46/1987 Coll.
The DECREE
Minister of Foreign Affairs from 26 March. February 1987 on the Consular Convention
between the Czechoslovak Socialist Republic and the Lao People's
Democratic Republic of the
15 July. March 1985 was signed in Vientiane between the Consular Convention
The Czechoslovak Socialist Republic and the Lao People's
Democratic Republic.
With the Convention have expressed their consent of the Federal Assembly of the Czechoslovak
the President of the Czechoslovak Socialist Republic and the Socialist
Republic has ratified it. The instruments of ratification were exchanged in Prague on
January 20, 1987.
Convention entered into force, pursuant to article 57 on the day of 19. February
1987.
The Czech text of the Convention shall be published at the same time.
Minister:
Ing. Chňoupek v.r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Lao People's
Democratic Republic of the
Czechoslovak Socialist Republic
and
The Lao People's Democratic Republic
Desiring to modify the consular relations between the two States
and develop these relations in a spirit of friendship and cooperation
have decided to conclude this Consular Convention and for this purpose,
agree on the following provisions:
TITLE I OF THE
The definition of the
Article 1
For the purposes of this Convention the following expressions have the following meanings:
and) "consular post" every Consulate General, Consulate,
vícekonzulát or consular agency;
(b)) "consular circuit" is the territory of the specified consular office for the performance of
consular functions;
(c)) "head of consular post" is the person in charge of the sending State,
to carry out the duties associated with this feature;
(d)) "consular officer" is any person, including the head of the consular
the Office, which was responsible for the exercise of consular functions;
(e)) "consular employee" means any person employed in the
administrative, technical, or domestic services, consular
the Office;
(f)) "members of the consular staff" are consular officers other than
the head of the consular office and consular staff;
g) "members of the consular post" are consular officers and consular
employees;
(h)) "member of the private staff" is any person employed exclusively in
private services, a member of the consular post;
I) "consular" are buildings or parts of buildings and the land to them
fitting, which are used exclusively for the purposes of the consular
the Office, regardless of who is the owner, including the registered office
the head of the consular post;
j) "consular archives" are all documents, documents, correspondence,
books, films, tapes and registers of the consular office together with the
ciphers and codes, filing cabinets and facilities intended for their protection and
Save;
k) "official correspondence" is all correspondence relating to the
consular office and its functions;
l) "ship" is any ship flying the flag of the sending State, with the exception of
warships;
m) "airplane" is any civil aircraft registered or imatrikulované
in the posting State in accordance with its laws and regulations, and bearing the characters
of this State.
TITLE II
The establishment of consular posts and the appointment of consular officials and
consular staff
Article 2
1. Consular Office may be established in the territory of the receiving State only with the
his consent.
2. the registered office of the consular post, his class and consular district, as well as
the number of members of the consular post, are agreed in writing in advance between
the sending and the receiving State.
3. Subsequent amendment of the registered office of the consular office, its class or changes
consular circuit may perform a sending State only with the consent of the
of the receiving State.
4. the prior explicit consent of the receiving State is also needed
to establish offices forming part of the consular office, which is, however,
located outside the registered office of the authority.
Article 3
The consular officer can only be a citizen of the sending State.
Article 4
The head of the consular offices are appointed by the sending State and
recruited for the exercise of its functions by the beneficiary State.
Article 5
1. The sending State shall head of consular post to annotate document
in the form of a patent or similar official document for each
appointment especially that certifies its function and in which it is stated
as a rule, his full name, category and class, the circuit and the seat of the consular
the consular office.
2. The sending State shall send to the patent document or a similar diplomatic
or other appropriate way to the Government of the State in whose territory the head
the consular office to carry out its functions.
Article 6
1. The head of the consular post is received for the performance of their functions on the
the basis of the přivolení of the receiving State, known as exequatur, whether
any form of přivolení.
2. A State which refuses to provide the exequatur is not obliged to inform the
sending State the reasons for its refusal.
Article 7
In the meantime, than will be granted the exequatur, can be the head of the consular
the Office accepted to the performance of their duties on a provisional basis. In this case,
It will apply the provisions of this Convention.
