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THE PRESIDENT SOCIALIST REPUBLIC Of VIETNAM Of THE SOCIALIST Independence - freedom - Happiness REPUBLIC Of VIETNAM htmlhtml---- htmlhtml--- No. 25 L/CTN
HEREBY PROMULGATES
The Ordinance on the privileges and immunities relating to diplomatic mission, consular posts and representative offices of international organisations in Vietnam adopted by the Standing committee of the National Assembly of the Socialist republic of Viet nam (IX Legislature) on 23rd August, 1993.
Hanoi, September 7th, 1993
PRESIDENT
Of THE SOCIALIST REPUBLIC Of VIETNAM
LE DUC ANH
Chapter I General provisions
Article 1
The State of the Socialist republic of Vietnam accords the privileges and immunities provided for in this Ordinance to the diplomatic missions, consular posts, representative offices of international organisations and their members and as well as members of their families for the purposes of facilitating the efficient performance of their official functions and duties in capacity of representatives in Vietnam.
Article 2
1. All persons who enjoy the privileges and immunities provided for in this ordinance shall have:
a) To respect laws and regulations, customs of Vietnam;
b) Not to interfere in Vietnam's internal affairs;
c) Not to use the premises of the mission and the residence of its members for the purposes incompatible with the functions of the mission.
2. Diplomatic agents and career consular officers shall mot practise any professional or commercial activity for personal profit in Vietnam.
Article 3.
In case an international treaty concluded or adhered to by Vietnam contains provisions different from those in this Ordinance, the provisions of such treaty shall be applied.
Article 4
In this Ordinance, the following expressions shall have the meanings hereunder assigned to them.
Expressions concerning diplomatic mission:
a) The " diplomatic mission" is foreign embassy in Vietnam.
b) The " premises of the mission" are the buildings or parts of buildings and the land ancillary used for the official purposes of the mission including the residence of the head of the mission.
c) the " official correspondence" of the diplomatic mission means all correspondence concerning the diplomatic mission and its functions.
d) The " head of the mission" is the ambassador, minister or charge d'affaires charged by the sending State with the duty of acting in that capacity.
e) The " member of the staff of the mission" are the members of the diplomatic staff, of the administrative and technical staff and off the service staff of the mission.
g) the " members of the diplomatic staff" are members of the mission having diplomatic rank, including the head of the mission.
h) The " members of the administrative and technical staff" of the mission are the members of the staff of the mission engaged in the administrative and technical work of the mission.
i) The " members of the family" of the diplomatic agent and of the administrative and technical staff are their spouses and children under 18 years old forming part of their households.
k) The "members of the services staff" of the mission are the members of the staff of the mission in the domestic service of the mission.
l) A " private attendant" is a person in the private employment for a member of the mission and paid by that member.
2. Expressions concerning consular post:
a) " Consular post" means foreign consulate-general, consulate, vice consulate or consular agency in Vietnam.
b) " Consular district" means the area assigned to a consular post for the exercise of consular functions.
c) " Consular premises" means the building or parts of buildings and the land ancillary there to used exclusively for the purposes of the consular post.
d) " Official correspondence" of the consular post includes all correspondence concerning the consular post and its functions.
e) " Head of consular post" means the person charged by sending State with the duty of acting in that capacity.
g) " Members of the consular post" means consular officers, consular employees and members of the service staff.
h) " Consular officer" means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions.
i) " Consular employee" means any person employed in the administrative or technical service of a consular post.
k) The "members of the family" of the consular officer and of the consular employee are their spouses and children under 18 years old forming part of their households.
k) " Member of the service staff" means member of a consular post employed in the domestic service.
l) " Member of the private staff" means a person who is employed exclusively in the private service of a member of the consular post and is paid by that member.
Chapter II Privileges and immunities granted to diplomatic missions.
Article 5
1. The mission and its head shall have the right to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport.
2. The premises of the mission shall be inviolable. The Vietnamese authorities may not enter them, except with the consent of the head of the mission or other members of the mission authorised by him.
3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, confiscation, attachment or execution.
4. The Vietnamese authorities concerned shall take appropriate measures to protect the premises of the mission against any intrusion or damage.
Article 6.
1. The premises of the mission shall be exempt from dues and taxes, other than such as represent payment for specific services rendered.
2. The fees and charges levied by the mission in the course of its official duties in Vietnam shall be exempt from all dues and taxes.
