Law 33/2008/qh12: Representative Of The Socialist Republic Of Vietnam Abroad

Original Language Title: Luật 33/2009/QH12: Cơ quan đại diện nước Cộng hòa xã hội chủ nghĩa Việt Nam ở nước ngoài

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LAW representative of the Socialist Republic of Vietnam abroad _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law of the representative body of the Socialist Republic of Vietnam abroad.
Chapter I GENERAL PROVISIONS article 1. Scope this law regulates the functions, duties, powers and organization of the representative body of the Socialist Republic of Vietnam in foreign countries (hereinafter called the Agency) and the State administration for the representative body.
Article 2. Representative body 1. Representative bodies functioning official representatives of the State of Vietnam in relation to countries, territories, international institutions and systems for managing foreign operations consistent with the provisions of article 12 of this law.
2. the representative body consists of diplomatic missions, consular representative body, the representative body in the international organization.
3. representative bodies enjoy full privileges, immunities consistent with international law.
Article 3. Principles of organization and operation of the representative body 1. The foreign policy of the State of Vietnam.
2. Subject to the direction of the President, the Government, the Prime Minister, the direct management of the Ministry of Foreign Affairs and the supervision of Parliament.
3. Activities under the provisions of the law of Vietnam, in accordance with international law and the law of the country where the seat of the representative body.
4. The organization and operating under the heads mode.
Article 4. Explanation of terms In this law, the terms below are interpreted as follows: 1. the foreign representative offices is the Embassy.
2. consular representative body is the Consulate and consulates.
3. Representation in international organizations is the Permanent Mission, the mission, the Permanent Observer Mission and other designated agencies perform the function of representation of the State of Vietnam in international intergovernmental organizations.
4. consular area was the territory of the country Division received the Socialist Republic of Vietnam and the country receiving agreement to consular missions perform consular functions.
5. the Member representative body comprising heads of representative offices, diplomatic officials, consular officials and staff representative body.
6. diplomatic officials is the diplomatic service.
7. Officer was the consular service.
8. honorary consular officer is not professional and not the officers, public servants, Vietnam officials, including honorary consul and Honorary Consul.
9. Employee representative body is the assumed administrative, technical or service.
Chapter II the DUTIES and powers of the REPRESENTATIVE BODY article 5. Promote socio-political relations, national defense and security 1. General, reviews and provides information to the competent authorities about the social-political situation, national defense and security of the country, the international organization of the reception.
2. the competent agency recommendations on measures needed to promote the development of social-political relations, national defense and security between the Socialist Republic of Vietnam and international organizations, countries receiving.
3. Establish, maintain and develop relations between the representative body with the agencies, organizations and individuals in the country, the international organization of receiving; create favorable conditions for the Organization of foreign policy in relations with countries, international organizations and the reception.
Article 6. Serve the economic development of the country 1. Strategic policy, research, legislation, trends in economic development, trade, investment, development aid, science-technology, environmental protection, education and training, tourism cooperation, human resources and use the associated problems of countries, international organizations and receiving; the competent authority report on the policies and guidelines mean strategies of countries, international organizations that receive that impact the economy of Vietnam.
2. Provide the information, about the situation, needs and possibilities of cooperation between Vietnam and the business enterprise of receptive countries.
3. the competent agency recommendations on appropriate measures, policies and institutions to the development of economic relations between the Socialist Republic of Vietnam and international organizations, countries receiving.
4. Join the promotion, promoting trade, investment cooperation; enlist the aid mobilization and promotion of tourism in the country of Vietnam, receiving international organizations; promote cooperation in science and technology between the Socialist Republic of Vietnam and the receiving country; promotion of labor market development abroad; support to verify the information relating to the economic activities and the legal personality of enterprises in the receiving country when required.
Article 7. Promote cultural relations 1. General, reviews and provides information to the competent authorities about the experience of building and developing the culture of the country, the international organization of the reception.
