any

military obligations such as those obligations associated with

to avoid requisition, military posts and accommodation obligations.



Article 36



1. In accordance with the laws and regulations which may be issued, the receiving State

import permits and provides exemption from all customs duties, taxes and

associated with the charges, other than charges for storage, transportation and

similar services:



and) in articles intended for official use of the mission;



(b)) in articles intended for personal use of diplomatic representative or

members of his family forming part of his household, čítajíc in this case

for his device.



2. the personal baggage of diplomatic representative are not subject to customs inspection,

unless there are serious grounds to believe that it contains articles that

do not benefit from the exemption referred to in paragraph 1 of this article or

articles the import or export of which is prohibited by law or modified.

the quarantine regulations of the receiving State. Such examination will be

made only in the presence of the diplomatic representative or his

the monitoring trustee.



Article 37



1. the members of the family, forming part of the diplomatic representative of his

home, enjoy, if they are not citizens of the beneficiary State, privileges and

the immunities referred to in articles 29 to 36.



2. the members of the administrative and technical staff, along with members of the

their families, who form part of their household, shall enjoy, if not

citizens of the receiving State or, if not permanently established in it, privileges

and immunities referred to in articles 29 to 35, with the exception that the exemption from civil

and administrative jurisdiction of the receiving State, referred to in paragraph 1

Article 31 shall not apply to activities carried out outside the framework of their

duties. Also enjoy the privileges referred to in article 36, paragraph 1,

in respect of articles imported at the time of their first device.



3. the members of the staff of mission staff, who are not citizens of the beneficiary

State, or do not reside permanently therein, shall enjoy immunity in respect of the activities of the

carried out within the framework of their responsibilities, they are exempt from taxes and levies

from the remuneration they receive by reason of their employment and shall enjoy exemption

referred to in article 33.



4. Private servants of a person in the service of the members of the mission, if they are not citizens of

of the receiving State or, if not permanently usídleny in it, are

be exempt from taxes and levies from the remuneration they receive by reason of their

employment. However, the beneficiary State shall exercise over these persons

its jurisdiction so as not to interfere with the exercise of

the functions of the mission.



Article 38



1. in addition to other privileges and immunities as may be provided

the receiving State, the diplomatic representative who is a citizen of this

State or permanently resides, shall enjoy only immunity from jurisdiction and

inviolability in respect of official activity carried out in the performance of

its features.



2. the other members of the mission staff and the private servants persons who are

citizens of the receiving State or permanently resides, shall enjoy the privileges and

immunities only to the extent that the beneficiary State shall be admitted. However,

the receiving State must exercise its jurisdiction over those persons so

in order to avoid inappropriate interference with the performance of the functions of the mission.



Article 39



1. Every person entitled to privileges and immunities, will be there to enjoy,

as soon as it enters into the territory of the receiving State to have joined its place,

or, if already in its territory, as soon as her appointment will be notified

Ministry of Foreign Affairs or another Ministry, the issue may

be agreement.



2. When the functions of persons enjoying privileges and immunities, will end these

the privileges and immunities normally at the moment when the person leaves the country, or

After the expiry of the reasonable period of time, in which it has taken, but persists until

This time, even in the event of armed conflict. However, the immunity lasts, if

as to the acts that the person take when exercising their functions as

a member of the mission.



3. in case of death of a member of the mission shall enjoy the members of his family continue to

the privileges and immunities to which they are entitled until the expiry of the reasonable period of time, in

to leave the country.



4. If a member dies the mission, who is not a citizen of the receiving State or in the

It permanently do not reside or a member of his family, which form part of its

the home, the beneficiary State shall allow for the removal of movable property

the deceased, with the exception of property which was acquired in the country, and the export of

has been disabled at the time of his death. Probate, inheritance and succession taxes

will not be collected from the movable property that was in the territory of the receiving

the State only as a result of the presence of the deceased there as a member of the mission,

or as a member of the family of a member of the mission.



Article 40



1. Passes to the diplomatic representative of the territory or on the territory of third

State from which it has provided, in the case of a visa, that visa requires that the

He joined or returned to their place, or return to their country,

the third State shall ensure the inviolability and such other immunities,

required to ensure his transit or return. The same is true for members of the

his family enjoying privileges and immunities who are accompanying the diplomatic

representative or travel separately to him or return to their country.



2. in circumstances similar to those referred to in paragraph 1

This article, third States shall not hinder the members of the administrative and

technical or service staff of the mission and members of their families in the

transit through its territory.



