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Decision 2004/qd/bng-2535: Issued The Regulations On The Organization And Operation Of The Consular Authorities Of The Socialist Republic Of Vietnam Abroad

Original Language Title: Quyết định 2535/2004/QĐ-BNG: Ban hành Quy chế về tổ chức và hoạt động của cơ quan lãnh sự nước Cộng hòa xã hội chủ nghĩa Việt Nam ở nước ngoài

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The DECISION, issued the regulations on the Organization and operation of the consular authorities of the Socialist Republic of Vietnam abroad _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MINISTER of FOREIGN AFFAIRS Consular Ordinance based on 13/11/1990 and Decree No. 189/dated 04/06/1992 of the Council of Ministers (Government) detailing the implementation of the Ordinance;
Basing the Ordinance about the representative body of the Socialist Republic of Vietnam abroad on 02/12/1993 and Decree No. 183/CP dated 18/11/1994 the Government detailing the implementation of the Ordinance on the representative body of the Socialist Republic of Vietnam;
Pursuant to Decree No. 21/2003/ND-CP on 10/03/2003 of government functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;
According to the proposal of the Director General, DECIDES: 1. Issued the regulations on the Organization and operation of the consular authorities of the Socialist Republic of Vietnam abroad (except consular Honorary Consul by the head will enact separate regulations).
Article 2. This regulation takes effect after 15 days from the date The quote and replace the regulation on organization and operation of the consular authorities of the Socialist Republic of Vietnam abroad issued previously. This regulation does not apply to Vietnam Consulate in Switzerland.
Article 3. The Office of the Chief Justice he:, Director of the Organization Department, the Consular Bureau Chief, Managing Director-member services, heads of diplomatic missions, consular authorities of the Socialist Republic of Vietnam in foreign countries and the heads of the relevant units responsible for the implementation of this decision.
 
The REGULATIONS on the ORGANIZATION and OPERATION of the CONSULAR AUTHORITIES of the SOCIALIST REPUBLIC of VIETNAM abroad (attached to the decision of the Minister of Foreign Affairs No. 2535/2004/QĐ-BNG, December 2004) i. function, the TASKS of the AGENCY, article 1.
The Agency operates under the provisions of the Ordinance, the Ordinance on the representative body of the Socialist Republic of Vietnam abroad, the provisions of the law of Vietnam, in accordance with the law of the receiving country and the international treaties to which the Socialist Republic of Vietnam and the country receiving signed or joined and in accordance with the International Pub.
Consular agencies (including the Consulate General, Consulate) is the representative body of Socialist Republic Vietnam abroad, activities within the area. Consular areas specified in the agreement, the agreement between the Government of the Socialist Republic of Vietnam with the Government received and recorded in the credentials issued to the head of the Agency.
Article 2.
Consular functions, the following tasks: 1. Implement all the measures taken, in accordance with the law of Vietnam and receiving water law, the international treaties to which Vietnam and the country receiving signed or joined the international practices, and to protect the rights and interests of the State France and Vietnam citizens in the area and restore the rights and legitimate interests of legal entities and citizens of Vietnam when the rights and benefits that violated.
2. Research, learn the situation Vietnam community in the area; civic education Executive Vietnam law, respect the customs of the receiving water, the help they needed to adapt to life in the country; support and help the trade, economy, culture, society of citizens of Vietnam and create favorable conditions for Vietnam citizens often hold ties with family, with my hometown, country; advocacy and community mobilization in Vietnam consular area contribution for the construction of the country.
3. All legal measures in accordance with the law of Vietnam and the law of the receiving countries often learn, reports or provide information to the Foreign Ministry and the Embassy of Vietnam in the receiving water or water chief legal situation, economy, investment, trade cultural, scientific, technical, tourism etc. in the area, contribute to promoting and strengthening the relations of friendship and cooperation between Vietnam and the receiving countries.
4. Study of the possibility of developing consular relations between Vietnam and the receiving country, learn the relationship between receiving countries with other countries; Vietnam Ambassador reports in the receiving water or water Chief Foreign Ministry recommendations proposed the signing of or accession to international treaties relating to consular relations.
5. Perform other consular functions in the consular area: registration and statistics of citizens; granted, extended, Supplement, modify your Passport, travel documents for the citizens of Vietnam; granted, extended, Supplement, modify visas for foreigners; make the protection and help Vietnam nationals in cases of arrest, detention, custody, jailed, killed, or accidents; support and help Vietnam citizens in case they encountered tribulation, difficult; represent or warrant representing France and Vietnam citizens; solve the requirements of citizens about nationality, make the work of Registrar; notary, legalize papers documents under the provisions of the law of Vietnam and the laws of the receiving country; perform consular functions about inheritance, authorization; handle the incidents involving ships, aircraft and other transportation vehicles of the Vietnam consular in the area; performs the functions associated to the room room, plant protection, animal and perform other functions in accordance with the law of Vietnam and not contrary to the law of the receiving country.
6. Perform other duties by the Minister of Foreign Affairs of Vietnam Embassy or credentials in the receiving water or the water authorized chief law match the receiving water.
II. ORGANIZATION and OPERATION of the CONSULAR AUTHORITIES article 3. The Agency operates under the management and direction of the Minister of Foreign Affairs, at the same time subject to the leadership of the Ambassador of Vietnam in the receiving water or water Chief.
Article 4. The head of the Agency has the powers and responsibilities of the following: 1. Directing the Agency's activities under the heads mode, responsible for all aspects of the Agency's activities before the Minister of Foreign Affairs and Ambassador of Vietnam in the receiving water or water Chief; Quarterly, the first six months of the year, and shall report annually to the Minister of Foreign Affairs and Ambassador of Vietnam in the receiving water or water Chief about the situation and the results of operations of the Agency.
2. Organize the implementation of the decision, the directive of the President, Prime Minister, Minister of Foreign Affairs, serving the senior delegation to visit Vietnam and worked in the consular area; at the same time managing, directing and organizing the activities of the SOCIALIST state nominal bore the Vietnam consular in the area.
3. Manage and direct the officers, employees in the Agency performed the entire work of the Consulate and fully implementing the policy, the policy of the party and State and the current provisions of the law, create all favorable conditions for them to complete the task; the full implementation of the State policy and the Ministry of Foreign Affairs for officials and employees.
Article 5. Officer and consular staff have duties and responsibilities: 1. Perform the professional duties as assigned by the head of the Agency; accepted a visiting mode reports the head of a Consulate on issues in the scope of his work.