2. Propose measures to promote cultural cooperation between the Socialist Republic of Vietnam and international organizations, countries receiving.
3. Advocacy, the promotion of the history, the culture, the image of the country, people in the country of Vietnam, international organizations welcome.
4. Introduction to agencies, organizations and people of Vietnam about the history, the culture, the image of the country, the people of the country of reception and activities related to the international organization's cultural reception.
5. support and create favorable conditions for the Exchange and cultural exchange activities between the Socialist Republic of Vietnam and international organizations, countries receiving.
6. Organize or participate in organized activities, Vietnam cultural events in the country, the international organization of the reception.
Article 8. Consular missions 1. Consular protection for the interests of the State, the legitimate rights and interests of citizens, legal entities and carry Vietnam consular duties are prescribed in this article on the basis of compliance with the law of Vietnam, the country's law and international treaties to which the Socialist Republic of Vietnam and the receiving countries are members in accordance with the law and international practices.
2. implementation of the consular visits and contacts, contacts with Vietnam citizens in case they are arrested, the custody, detention, trial or penalty of jail in the receiving country.
3. In the case of citizens, legal entities Vietnam cannot protect the rights and legitimate interests of its legislation and practices of the receiving country, the representative body may represent temporary or arrange for the person to represent them in court or competent authority of the receiving country until others do represent them or protect them protection of his rights and interests.
4. Granted, renewed, modified, supplemented, modified, replace, cancel the type of passport, passport and other valuable papers, Vietnam entry in accordance with the law.
5. Grant, renew, modify, Supplement, replace, cancel the visa and visa-free paper of Vietnam consistent with provisions of the law.
6. Perform tasks related to the Registrar, in accordance with the law and Vietnam not contrary to the laws of the receiving country or international treaties to which the Socialist Republic of Vietnam and the receiving countries are members.
7. The task of authentication, consistent with the provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam and the receiving countries are members; receiving, preserving papers, documents and valuable objects of the citizens, legal person Vietnam when required and not contrary to the laws of the receiving country.
8. the legal papers, the document of the foreign agency or authority of the receiving country notary, attested to the papers, documents that are recognized and used in Vietnam; consular certification papers, documents the agency or competent person notary, Vietnam's endorsement to papers, documents that are recognized and used in the receiving country.
9. In collaboration with the agency or authority of the receiving country to complete the procedure to help citizens, Vietnam to solve the legal issues related to inheritance of property or get back your inheritance is open to benefit the State of Vietnam.
10. Receiving Unit and related evidence of legal citizens, Vietnam to transfer to the competent authorities of Vietnam consider, resolve.
11. Perform tasks related to nationality in accordance with the law.
12. make the registration for citizens who reside in Vietnam nationals of countries receiving consistent with the provisions of the law of Vietnam, law and international practices.
13. Implementation of the mandate of justice between the Socialist Republic of Vietnam and the receiving country; transfer, served papers, records and documents of the Court or conduct other proceedings of Vietnam for the citizens, legal person in the receiving country of Vietnam consistent with the provisions of the law of Vietnam, receiving national law or international treaties to which the Socialist Republic of Vietnam and the country receiving a member if the This does not affect the privileges, immunities and representative body of the membership representative body in accordance with the law and international practices.
14. ship help Vietnam train, Vietnam nationals flying and other transport means are registered in Vietnam to secure the ship, ship and aircraft transport media which enjoy full rights and interests in the receiving country in accordance with the laws of the receiving country in accordance with the international treaties to which the Socialist Republic of Vietnam and the receiving countries are members, in accordance with the law and international practices.
15. Do service room, animal and plant quarantine in accordance with law, the law of Vietnam country reception, international treaties to which the Socialist Republic of Vietnam and the receiving countries are members, in accordance with the law and international practices.

16. Perform other consular duties in accordance with the law of Vietnam and not contrary to the laws of the receiving country or in international treaties to which the Socialist Republic of Vietnam and the receiving countries are members.