Article 7
The archives and documents the diplomatic mission shall be inviolable.
Article 8.
1. Vietnamese State shall ensure free communication for all official purposes of the mission. In communicating with the Government and the other missions and consulates of the sending State, the missions may employ all appropriate means, including diploma tic couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the Vietnamese Government.
2. The official correspondence of the mission shall be inviolable.
3. The diplomatic bag shall not be opened or detained. Diplomatic bag may include one or more than one packages. The packages constituting the diplomatic bag must be sealed and bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use.
4. The diplomatic courier shall enjoy personal inviolability and be protected by Vietnamese State in the performance of his functions. He shall be provided with an official document indicating his status and the number of packages constituting the diploma tic bag
5. The sending state or the mission may designate diplomatic couriers ad hoc. In such cases the provisions of paragraph 4 of this article shall also apply except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge.
6. A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at an authorised port of entry. He shall be provided with an official document indicating the number of packages constituting the bag but he shall not be cons idered to be a diplomatic courier. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft.
Article 9.
Members of the mission shall enjoy freedom of movement and travel within Vietnamese territories except for areas the entry into which is prohibited and restricted by the regulations of the Vietnamese government.
Article 10.
The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The Vietnamese State will treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dign ity.
Article 11.
1. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.
2. His papers, correspondence and, except as provided in paragraph 3 of Article 12 of this Ordinance, his property, shall likewise enjoy inviolability.
Article 12.
1. A diplomatic agent shall enjoy immunities from the criminal jurisdiction of Vietnam. He shall also enjoy immunities from its civil jurisdiction and administrative sanctions, except in the case of:
a) A real action relating to private immovable property situated in Vietnamese territory in which he is involved as a private person;
b) An action relating to succession in which he is involved as a private person;
c) An action relating to any professional or commercial activity exercised by the diplomatic agent in Vietnam outside his official functions.
2. A diplomatic agent is not obliged to give evidence as a witness. If he volunteers, the way to give evidence is up to him.
3. No measures of execution may be taken in respect of a diplomatic agent except in the case coming under sub-paragraph a, b and c of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability o f his person or of his residence.
Article 13.
1. The immunity from criminal, civil jurisdiction and administrative sanctions of diplomatic agents and of persons enjoying immunity under Article 17 of this Ordinance may be waived expressly by the sending State.
2. The initiation of proceedings by a person mentioned in paragraph 1 of this Article shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
3. Waiver of immunity from civil or administrative jurisdiction as provided in paragraph 1 of this Article shall not be held to imply waiver of immunity in respect of the execution of the judgement and administrative sanctions, for which a separate waiver shall be necessary.
Article 14.
A diplomatic agent shall be exempt from all dues and taxes, except:
a) Indirect taxes;
b) Dues and taxes on private immovable property situated in Vietnam's territory;
c) Dues and taxes on succession or inheritance;
d) Dues and taxes on private income having its source in Vietnam;
e) Charges levied for specific services rendered;
g) Registration, court or record fees, mortgage dues and stamp duty with respect to immovable property, except provisions of paragraph 1 of Article 6 of this Ordinance.
Article 15.
Diplomatic agents shall be exempt from all personal contribution for the purposes of public welfare, security or national defence of the Vietnamese State.
Article 16.
1. Imported articles of diplomatic mission and diplomatic agents shall be exempt from customs duties, taxes and related charges other than charges for storage, cartage and similar services, on:
a) Articles for the official use of the mission;
b) Articles for the personal use of a diplomatic agent including article intended for his establishment;
2. Types, quantities and amounts of imported articles mentioned above, as well as their re-exportation and transfers in Vietnam shall be in accordance with regulations of the Vietnamese State.
3. The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this Article, or article the import or export of which is prohibited by the law or controlled by the quarantine regulations of Vietnamese State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorised representative.
Article 17.
1. The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of Vietnam, enjoy the privileges and immunities specified in Articles 10 to 16 of this Ordinance.
2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, shall, if they are not nationals of or permanently resident in Vietnam, enjoy the privileges and imm unities specified in Articles 10 to 15 of this Ordinance; however the provision of paragraph 1 of Article 12, will be applied only when people mentioned-above are in the exercise of official functions. They shall also enjoy the privileges and immunities specified in Article 16, paragraph 1, in respect of article imported at the time of first installation.