Article 8
1. If the head of the consular office for any reasons to exercise
their function, or if the head of the consular office temporarily
uprázdněno, the temporary head of the sending State functions
Consular Office of the delegate of the consular official of that Office, or
another consular office or a member of the diplomatic staff
diplomatic missions; the name of this person shall inform the sending State in advance
Ministry of Foreign Affairs of the receiving State.
2. The temporary head of the consular office shall provide the rights, privileges and
immunity, which enjoys under this Convention, the head of the consular office.
Article 9
As soon as the head of the consular office for the performance of their functions adopted, even if
even provisionally or ad interim, it shall inform the receiving State shall immediately
the competent authorities of the consular district and shall take the appropriate measures to
the head of the consular office could carry out the obligations arising from his
the Office and enjoy the benefits of this Convention.
Article 10
1. The sending State shall notify the Ministry of Foreign Affairs of the receiving
State:
and the appointment of members of the consular office), their arrival after the appointment of the
the consular office, their final departure or the termination of their functions, and
all other changes concerning their status, which may occur
during their service to the consular post;
(b) the arrival and final departure of) the family of a member of the consular
the Office, who lives with him in a common household, and where it comes
in consideration, the cases when a person becomes or ceases to be a family
National;
(c) the arrival and final departure of) members of the private staff and, where
applicable, the termination of their service in this position;
d) admission to employment and the release of persons having permanent residence in the
the receiving State with regard to members of the consular post.
2. Arrival and departure will be ultimate, if possible, also notify the
in advance.
Article 11
1. the receiving State shall issue to each consular official document,
certifying his right to exercise consular functions in the territory of
of the receiving State.
2. the receiving State may at any time and without giving reasons for its decision
notify the sending State that a consular officer is
persona non grata or that any other Member of the consular staff is
unacceptable. In this case, the sending State according to the nature of the case
the person concerned shall withdraw, closes its consular post or function
cancels her appointment.
3. If the sending State refuses or fails within a reasonable
the time obligations, which, in paragraph 2 of this article, may
the beneficiary State according to the nature of the case to withdraw the relevant person
exequatur or stop can be considered as a member of the consular staff.
Article 12
A member of the consular post ends, inter alia:
and the announcement of the sending State to the receiving) state that its
the feature ended;
b) detention exequatur;
(c) the notification of the recipient country) sending State that it
the beneficiary State ceased to be considered a member of the consular staff in
the cases provided for in article 11, paragraph 3.
TITLE III
Privileges and immunities
Article 13
1. the receiving State shall facilitate the exercise of the functions in full consular and
consular officials and shall take the necessary measures to be able to enjoy the
the rights, privileges and immunities provided for in this Convention.
2. the receiving State shall treat consular members with the appropriate
due respect and shall take all appropriate measures to ensure their
protection, freedom and dignity.
Article 14
1. The sending State shall have the right to use in the receiving State, your State
the flag and coat of arms in accordance with the provisions of this article.
2. The national flag of the sending State may be posted up, and coat of arms
placed on the building of the consular post and its entrance, as well as on the
the residence of the head of the consular post and its transport
resources, if they are used for professional purposes.
3. In the exercise of the rights of this article will take account of the legal
the rules and practices of the receiving State.
Article 15
1. The sending State may, in accordance with the legislation of the receiving
the State to acquire the property and to use, possess and enjoy the land,
the buildings or sections of buildings designed for the needs of the consular post or for
accommodation of members of the consular post, who are citizens of the sending
State.
2. the receiving State shall provide the sending State in obtaining the land and
buildings or parts of buildings for the purposes referred to in paragraph 1, all
the necessary assistance.
3. The sending State is not relieved of the obligation to comply with the legislation
the receiving State of construction and land use planning, or other limitations
applicable to the area in which such land, buildings or parts of
the buildings are located.
Article 16
1. Consular room shall be inviolable. The authorities of the receiving State
may not enter into them, but with the consent of the head of consular post
the head of the diplomatic mission of the sending State, or the person responsible for
some of them.