Article 9. Support and defend Vietnam community abroad 1. Advocacy, referral policies and laws related to Vietnam the Vietnam abroad.
2. General, competent authority reports on the situation and task of community mobilization, community support the Vietnam abroad.
3. Recommendations to the competent bodies of the policy, the appropriate measures in order to maintain the commitment of Vietnam community abroad with his homeland, the country; encourage the overseas Vietnam to preserve ethnic identity, active participation on the field of the social life of the country.
4. Facilitate and support the Vietnam overseas settlement, social integration in the receiving country; recommendations of the measures necessary to protect the legitimate rights and interests of the Vietnam, prevent discriminatory actions against Vietnam communities in receiving countries.
5. Organizing or coordinating cultural activities organized community service people overseas Vietnam.
6. Recommendations to competent bodies form an appropriate reward for the Organization, individuals who overseas Vietnam have outstanding achievements in community building activities and donations to build the country.
Article 10. System for managing foreign affairs 1. Direction, guidance by the Authority implementing the unified foreign policy with regard to the Agency's representative to Vietnam, organized at the national, international organizations and agencies, organized group Vietnam dispatched work in international organizations, countries receiving.
2. Hosted, organized and directly involved in the Affairs of the Socialist Republic of Vietnam to be held in the country, the international organization of the reception.
3. Implement appropriate measures and report immediately to the competent authorities about the activities of the representative of the Agency, organization, or group of Vietnam was sent to work in the country, the international organization receiving inconsistent with the foreign policy, affect the relations between the Socialist Republic of Vietnam and the country International Organization, welcome.
4. To sum up, reviews of diplomatic activities in the country, the international organization of receiving; recommendations necessary measures aimed at ensuring the foreign policy of the State of Vietnam was made uniform abroad.
Article 11. Management of staff and the facilities of the Agency represented 1. The management of the organisation, officers; clerical work, storage and protection of State secrets.
2. Management, using savings, effective property, infrastructure and funding was granted.
3. Implement the necessary measures in order to protect the security, safety for members and representative institutions.
Article 12. Assigned to perform functions and tasks among the agencies represented 1. Representative body functions, specific tasks established by the decision of the Government, in accordance with the agreement between the Socialist Republic of Vietnam and the country, the international organization that receives, in accordance with international law.
2. the diplomatic missions is the highest representative body of the State of Vietnam in the receiving country.
Diplomatic missions can make the function represented in one or more countries or international organization and can perform the functions of diplomatic missions, consular credentials by other countries.
Foreign representative offices have a responsibility system for management of Foreign Affairs of the Socialist Republic of Vietnam in the receiving country and have the right to check the activities of foreign consular representation in the country of reception.
3. consular missions perform consular duties, functions in the area and can perform functions, this task in addition to consular areas according to the agreement between the Socialist Republic of Vietnam and the receiving countries.
Consular representative bodies can perform consular duties, functions in one or more countries or functions, the mission commissioned by other countries in receiving countries and functions, the diplomatic mission in the receiving country according to the agreement between the Socialist Republic of Vietnam and the receiving countries.
Consular missions are responsible for unifying the management of Foreign Affairs of the Socialist Republic of Vietnam in the receiving country in case there is no diplomatic representation in that country.
4. Representation in international institutions can perform the function, the tasks represented in one or more international organizations, and can perform some consular mission in the country where the Head Office of the international organization, according to the agreement between the Socialist Republic of Vietnam and countries.
Chapter III ORGANIZATION, staffing, funding and the HEADQUARTERS of the REPRESENTATIVE BODY article 13. Established, suspension, termination of activities 1. Representative body established by the Government and by the Foreign Ministry directly manages.
2. the required base of operations and external relations, on the basis of agreements with international organizations, countries receiving and after exchanging ideas with the authorities, the Foreign Ministry of the Government decision on the establishment, temporarily suspend or terminate the operation of the representative body.
3. After the Government decision, the Ministry of Foreign Affairs, in coordination with the authorities organize and complete the necessary diplomatic procedure.