2. Loyal to the fatherland; preserve and protect the honor, reputation and interests of the State and the Agency; the full implementation of the policy of the party, the State and the existing provisions of the law of Vietnam.
3. Actively contribute to strengthening the friendship and cooperation relations between Vietnam with the country receiving, respecting the law, the customs of the country and the law, international practices.
4. Strictly obey the rules of the national secret protection;
5. Strengthen internal solidarity; keep as a representative of the State and the peoples of Vietnam.
Article 6.
1. In performing the functions consuls, consular rights to contact directly with Governments, organizations and local people, with representative offices in other countries in the region. When should contact the central authority of the receiving country, consular agency right through the Vietnam Embassy in that country. In case of receiving no Vietnam Embassy, Consulate can contact directly with the central authority of the country of which the Foreign Minister if the credentials and be the country receiving approval. In addition, the Agency could perform consular functions in third countries if the Minister of Foreign Affairs credentials and be third countries which accept or perform consular functions authorized by the third water if be the Minister of Foreign Affairs and the receiving countries agree. 2. Consular agency through the Embassy of Vietnam in the receiving water or water Chief to contact the Agency, held in the country to solve the task, the work related to the bilateral relations between the receiving country with Vietnam. In the case of authorized or urgent circumstances, the Agency can contact directly with the bodies in the water but must at the same time report the Ministry of Foreign Affairs and Ambassador of Vietnam in the receiving water or water Chief.
3. The relationship between the Consulate with the other departments of the Embassy of Vietnam in the receiving water or water Chief (like the commercial Division, military etc...), with other organizations, agencies of Vietnam not under the organizational structure of the Agency (as representing pressroom Vietnam Airlines representatives, etc.) and with delegation of Permanent Representative of the Socialist Republic of Vietnam in international intergovernmental organizations in the receiving country (if any) is cooperation, coordinated under the direction of the Minister of Foreign Affairs and Ambassador of Vietnam in the receiving water or water Chief.
4. Relations between the Consular Affairs Bureau and consular relations is the direction, guidance on consular services and expertise of the Consular Bureau.
Article 7. The relevant units of the Ministry of Foreign Affairs and the Embassy of Vietnam in the receiving water or water regular mission Chief, promptly notify the consular agency of the situation in the country, way, advocates, policy of the party, the State and the Ministry of Foreign Affairs; to provide information, other necessary documents for the Agency's activities and create favorable conditions, support, help for the operation of the Agency.
Article 8. The Agency has the task of archiving and security records in the archives of the Agency in accordance with the law.
Article 9. On finance and policy mode 1. The Agency granted private funding and spending on the basis of annual expenditure plan of the Agency is the Ministry of Foreign Affairs. The head of the agency based on the activities of the Department in the work the Agency is responsible for planning, annual budget sent the Foreign Ministry; manage the use of funds, the Agency's property according to the current mode of the State; monthly report of the Ministry of Foreign Affairs under the current rules.
2. consular agencies are headquartered and seals. The headquarters, the House of the head of the Agency and of the officers, consular staff to be addressed under the general regime and in accordance with the actual conditions.