2. the receiving State has a special duty to take all appropriate
measures to protect the rooms from intrusion by consular or
damage and to prevent any disturbance of peace of the consular office
or injury to his dignity.
3. Consular room, their facilities and other assets in them cannot
be subject to inspection, requisitions, attachment or execution.
Article 17
The consular archives and documents are always inviolable, wherever located
Anyways.
Article 18
1. The sending State in the receiving State shall be exempt from all taxes,
benefits and fees:
and) from land, buildings and parts of buildings used for consular purposes
or for the accommodation of members of the consular post, if you are in the
ownership of the sending State or if they are engaged on its behalf;
(b)) of the treaties and the acts that relate to the acquisition of immovable property, referred to in
paragraph 1, point (a));
(c) the performance of consular functions), including the collection of consular fees
and benefits.
2. The sending State in the receiving State is also exempt from all
taxes, levies and charges from the movable property which is in the ownership of the
of the sending State or which is in his possession or use, and
that is intended exclusively for consular purposes.
3. The exemption provided for in this article shall not apply to the fees and
benefits payable for the provision of specific services.
Article 19
1. Consular officers and their family members who are not
citizens of the receiving State, or do not reside in it, are not subject to
criminal, civil and administrative jurisdiction of the receiving State.
2. Consular employees and their family members who are not
citizens of the receiving State, or do not reside in it, are not subject to
the criminal jurisdiction of the receiving State. Civil and administrative
the jurisdiction of the receiving State, shall not be subject, with regard to the performance of their
official functions.
3. the provisions of paragraphs 1 and 2 shall not apply to the proceedings:
and) arising from the Treaty, which the consular officer or employee
not as a representative of the sending State;
(b)) concerning inheritance, where a consular officer or consular
an employee acting for the sending State, but as a private person;
(c) by a third party) initiated in case of damage incurred by the receiving State of the
an accident caused by a vehicle, boat or plane;
(d)) with respect to any private or business activity, which
consular officer or employee shall perform in the receiving State, next to the
of their official functions.
Article 20
1. The members of the consular post may be invited to appear as a
witnesses to the Court or administrative proceedings. Consular staff
cannot, with the exception of the cases referred to in paragraph 4 of this article,
to refuse to bear witness. If the consular officer refuses to submit
the testimony may not be applied against him any enforcement measures or
other penalties.
2. the provisions of paragraph 1 concerning the consular officials and
consular employees shall apply mutatis mutandis to the members of their families
nationals.
3. the authority requesting the testimony, care shall be taken to be unjust to the consular
an official in the performance of its functions. Whenever possible, it may take
testimony at his residence or at the consular office or accept from
his written statement.
4. The members of the consular post and members of their families do not have the
the obligation to submit testimony to the facts associated with the performance of their
functions, or to submit to the official correspondence and documents relating to the
These facts. They are also entitled to refuse to submit a testimonial as
experts from the national law of the sending State.
Article 21
1. The sending State may for a member of the consular office give up privileges and
the immunities referred to in articles 19 and 20.
2. The waiver of privileges and immunities must be, with the exception of the provisions of paragraph 3
This article, in all cases, explicit and must be communicated to the
the beneficiary State in writing.
3. If a consular officer or consular employee shall start the
proceedings in the case, in which benefited from immunity from jurisdiction under article 19,
cannot invoke immunity from jurisdiction in respect of the action with each other
related directly from the main action.
4. Give up the immunity from jurisdiction in matters of civil or administrative
It also does not give up immunity, in respect of enforcement power
the judgment; This immunity is necessary to give up separately.
Article 22
The receiving State shall exempt members of the consular post and their family
nationals living in a common household with them from all personal
services, public services of any kind, and from military obligations
such as requisitions, military kontribuce and accommodation of troops.
Article 23
1. Consular officers and consular employees and their family
the family living in a common household with them are exempt from all
the obligations imposed by the legislation of the receiving State with regard to the
the registration of foreigners, residence permits, work permits and other
formalities, which are generally applicable to foreigners.
2. The provisions of paragraph 1 of this article shall not apply to consular
employees who are not citizens of the sending State or perform
a private gainful activity in the receiving State, or on the
members of the family.