Article 14. Organization and staffing 1. The Ministry of Foreign Affairs is responsible, in coordination with the Ministry of the Interior and the authorities built the project about the Organization's norms and representative body. The Minister of Foreign Affairs of the Prime Minister's approval of the project.
2. Staffing of the agency representatives including officers, public servants, employees of the Foreign Ministry and based on the work requirements, officials, civil servants, employees of a number of authorities working in delivery mode consistent with the provisions of the law (hereinafter referred to as seconded officers).
3. On the basis of the scheme was approved by the Prime Minister, the required base of operations and external relations, after the exchange of consistent with the authorities, the Minister of Foreign Affairs of specific decisions about organizational structure and personnel of each representative body to take charge of the following areas : a) politics;
b) Defense-Security;
c) economy, trade, investment, tourism, labour, science and technology;
d) culture, information, press, and education and training;
DD) consular and community work the Vietnam abroad;
e) Administration, reception, administration.
Article 15. Cost of 1. State guarantee funds needed to make representations of functions, duties and powers assigned to it.
2. The expenditure of the agency representatives are granted from the State budget and allocated as follows: a) the cost of basic construction investment was granted to the Foreign Ministry to allocate to the representative body;
b) funding activities are regularly granted to the Foreign Ministry to allot representative body, except for the cost of the field of Defense-Security;
c) funding for specific professional activities is granted to authorities in charge of that operation to the allocation made. Government regulations on this point in detail.
3. The allocation, management, use and cost of the representative body are made according to the provisions of the law.
Article 16. Head Office, campus 1. Representative offices based in the receiving country or in the country where the Head Office of the international organization of the reception. Representative institutions to hang the national flag, the national emblem of the Republic of Vietnam and Socialist whose title agency name represents.
2. the State guarantees the conditions for the headquarters, the facilities, the equipment and techniques needed to agency representatives and members of representative bodies perform the functions, duties and powers assigned to it. Representative offices are equipped and used separate communications systems to maintain regular contact and privacy with the Agency, the competent organization.
Chapter IV MEMBERSHIP article 17 REPRESENTATIVE OFFICES. Members of standards bodies representing 1. Representative body members must be public servants in accordance with the law and meet the regulations of the Ministry of Foreign Affairs.
This provision does not apply to contract employees is regulated in article 29 of this law.
2. the Member representative to the political level, expertise, language, profession and experience fit the requirements.
Article 18. Diplomatic, consular officials 1. Diplomatic cover: a) is the Ambassador Extraordinary and Plenipotentiary;
b) Ambassador;
c) Ministers;
d) resident counselor;
DD) counselor;
e) first Secretary;
g) Second Secretary;
h) second third Secret;
I) Options.
2. consular offices include: a) Consul;
b) Vice Consul;
c) consuls;
d) Vice-Consul;
Consular Attaché).
Article 19. The head of the Agency represented 1. Heads of diplomatic missions is the Ambassador Extraordinary and Plenipotentiary or preventive measures in cases not yet sent an Ambassador Extraordinary and Plenipotentiary.
2. The head of the Consulate General's consular General. The head of the Consulate's consular section.
3. The head of the Agency represented in international organizations as Permanent Representative, Permanent Observer or a representative of the President in the international organization.
Article 20. Elected, appointed, summon the head of the Agency represented 1. Election of the President, summoned the head of representative body is the Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations and representative of the President of the international organization at the proposal of the Prime Minister.
2. appointed Foreign Minister, recalled the head of representative body, except in cases specified in paragraph 1 of this article.
3. The head of the agency representative in a country, international organizations may be nominated or appointed to cum as the head of the national representative bodies, other international organizations.
Article 21. The responsibility of Heads of representative offices

1. The direction, organization, functions and tasks of the agency representative and responsible to the President, the Government, the Prime Minister, the Minister of Foreign Affairs on the implementation of the functions and duties; directing the construction and implementation of the program, plan the work of the representative body.