3. Members of the service staff of the mission who are not nationals of or permanently resident in Vietnam shall enjoy immunities in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by r eason of their employment.
4. Private servant of members of the mission shall, if they are not nationals of or permanently resident in Vietnam, be exempt from dues and taxes on the emoluments they receive by reason of their employment.
Article 18.
Vietnamese nationals or foreigners permanently resident in Vietnam who are accepted by the Vietnamese State as diplomatic agents of a foreign mission in Vietnam shall only enjoy immunity from criminal, civil jurisdiction and administrative sanctions and inviolability in respect of official acts performed in the exercise of their functions..
Article 19.
1. Every person entitled to the privileges and immunities specified in Chapter II of this Ordinance shall enjoy them from the moment he enters the Vietnamese territory or from the moment when his appointment is notified to the Ministry for foreign Affair s. When his functions have come to an end, such privileges and immunities shall normally cease the moment when he leaves Vietnam.
2. In case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave Vietnam.
3. In the event of the death of a member of the mission not a national of or permanently resident in Vietnam or a member of his family forming part of his household, Vietnam shall permit the withdrawal of the movable property of the deceased, with the exc eption of any property acquired in Vietnam the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in Vietnam was due solely to the presence there of the deceased as a member of the mission or as a member of the family of a member of the mission.
Article 20.
1. Vietnam shall, even in case of armed conflict, grant facilities in order to enable persons enjoying privileges and immunities, other than nationals of Vietnam, and members of the families of such persons to leave Vietnam at the earliest possible momen t.
2. If diplomatic relations are broken off between Vietnam and other State, or if a mission is permanently or temporarily recalled, Vietnam shall:
a) Respect and protect the premises of the mission, together with its property and archives, even in case of armed conflict;
b) The sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to Vietnam.
Chapter III PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS
Article 21.
1. The consular post shall have the right to use the flag and emblem of the sending State on the premises of the consular post, in the residence of the head of the consular post and on his means of transport when used on official business.
2. The consular premises shall be inviolable.
3. Vietnamese State shall take appropriate measures to protect the consular premises against any intrusion or damage.
4. The Vietnamese authorities may enter the premises only with the consent of the head of the consular post or of his designee or of the head of the diplomatic mission of the sending State. The consent of the head of the consular post may, however, be ass umed in case of fire or other disasters requiring prompt protective action.
5. The premises of the consular post, their furnishings and other property thereon and its means of transport shall be immune from any form of requisition for purposes of national defence, security or public utility. If expropriation is necessary for such purposes all possible steps shall be taken to avoid impeding the performance of consular functions, and prompt, adequate and effective compensation shall be paid to the sending state.
Article 22.
The consular premises and the residence of the head of the consular post shall be exempted from dues and taxes, other than such as represent payment for specific services rendered.
Article 23.
The consular archives and documents shall be inviolable.
Article 24.
Members of the consular post shall enjoy freedom of movement and travel within Vietnamese territory except for areas the entry into which is prohibited and restricted by the regulations of the Vietnamese Government.
Article 25
1. The consular post may for official purposes communicate freely with the Government and the diplomatic missions and other consular post of the sending State.
In so doing, it may employ all appropriate means, including diplomatic or consular, couriers, code or cipher.
However the consular post may install and use a wireless transmitter for the purposes of communication only with the consent of the Vietnamese Government.
2. The official correspondence of the consular post shall be inviolable.
3. The packages constituting the consular bag must be sealed and bear visible external marks of their character and may contain only official correspondence and documents or articles intended exclusively for official use.
4. The consular bag shall not be opened or detained. Nevertheless, if the competent authorities of Vietnamese State have serious reason to believe that the bag contains something other than the correspondence, documents or article for official use of the consular post, they may request that the bag be opened in their presence by an authorised representative of the sending State. If this request is refused by the authorities of the sending State, the bag shall be returned to its place of origin.
5. The consular courier shall be provided with an official document indicating his status and the number of packages constituting the consular bag . In the performance of his functions he shall be protected by the Vietnamese State. He shall enjoy person al inviolability and shall not be liable to any form of arrest or detention. Vietnamese citizen or foreigner permanently resident in Vietnam shall be designated as consular courier only with the consent of the Vietnamese State.