Article 24
1. subject to the provisions of paragraph 3 of this article are members of the
consular office in terms of the services that they perform for the sending
State, and members of their families living with them in the common
household exempt from social security provisions, which
applies in the receiving State.
2. The exemption referred to in paragraph 1 of this article shall also apply to the members of the
private staff who are employed exclusively for members
Consular Office of and under the conditions of:
and that they are not citizens of the beneficiary) of the State or do not have permanent residence,
(b)) that are the subject of the social security legislation in force in
the posting or in a third State.
3. The members of the consular office of the employing persons with
not covered by the exemption referred to in paragraph 2 of this article, must perform
the obligations imposed on employers the provisions on social
the security of the recipient State.
4. The exemption provided for in paragraph 1 and 2 of this article shall not preclude the voluntary
participation on the social security of the receiving State, provided that the
such participation is permitted by the beneficiary State.
Article 25
1. Consular officers and consular employees and their family
the family living with them in a common household, are exempt from the
all taxes and charges, whether personal or factual, national,
regional and local with the exception of:
and indirect taxes which) are usually included in the price of the goods or
the services;
(b)) taxes and charges from private real estate on the territory of the receiving
State, subject to the provisions of article 18;
c) inheritance taxes and charges levied on the transfer of assets
the receiving State, subject to the provisions of subparagraph (b)), article 27;
d) taxes and charges from private income of any kind that comes from the
of the receiving State, including profits derived from transfer of property
values;
e) taxes and charges levied for the provision of specific services;
(f)), the Court of registration, mortgage and kolkových fees, with
subject to the provisions of article 18.
2. The members of the consular post who employ persons whose salaries
or wages are subject to income tax in the receiving State, it must fulfil the
the obligations which the law of that State
employers, as far as the levying of income tax.
Article 26
1. the receiving State in accordance with the law, which may be issued,
shall authorise the import and provide relief from all customs dues, taxes and
other similar fees levied on the basis of or in
connection with him, other than charges for storage, cartage and similar
services:
and) for objects, including cars, intended for official use
the consular office;
(b)) for articles intended for personal use by consular officials and
members of their families living with them in a common household,
including articles intended for their initial equipment. Consumer
articles must not exceed the amount necessary for direct personal consumption
of the persons concerned.
2. Consular employees shall enjoy the privileges and exemptions specified in
paragraph 1 of this article, with respect to articles imported in their boarding
to the Office.
3. Personal accompanied baggage consular officers and their family
nationals living in a common household with them are exempt from
the customs inspection. May be inspected only if there are serious
reasons to believe that they contain objects other than referred to in paragraph 1
Letter b) of this article, or articles the import or export of which is
prohibited by the legislation of the receiving State, or on which the
subject to its regulations on quarantine. This tour can be made
only in the presence of the consular officer or the competent
of a family member.
Article 27
In the case of the death of a member of the consular post or of a member of his family
living with him in a common household, the receiving State
and) shall authorise the export of movable property of the deceased, with the exception of the assets that
has been obtained in the host State and whose export is banned at the time of his
the death;
(b)) will not be to choose national, provincial or local probate fees
or fees from the transfer of assets, in the case of movable property that was on the
the territory of the receiving State only as a result of the stay of the deceased in this
the State as a member of the consular post or of a family member of a Member
the consular office.
Article 28
1. the receiving State shall permit and protect the freedom to join the consular
the authority for all official purposes. In conjunction with the Government, the diplomatic
missions and other consular authorities of the sending State,
Anyway, the consular post may use all appropriate fasteners
means, including diplomatic couriers, diplomatic or
consular and encoded or encrypted messages.
2. When using public fasteners consular post
will apply to the consular office of the same conditions as for the diplomatic
Mission.
3. the official correspondence of the consular post it is inviolable.
4. the Consular bag shall not be opened or detained. However, if the
the competent authorities of the receiving State have serious reasons to believe that the
bag contains something other than official correspondence or documents
or articles intended exclusively for official use, may be required to
the luggage was opened in their presence to the responsible representative
of the sending State. The authorities of the sending State, if such a request
refuse the luggage will be returned to the place where it comes from.