2. Assignment, job of members represented agencies consistent with the decision of appointment of Foreign Minister and request that the work of the representative body; cooperation with the authorities directing the work for cadres seconded; implement and test the implementation mode, the policy for member agency representatives; management of labor discipline and membership representative body; Awards, discipline under the authority or the competent agency proposal rewards, discipline; complaints, accusations as prescribed by law.
3. Participate in activities of Senior Corps Vietnam to visit and work in the country, the international organization of the reception.
4. Responsible for the management, use, cost savings and infrastructure of the representative body in accordance with the law.
5. the preliminary organization, summarized and reported directly to the competent authorities about the operation of the representative body; recommendations to the Minister of Foreign Affairs measures improve the Organization, staffing and mode, policy with regard to representative bodies.
6. In case of emergency, have the right to decide on the necessary measures to protect the life, health, property of member agencies and their families, documents and assets of the representative body, and immediately report to the Minister of Foreign Affairs.
7. in exceptional cases, the decision to take on Member State representative body does not complete the task or behavior that cause serious consequences to our national security, relations with countries, international organizations, receiving, and immediately report to the Minister of Foreign Affairs.
8. Perform other duties and powers prescribed by the law.
Article 22. Who temporarily headed the Agency represented 1. In the case of the head of the temporary body is absent or for other reasons did not perform his mission, the head of the representative body shall appoint a Member representative body of the Ministry of Foreign Affairs has served as temporary head of the next representative body and to immediately report to the Minister of Foreign Affairs.
2. The Minister of Foreign Affairs may designate another person temporarily headed the agency representative.
3. In each specific case, the head of the representative body or the Minister of Foreign Affairs introduced to countries, international organizations receiving designated temporarily headed the agency representative.
Article 23. Appointed, summons members of the representative body 1. Appointed Foreign Minister, summoned other members of the representative body.
2. The procedure of appointment of the other members of the recall, the Agency represented by the Minister of Foreign Affairs regulations.
Article 24. Responsibilities of Member representative agencies 1. Vietnam law compliance, implementation of the regulations of the Ministry of Foreign Affairs and of the representative body; protect and uphold the image, prestige, honor and the interests of the Socialist Republic of Vietnam in the country, the international organization of the reception.
2. To respect the laws and customs of the receiving country; actively contribute to strengthening the relations of friendship and cooperation between the Socialist Republic of Vietnam and international organizations, countries receiving.
3. Executive direction and administration of the head of the representative body; report and responsible to the head of the representative body of the implementation tasks.
4. the protection of State secrets.
5. do not abuse the privileges, exemptions for personal benefits, affecting the honor, reputation of the Socialist Republic of Vietnam and the representative body. During the work at the agency representatives, non-occupational activities are conducted for the purpose of private gain.
Article 25. The responsibility of family members 1. Implementation of the provisions of paragraphs 1, 2 and 4 of article 24 of this Law.
2. do not abuse the privileges, exemptions for personal benefits, affecting the honor, reputation of the Socialist Republic of Vietnam and the representative body.
Article 26. The mode for members of representative bodies and the spouses of members representing agencies 1. Representative body member, spouse undistinguished work was sent along with members represented in work time at the representative body is entitled: a) the salary, allowances, subsidies; the housing mode; the mode of social insurance, health insurance and annual holiday mode in accordance with the law;
b) subsidies in case of injury or death;
c) subsidies and preferential mode in case of working in the area of armed conflicts are occurring, the disaster caused by a natural disaster, epidemic, or in terms of the work particularly hard.
2. Female members of representative bodies of Member's wife or the representative body are elected along with the term travel agency representatives, members of childbirth are entitled to maternity mode as specified by the law. Vacation time birth of female members of representative bodies are calculated on work term.
Article 27. The term public works 1. The term of the membership representative body is 36 months and can be extended in case of need as defined in paragraph 32 of this law, Article 7.
2. within 3 months after completing the work on water, representative body member, spouse undistinguished work was sent along with members representing public servants have yet to accept retirement age and layout of work back at the Agency , held before a business trip.