6. The sending State, its diplomatic mission and its consular posts may designate consular couriers ad hoc. In such cases the provisions of paragraph 5 of this Article shall also apply except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the consular bag in his charge.
7. A consular bag may be entrusted to the captain of a ship or of a commercial aircraft. He shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered as a consular courier. By arrang ement with the appropriate local authorities, the consular post may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft.
Article 26.
The consular post may levy in Vietnam the fees and charges provided by the law and regulations of the sending State for consular acts, the sums collected in the form of the fees and charges as mentioned above shall be exempt from all dues and taxes of Vie tnam.
Article 27.
1. Vietnamese State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their persons, freedom and dignity.
2. Consular officers shall enjoy personal inviolability except:
a) In the case of a grave crime and shall be liable to arrest or detention pending trial pursuant to a decision by the competent judicial authority.
b) In the execution of a judicial decision of final effect on the form of imprisonment or of restriction on personal freedom.
3. If criminal proceedings are instituted against a consular officer, he must appear before Vietnamese competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and in a manner w hich will hamper the exercise of consular functions as little as possible. In case the arrest or detention is applied to a consular officer, the proceedings against him shall be instituted with the minimum of delay.
4. In the event of the arrest or detention, pending trial, of a member of the consular staff, or of criminal proceedings being instituted against him, the Vietnamese competent State authorities shall notify the head of the consular post. Should the latt er be himself the object of any such measure, the Vietnamese foreign Ministry shall notify the sending State through the diplomatic channel.
Article 28.
Consular officers and consular employees shall enjoy immunity from criminal jurisdiction when are in the exercise of the consular functions except in case of grave crime. They shall also enjoy immunity from civil and administrative jurisdiction except in case of a civil action concerning:
1. A contract concluded by a consular officer or a consular employee in which he did not contract expressly or impliedly as an agent of the sending State.
2. A traffic accident in which the third party claims for damage.
Article 29.
1. Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings but they are under no obligation to give evidence concerning matters connected with the exercise of their functions.
2. If a consular officer should decline to give evidence, no coercive measure or penalty maybe applied to him.
3. The consular employees and the members of the service staff shall not decline to give evidence when requested by Vietnamese competent authorities.
Article 30.
1. The sending State may waive, with regard to a member of the consular post, any of the privileges and immunities provided for in Article 27, 28 and 29. The waiver shall in all cases be express.
2. The initiation of proceedings by a consular officer or a consular employee in the matter where the might enjoy immunity from jurisdiction under Article 28 shall preclude him from invoking immunity from jurisdiction in respect of any counter-action dir ectly connected with the principal action in which he is complainant.
3. The waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings provided in Article 28 to members of the consular post shall not be deemed to imply the waiver of immunity from the measures of execution resulting from t he judicial decision or administrative sanctions; in respect of such measure, a separate waiver shall be necessary.
Article 31.
Consular officers and consular employees and members of their families forming part of their households who are not Vietnamese citizens or not resident in Vietnam shall be exempt from all dues and taxes, except:
a) Indirect taxes;
b)Dues or taxes on private immovable property situated in Vietnam's territory;
c) Estate succession or inheritance duties, and duties on transfers;
d) Dues and taxes on private income including capital gains having its source in Vietnam and capital taxes relating to investments made in commercial or financial undertaking in Vietnam;
e) Charges levied for specific services rendered;
g) Registration, court or record fees, mortgage dues and stamp duties relating to immovable property except the provision of Article 22;
2. Member of the service staff who are not Vietnamese citizens or not resident in Vietnam shall be exempt from dues and taxes on the wages which they receive for their services.
Article 32.
1. A consular post and its officers shall be permitted entry of and be granted exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on:
a) Articles for the official use of the consular post.
b) Articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establishment.
2. Consular employee shall enjoy the privileges and exemption specified in paragraph 1 of this Article in respect of articles imported at the time of first installation.
3. Kinds, quantities and amounts of imported articles as provided in paragraph 1 of this Article and as well as the re-exportation or the transfer of these articles in Vietnam shall be in accordance with the Vietnamese regulations.
4. Personal baggage accompanying consular officers and members of their families forming part of their household shall be exempt from inspection. It may be inspected only if there is serious reason to believe that it contains articles other than those ref erred to in sub-paragraph b of paragraph 1 of this article or articles the import or export of which is prohibited by the laws and regulations of Vietnam or which are subject to its quarantine laws and regulations. Such inspection shall be carried out in the presence of the consular officer or member of his family concerned or his designee.