5. the Consular bag may be entrusted to the captain of the ship or the civil
the aircraft, which are designed to land at the point of entry. The captain must be
equipped with an official Charter, indicating the number of parcels making up the consular
luggage, however, will not be considered for the consular courier. After discussion
with the competent local authorities may instruct any of the consular office
of its members, to take over the said baggage directly and freely from the captain
a ship or aircraft, or is transmitted.
Article 29
Subject to the legislation of the receiving State on the areas in which
access is prohibited or regulated for reasons of national security, consular
officer or consular employee, as well as his family members
they are free to travel within the territory of the receiving State. The provisions of this
Article shall not affect the conditions for the issue of visas or other travel
documents in accordance with the legislation of the receiving State.
TITLE IV
Consular jurisdiction and consular functions
Article 30
1. the consular officer is entitled to exercise in the circuit in the consular
accordance with the legislation of the receiving State, the functions referred to in this
the Convention.
2. the consular officer may exercise consular functions outside the consular
the circuit only with the consent of the receiving State.
Article 31
Consular officers are entitled to:
and in the receiving State) to protect the rights and interests of the sending State and of its
citizens, including legal persons;
(b)) to support the development of commercial, economic, cultural and scientific
relations between the Contracting Parties and to develop friendly relations between them;
(c) all legal means) the status and the development of the business,
economic, cultural and scientific life of the receiving State,
report on the report to the Government of the sending State and to provide information
of the persons concerned.
Article 32
Consular officers may exercise their functions turn on
and the relevant local authorities of his) consular circuit;
(b)) the competent central authorities of the receiving State, unless it is a in accordance
with the laws and practices of the recipient State or international
agreements governing this question.
Article 33
1. In accordance with the legislation of the receiving State has a consular
the officer the right to represent the citizens of the sending State or take measures
to ensure their appropriate representation in the judicial and other authorities of the
of the receiving State in cases where the absence or from other
the reasons are not with it to defend its rights and interests in a timely manner. The same is true for
the legal person of the sending State.
2. Representation in accordance with paragraph 1 of this article shall, as soon as
represented by the person or his agent shall appoint themselves ensure the protection
their rights and interests.
3. If the consular officer shall represent the person referred to in paragraph 1 of this
the article, in the performance of this function is subject to the rule of law, the receiving
the State and the jurisdiction of its judicial and other authorities under the same conditions
and in the same range as a citizen of this State.
Article 34
1. a consular officer is entitled to in accordance with the legislation of the
the sending State issue, extend, modify, cancel, withdraw, and
hold the travel documents of citizens of the sending State.
2. Is entitled to issue the visa, or disturb their force
persons wishing to travel to the sending State.
Article 35
1. In the range specified by the legislation of the sending State's consular
the official shall be entitled to:
and to receive the applications and declarations) in matters of citizenship of the citizens of
the sending State and to issue the relevant documents;
(b)) to take birth and death certificates of the citizens of the sending State and to take
copies of these documents;
(c) enter into marriage and issue) about relevant documents for
provided that both brides and grooms are nationals of the sending State, and with the
subject to that advise the competent authorities of the receiving State,
If required by its legislation;
(d)) write or register the dissolution of marriage according to the law
legislation of the sending State;
(e)) receive the declarations relating to family relationships and the citizens of the sending
State.
2. This provision shall not relieve the person concerned applies, the obligation to submit
reporting of prescribed law of the receiving State.
3. the competent authorities of the receiving State shall, without delay and free of charge
sent to the consular office copies of and extracts from the registry of deeds and documents
in the matter of personal status concerning citizens of the sending State and
required for administrative purposes.
Article 36
Consular officer shall be entitled to:
and any statements of citizens) to receive the sending State and
is,
(b)), to confirm and accept the draft of the wills and other documents and
Declaration of the citizens of the sending State,
(c)) to confirm or verify signatures of citizens of the sending State,
d) translate and validate all the instruments and documents issued by the authorities of the
the sending or the receiving State and to certify the copies and translations
extracts from these documents.
