Principles of consular work in Vietnam

Principles of consular work in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Principles of consular work in Vietnam

Principles for performing consular work are specified in Article 7 of Circular 03/2023/TT-BNG including:

- Each processing officer is responsible for one or several stages of the consular document issuance process.

In places where the number of consular jobs is not many or there are not enough officers to be in charge of each stage, one person can perform many steps in the consular document issuance process, but one person must ensure that one person does not handle the entire job as a closed process.

The person receiving the dossier or the person proposing to process the dossier is not the same person who approves and signs the consular documents; the person who approves and signs is not the same person who keeps and stamps the national emblem; and the person who approves and signs is not also the manager of the consular white publication.

- The stages of proposing solutions, approving proposals, checking, verifying, submitting for approval, signing, and granting approval of the document processing step specified in Point b, Clause 1, Article 6 of Circular 03/2023/TT-BNG must be carried out by civil servants of the Consular Department, Ho Chi Minh City Department of Foreign Affairs, diplomatic officers, or consular officers of the representative agency. Proposing solutions and approving proposed opinions must be made in writing or recorded directly in the file.

- The person to whom the consular documents are signed does not sign consular documents directly related to himself or her relatives according to the regulations for the procedures for issuing such documents.

- Responsibilities of heads and officers of representative agencies in consular work:

+ The head of the representative agency directly directs the implementation, monitoring, urging, inspection, and supervision of consular work at the representative agency, including:

Issue procedures for handling consular work at representative agencies, clearly defining the functions, tasks, and responsibilities of the collective and each individual participating in the process of handling consular work.

Assign qualified, ethical,  and capable officers to participate in handling consular work; Issue documents assigning work to each individual involved in handling consular work (person receiving documents; person proposing to handle documents; person returning documents; person holding and stamping the national emblem; person signing consular documents; manager of consular white publications, etc.). The officer assigned to process and propose to handle the dossier must have a valid Certificate of completion of consular training course (at the time of assignment or at the time of approval by the Ministry of Foreign Affairs to travel for a term of office at a representative agency) issued by the Consular Department, except in cases where this Paper is exempted.

The procedures for handling consular work and the roster of officers handling consular work must be notified in writing to the Consular Department and the Personnel Organization Department.

+ The head of the representative agency can authorize a second person or a diplomatic/consular officer to manage and organize consular work at the representative agency (hereinafter referred to as the person in charge of consular affairs).

+ The head of the representative agency is responsible before the Minister of Foreign Affairs and the law for consular work at the representative agency. The person in charge of consular work is responsible before the Head of the representative agency and before the law for the performance of authorized consular tasks and work. Individuals participating in handling consular work are responsible before the Head and person in charge of consular work and before the law for the performance of consular tasks and work that this person participates in handling.

2. Principles for receiving consular documents in Vietnam

- Consular documents must be received at the headquarters of the receiving agency, unless the law allows receiving documents in another form.

- For consular procedures where the applicant can submit the application through an authorized person, authorized organization, by post or online, the application receiving agency will receive the application according to the provisions of that procedure.

- Chief of the Ministry Office, Director of the Consular Department, Director of the Department of Foreign Affairs of Ho Chi Minh City and heads of representative agencies based on the specific situation in their units and areas stipulated in writing the receipt and processing of consular documents through authorization, by post, or online on the basis of current legal regulations and instructions of the Consular Department.

- The officer receiving the dossier is responsible for reviewing and checking the accuracy and completeness of the dossier; clearly state the reason for ineligible cases to receive settlement; Instruct applicants to supplement and complete documents according to regulations.

- The representative agency organizes the reception of consular documents to meet the needs of citizens in handling consular procedures and based on the personnel situation of the representative agency, but must ensure a minimum of 03 working sessions/week at their headquarters.

(Article 8 of Circular 03/2023/TT-BNG)

Circular 03/2023/TT-BNG taking effect on September 15, 2023.

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