Article 28. Honorary consuls 1. In the case of consular requirements but don't yet have the conditions established consular representation or consular officers appointed to the Foreign Minister can be appointed Honorary Consul.
2. The procedure of appointment, termination of activities, functions, duties and powers of the Honorary Consul is made according to the provisions of the law.
Article 29. Contract employees 1. Representative body can recruit people who reside in countries where representative body have head office employee contract.
2. Rights and obligations of the contract employees are specified in the employment contract.
Chapter V for DIRECTING, MANAGING, SUPERVISING and COORDINATING the WORK with REGARD to article 30 REPRESENTATIVE OFFICES. The direction and management of representative offices 1. The unified Government in State management of representative offices.
2. The President, the Government, the Prime Minister directs the operation of the representative body.
3. responsible to the Ministry of Foreign Affairs the Government implement state management of representative offices; directly managing, directing and operated on the Organization and operation of the representative body.
Article 31. Monitor congressional representative bodies, the bodies of Parliament and deputies perform surveillance authority for the operation of the representative body in accordance with the law.
Article 32. The responsibility of the Minister for Foreign Affairs 1. Issued under the authority or the competent authority issued the legal text on the representative body.
2. Presiding over the research, suggested the Government advocates the negotiation, signing, joining and implementing international treaties on the representative body.
3. The Prime Minister's approval of the project on the Organization's norms and representative body.
4. Uniform direction, inspection, inspection of the implementation of the policy, foreign policy and the implementation of the functions and tasks of the agency representatives and members of representative bodies in accordance with the law.
5. Implement the provisions of the law of agency representatives.
6. Recommendations to the Prime Minister and the President summons Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations and representative of the President in the international organization.
7. appointment, prolonging, summons members of the representative body, except in the case specified in clause 6 of this Article. The appointment, termination of the operation for the Honorary Consul.
8. Organizes and directs the operational coordination between agencies with the relevant organizations in the country and abroad.
9. Directs the management, using the facilities, technical and funding agencies.
10. Reward, discipline and resolve complaints, accusations as prescribed by law.
Article 33. To coordinate the work between the organs, organizations and bodies representing Vietnam 1. The Agency, the organization responsible for Vietnam: a) provide information needed to serve for external activities of representative offices;
b) timely notification to the Agency expected the program representative, foreign activity plans in the nation, receiving international organizations;
c) collaboration with agencies holding diplomatic activities of the Agency, held in the country of Vietnam, receiving international organizations;
d) in collaboration with the representative body directs external activities of agency representatives, held in the country of Vietnam, international organizations welcome.
2. In the case of representative body should handle the work in the fields of management, if the comments of other representative bodies with the opinion of the Agency, held the head of the relevant representative body have the right to decide, and to immediately report to the Foreign Ministry and inform the Agency , organization departments.
Article 34. To coordinate the work between the delegation was Foreign Affairs and Union representative body was sent for Foreign Affairs announced in time for the representative body in terms of content, the program of activities at the national, international organizations to coordinate the work of receiving and announcing the results of operation for the Agency of represent exacerbations after finishing the work.
Article 35. To coordinate the work between the Agency has dispatched officials and representative agencies 1. The Agency has dispatched officials to coordinate with agencies in building the program, plan the work of the representative body for professional field by the Agency in charge and professional guide service for seconded officials through the heads of representative offices except for special cases.

2. Representative body in collaboration with the Agency have seconded officers to steer, manage the work of seconded officials and reviews of the complete professional service of seconded staff.
Chapter VI PROVISIONS Enacted 36. Effect 1. This Act has effect from September 2009.
2. the Ordinance on November 13, 1990 and the Ordinance on the representative body of the Socialist Republic of Vietnam on 15 December overseas in 1993 expire from the date this law takes effect.
This law was the National Assembly of the Socialist Republic of Vietnam XII, 5 session through June 18, 2009./.

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