Article 37
Consular officers are authorized to carry out consular post, in
his apartment, in the apartment of a citizen of the sending State and the ship or plane
the sending State the following:
and) drafting and validation of the instruments and contracts, to the citizens of the
of the sending State to conclude, if these instruments and contracts are not in
contrary to the legislation of the receiving State and not to the establishment or
the transfer of rights to real property located in this State,
(b) the preparation of documents and contracts) and the verification of their authenticity without
the nationality of the Contracting Parties, if these documents and contracts
apply only to assets or rights existing in the sending State
or concern matters that are to be implemented in this State for the
conditions, that these instruments and contracts are not contrary to the rule of law
of the receiving State.
Article 38
Consular officers are entitled to receive from the citizens of the sending
State for safekeeping documents, money, valuables and other movable assets
belonging to them. These documents, money, valuables and other movable
assets can be exported from the receiving State only, in accordance with its
the rule of law.
Article 39
Of the Charter and the documents referred to in articles 36 and 37 are in the receiving
the State of the same legal force and the probative power as documents certified
or certified by the competent judicial or other authorities of the State.
Article 40
The receiving State must accept without verification of the signatures of the consular
officials on the schedules, which shall be issued by or which confirmed the conformity of the
copies with the original issued by the competent authority, if the
bear's official stamp and from the content of documents can be
to assess their authenticity.
Article 41
Consular officers are entitled under existing international agreements
or-if such agreements do not exist-in another way, that is in the
accordance with the legislation of the receiving State of:
and) deliver to nationals of the sending State resident to
the territory of the receiving State, judicial and extrajudicial documents;
(b)), at the request of the judicial authorities to deliver the sending State request
the competent authorities of the receiving State to their processing and yourself
to deal with the request concerning nationals of the sending State.
Article 42
1. the competent authority of the receiving State shall immediately inform the consular
the Office on the death of the citizen of the sending State in the territory of the receiving State.
2. Similarly, if the heir, another authorized party or
odkazovník, which has a fall heritage on the territory of the present
of the receiving State, is a national of the sending State, however, does not
stay on the territory of the receiving State, and there is not legally represented.
3. the consular post of the sending State may request the competent authority of the
of the receiving State on the urgent measures necessary to ensure and
manage heritage heritage left in this State by a deceased citizen of the sending
State and warned him about any measures that have been taken. When
the provision of measures pursuant to this paragraph, the consular office
to provide its assistance, directly or through a representative.
4. If, after the completion of the formalities associated with heritage in the receiving
the State falls to the movable heritage, or the proceeds from the sale of movable property or
real estate, the heirs of the authorized participant, or odkazovníku, who are
citizens of the sending State and who do not stay in the receiving State and
appointed an agent, the property or the proceeds from their
sales passed to the consular post of the sending State under the condition that
and the eligibility of the heirs) was established, authorized participants or
odkazovníků;
(b) the competent authorities of the receiving State) can be there, where this comes in
account, acceptance of passing heritage or the proceeds from its sale;
(c) any estate debts) reported in the period prescribed by the regulations of the
of the receiving State are paid or secured;
(d) the fees of the heritage) are paid or secured.
5. If a citizen of the sending State who does not have permanent residence in the
the receiving State, suddenly die during their stay on the territory of that State,
things, the sums of money and valuables, which he had with him and that were not
requested to present the heir, on a provisional basis and in order to ensure their
protection passed into the custody of consular post of the sending State without
other formalities, taking for the administrative or judicial authorities of the
of the receiving State in the interest of the relevant management reserves the right to
the takeover of these things. Consular office must these things, monetary amounts and
valuables to pass any authority of the receiving State entrusted
their administration or liquidation. Consular office must respect the legal
regulations of the receiving State with regard to the export and transfer of
the amounts.
6. in matters of succession, also apply the provisions of article 33 of this Convention.
Article 43
1. As soon as the authorities of the receiving State, aware of cases where it is
need to appoint a guardian or guardian for a citizen of the sending
State, it shall notify the competent consular office.
2. The provisions of article 33 of this Convention shall also apply to protect the rights and interests of
of minors or other persons who do not have full capacity to act
capacity.