3. third States shall provide to the official correspondence and other official communications,

passing through their territory, including the communication of kodovaných or

encrypted, the same freedom and protection as is provided

the beneficiary State. Provide diplomatic couriers who have been issued

a visa, if they are needed, and diplomatic mail in transit the same

integrity and protection which is obliged to provide to the receiving State.



4. the obligations of third States referred to in paragraphs 1, 2 and 3 of this article

shall also apply to the persons referred to in those paragraphs and to the official

communication and diplomatic mail, the presence of which on the territory of a third

the State is caused by force majeure.



Article 41



1. without prejudice to their privileges and immunities as are all persons enjoying

such privileges and immunities, the obligation to observe the laws and regulations of the receiving

State. Are also required to not interfere in the internal affairs

of that State.



2. all official negotiations with the beneficiary State, in which the mission is responsible for

State of posting, will be conducted with the Ministry of Foreign Affairs

of the receiving State or other Ministry, of which the agreement may be,

or through them.



3. The room of the mission must not be used in a way incompatible with the functions

the mission, as set out in this Convention or in other rules of General

international law or special agreements in force between the State of

sending and receiving.



Article 42



Diplomatic agent in the receiving State does not operate for personal

benefit of any employment or commercial activity.



Article 43



Diplomatic representative of the function ends with, inter alia:



and the sending State to the receiving communication) state that the function

diplomatic representative of the expired;



(b) the communication of the recipient country) sending State that, according to paragraph 2 of

Article 9, refuses to recognise the diplomatic representative as a member of the mission.



Article 44



The receiving State must, even in case of armed conflict to provide

persons enjoying privileges and immunities, if they are not nationals

of the receiving State, and members of the families of such persons irrespective of their

jurisdiction, the advantages of allowing them to go to as soon as possible. In particular, the

they must make available, if necessary, the means of transport must be

for their transport and transportation of their property.



Article 45



In case of interruption of diplomatic relations between the two States, if he or she

the mission permanently or temporarily recalled:



the receiving State must), even in case of armed conflict to respect the

and protect the mission room, together with its property and archives;



(b)) the sending State may entrust the custody of the rooms of the mission, together with its

property and archives, to a third State acceptable to the receiving State;



(c)) the sending State may entrust the protection of its interests and the interests of their

the nationals to a third State acceptable to the receiving State,.



Article 46



The sending State may, with the prior consent of the receiving State and to

the request of a third country that is not represented in the receiving State,

take on the temporary protection of the interests of third States and their nationals.



Article 47



1. In applying the provisions of this Convention, the receiving State will not do

the difference between individual States.



2. for discrimination, however, is not considered:




and if the receiving State) applies some of the provisions of this Convention

limited due to the limited application of this provision to its mission in

the posting State;



b) if based on custom or agreement, the States

provide more favourable treatment than is required by the provisions of this

Of the Convention.



Article 48



This Convention shall be open for signature by all Member States of the Organization

the United Nations or some professional organizations or participants

The Statute of the International Court of Justice, and any other State which

will be called upon by the General Assembly of the United Nations, in order to

become a party to the Convention, until 31 December 2007. October 1961 at the Federal Ministry of

of Foreign Affairs of Austria, and then until 31 December 2000. March 1962 at the headquarters

The United Nations in New York.



Article 49



This Convention is subject to ratification. The instruments of ratification shall be deposited with

the Secretary-General of the United Nations.



Article 50



This Convention shall be open for accession by any State which belongs to the

some of the four categories referred to in article 48. The instrument of accession

shall be deposited with the Secretary-General of the United Nations.



Article 51



1. This Convention shall enter into force on the thirtieth day after the date of deposit of the 20th

the second instrument of ratification or instrument of accession with the General

Secretary-General of the United Nations.



2. for each State which ratifies this Convention or accedes thereto after the

Save the twenty-second instrument of ratification or instrument of accession,

the Convention shall enter into force on the thirtieth day after the deposit of its instrument of ratification

instrument or instrument of accession.



Article 52



The Secretary-General of the United Nations shall inform all

States belonging to one of four categories referred to in article 48:



and) of signatures of this Convention and of the deposit of instruments of ratification of, and

access in accordance with article 48, 49 and 50;



(b)) of the date when this Convention enters into force in accordance with article 51.



Article 53



The original of this Convention, of which the English, Chinese, French, Russian and

Spanish texts are equally authentic, shall be deposited with the

Secretary-General of the United Nations, who shall send certified copies thereof

all States belonging to any of the four categories listed in

Article 48.



In witness whereof the undersigned, duly authorised thereto men

their respective Governments, have signed this Convention.



Given in Vienna, this eighteenth day of April in the year one thousand nine hundred sixty-one.