3. in the case where it is not ensured by minors or other asset management
persons not full legal capacity, the consular
the official appointment of administrator to take care of this property or ask the
the competent authorities of the receiving State to take the appropriate measures.
Article 44
The consular officer may, in accordance with the legislation of the sending State
take care of the minor citizen of this State, who lives on the territory of the
of the receiving State, if the State recognizes such authority.
Article 45
1. For the purpose of facilitating the exercise of consular functions relating to citizens
of the sending State:
and consular officers have the discretion) join with the citizens of the sending State
and access to them. Citizens of the sending State shall have the same freedom of
conjunction with consular officials, and access to them;
(b) the competent authorities of the receiving State) shall without delay inform the
consular post of the sending State for cases where in his consular
the judge is a citizen of the sending State, taken into custody or where its
personal freedom limited in any other form. Each communication to the intended
consular post by the person who is taken into custody or whose personal
freedom is limited, these authorities must be delivered without delay.
These authorities must, without delay, notify the person whose personal freedom
was limited, the rights under this provision;
(c)) consular officers shall have the right of the citizen to attend, speak and
to correspond with him and to ensure their legal representation. The exercise of these rights
enabling the competent authorities of the receiving State without delay;
(d)) if these citizens after a conviction in a prison sentence
freedom, the right to have consular officials is to visit. When each
a visit of this kind will enable consular official interview with
such a person.
2. The rights referred to in paragraph 1 of this article shall be exercised in accordance
with the legislation of the receiving State, provided that these legal
they do not render the exercise of the rights referred to legislation.
Article 46
1. the consular officer may in its consular assistance circuit
the ships of the sending State, calling at a port or other
places where they can anchor, or is there already. As soon as the input
the ship is enabled, may enter the consular officials on its Board and
contact with the captain, the crew members and passengers who are citizens of the
of the sending State.
2. The captain or any crew member has free access to the consular
the authority, if this Office is located in the port, where the ship is moored. If it is not
consular office in port, this approach is bound to consent
the competent authority of the receiving State.
3. Without prejudice to the competence of the authorities of the receiving State may
consular officials to lead the investigation to clarify all of the accidents that occurred
on board the ship during the voyage of the sending State, listen to the captain and
each Member of the crew, command of on-Board documents, receive
the statement about the way and the place of destination and, if the legal system of the sending
the State allows, to settle disputes of all kinds between the master, officers and
sailors, take measures for the adoption of the captain or any member of the
the crew to the hospital treatment, or their return to the homeland,
to facilitate the entry and exit of the ship, as well as her stay in port. In the performance of
These features may request the authorities of the consular officials of the receiving
the State of cooperation and assistance.
4. the authorities of the receiving State does not intervene in the events on board the ship with the
the exception event, which may disturb the peace and public order on the
country or in a port or endanger the health of persons or public safety
or which could participate in the persons who are not members of the crew.
5. In the event that the competent authorities of the receiving State should intend to
perform inspection, investigation or enforcement measures on board the ship
of the sending State, which is found in the waters of the receiving State,
shall inform the consular post before, that the Act could
attend consular officials. This notification shall state the exact time
the implementation of the Act. Will not participate if the consular officials or their
the representatives of this Act, may apply to the authorities for the transfer of all
information on its progress. The provisions of this paragraph shall also apply in the
When the captain or any crew member is to be interrogated
the authorities of the receiving State.
6. In the case of urgent measures, or if the investigation
carried out at the request of the captain, must be a consular officer
informed during the investigation, and that as soon as possible. The request will be
consular officer also informed on the progress of the investigation to be held for
his absence.
7. The provisions of paragraphs 5 and 6 of this article shall not be exercised against
the authorities of the receiving State with respect to the application of customs legislation, or
the implementation of other control measures relating to the protection of health,
port order, security of goods and the entry of foreigners.
8. The provisions of this article shall not apply to warships.
Article 47
1. If the sending State the ship fails, gets stuck or is otherwise
damaged in the waters of the receiving State, shall report to the competent authorities about this
in this State, without delay, inform the consular post of the message and a
taken or envisaged measures to rescue the passengers, members of the
the crew, the ship and cargo. The consular officer may provide all the
assistance to the ship, the crew members and passengers and to take all measures to
the security of the cargo and to repair the ship. It may also ask the authorities of the
of the receiving State to take such measures.
2. If the operator of a ship, the captain or any authorized person
It is not with it, to take the necessary measures to ensure and manage the boat or
its cargo, the consular officer may make on behalf of the operator
the ship measures in this direction could make a boat operator.
3. The provisions of paragraph 2 of this article shall also apply to any
the course, which includes citizens of the sending State and comes from the cargo ship
of the sending State or a third State, which has been found on the coast
or near the coast of the receiving State or transported to the port of
the consular district.
4. the competent authorities of the receiving State shall provide consular official
the necessary assistance in all the measures to be taken during the damage
the ship.
5. Ship of the sending State, which was damaged, its cargo and deck
stocks on the territory of the receiving State are not subject to customs duties, if
are not interpreted for use or consumption in this State.
Article 48
The provisions of articles 46 and 47 shall apply mutatis mutandis also to aircraft
of the sending State.
Article 49
Consular officers may perform supervisory and inspection functions
laid down by the legislation of the sending State and the aircraft
of this State and their crews. They are also authorized to provide these
aircraft and crews to help.
Article 50
Consular office may collect for consular operations in the territory of the receiving
State fees and benefits provided for by the legislation of the sending State.
Article 51
In addition to the functions specified in this Convention can consular officials
perform other consular functions, which are not in conflict with the law
regulations of the receiving State.
THE HEAD OF THE
Final provisions
Article 52
1. Without prejudice to their privileges and immunities, all persons enjoying
These privileges and immunities to respect the laws of the receiving
State, including traffic laws and regulations about motor insurance
vehicles. Are also required to interfere in the internal affairs of the
State.
2. Consular room will not be used in a manner that would be in the
inconsistent with the exercise of consular functions.
Article 53
Members of the consular post will be mindful of the obligations imposed by
the legislation of the receiving State, relating to the civil liability
for damage caused to third parties during the operation of the vehicle, boat or
the aircraft.
Article 54
1. The members of the consular post who are nationals of the receiving State
or have permanent residence in the territory of the receiving State, subject to the
the jurisdiction of the receiving State, except cases, when it comes to performance
their functions, and do not benefit from or other privileges and immunities on the basis
the provisions of title III of this Convention, except those which by article
20 paragraph 4.
2. The provisions of title III of this Convention, with the exception of article 20, paragraph 4,
shall not apply to
and family members of persons) referred to in paragraph 1 of this article or
family members of a member of the consular post, who are citizens of the
of the receiving State or have permanent residence;
(b) members of the private staff) who are nationals of the receiving State
or have permanent residency.
3. the receiving State must exercise its jurisdiction over persons
referred to in paragraph 1 and 2 of this article in such a way as to
unjustifiably restricts the exercise of consular functions.
Article 55
1. the provisions of this Convention shall apply, if the context allows,
also on the performance of consular functions carried out by the
the missions.
2. The names of members of a diplomatic mission responsible for the work in the consular
the Department or otherwise responsible for the performance of consular functions, missions are
notified to the Ministry of Foreign Affairs of the receiving State.
3. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2
This article is still being edited rules of international law on the
diplomatic relations.
Article 56
This Convention is subject to ratification. The exchange of instruments of ratification,
will take place in Prague.
Article 57
This Convention shall enter into force on the thirtieth day after the date of the exchange of
instruments of ratification and shall remain in force until it is one of the High
of the Contracting Parties denounces it in writing after about six months in advance
inform the other High Contracting Party.
On the evidence of agents of High Contracting Parties to this Convention signed
and it seals.
Given in Vientiane on 15. March 1985 in two original copies,
each in the Czech language, Lao and French languages, all the texts of the
have the same force. In case of different interpretation of the Czech and the Laotian
texts of this Convention shall be applicable to the French text.
For the Czechoslovak Socialist Republic:
Ladislav Kocsis
In the Lao People's Democratic Republic:
Soulivong Phasitthideth