Article 33.
Members of the consular post and members of their families forming part of their households shall be exempt from all personal contributions for the purposes of public welfare, security or national defence of the Vietnamese State.
Article 34.
1. Every member of the consular post shall enjoy the privileges and immunities provided for in Chapter III of this Ordinance from the moment he enters the territory of Vietnam on proceeding to take up his post or if already in Vietnam from the moment, the Vietnamese foreign Ministry is notified of the commencement of his duties. All these privileges and immunities shall cease at the moment he leaves Vietnam or concludes his duties.
2. In the event of the death of a member of the consular post, the members of his family forming part of his household shall continue to enjoy the privileges and immunities accorded to them until the expiry of a reasonable period enabling them to leave Vi etnam.
3. In the event of the death of a member of the consular post who is not Vietnamese citizen or not resident in Vietnam, or of a member of his family forming part of his household, the Vietnamese State shall permit the export of the movable property of the deceased, with the exception of any such property acquired in Vietnam the export of which was prohibited at the time of his death. Vietnamese State shall not levy national, regional or municipal estate, succession or inheritance duties, and duties on tr ansfer, on movable property the presence of which in Vietnam was due solely to the presence there of the deceased as a member of the consular post or as a member of the family of a member of the consular post.
Article 35.
1. In the even of a member of the diplomatic mission is entrusted to exercise consular functions, he shall enjoy privileges and immunities as a member of the diplomatic mission.
2. A consular officer may carry out diplomatic activities only with the consent of the Vietnamese State. However he shall not enjoy the diplomatic privileges and immunities.
Article 36.
1. Consular post may be headed by an honorary consular officer.
2. Vietnamese Government shall define procedures of acceptation and status of honorary consular officers in Vietnam.
Article 37.
1. Provisions of sub- paragraph 1 of Article 20 and of paragraph 1 of Article 21, of Article 24 and 26 of this Ordinance shall apply to consular posts headed by an honorary consular officer.
2. Provisions of sub-paragraphs a, b of paragraph 1 of Article 2 of paragraph 4 of Article 27; of Article 28; of paragraph 1 of Article 29; of Articles 30 and 34 shall apply to honorary consular officers.
3. The privileges and immunities provided in Chapter III of this Ordinance shall not be accorded to members of the family of an honorary consular officer or of a consular employee employed at a consular post headed by an honorary consular officer.
Article 38.
1. The consular archives and documents of a consular post headed by an honorary consular officer shall be inviolable as specified in Article 23, provided that they are kept separate from other papers and documents, and in particular, from the private corr espondence of the head of a consular post and of any person working with him, and from the materials, books or documents relating to their profession or trade.
2. Consular post headed by honorary consular officer as well as the government of the sending State and its other diplomatic mission and consular posts shall only use diplomatic and consular couriers, diplomatic and consular bags and messages in code or c ipher to communicate with the consular post headed by honorary consular officer in Vietnam with the consent of the Vietnamese State for each case.
3. A consular post headed by honorary consular officer shall enjoy the privileges and immunities on customs provided in sub-paragraph a of paragraph 1 of Article 32, but limited to : national flag, national emblem, consular signboard, seals and stamps, bo oks, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post.
4. An honorary consular officer shall be exempt from the taxes and charges towards sum of money that paid for the exercise of the consular functions by the sending State.
Chapter IV PRIVILEGES AND IMMUNITIES RELATING TO REPRESENTATIVE OfFICES Of INTERNATIONAL ORGANISATIONS
Article 39.
Representative office of Organisation of the United Nations system and its members as well as members of their families forming part of their households shall enjoy privileges and immunities as specified in international treaties which Vietnam has signed or acceded to.
Article 40.
Representative office of inter-governmental organisation which is outside of the United Nations system and its members as well as members of their families forming part of their household shall enjoy the privileges and immunities as provided in the intern ational treaties that Vietnam has signed with that international organisation.
Article 41.
Representative office of non-governmental organisation and its members as well as members of their families forming part of their households shall enjoy the privileges and immunities provided by Vietnamese Government towards that organisation on the basis of the agreement between the two sides.
Article 42.
Delegation of international organisation, their members and those who accompany them, coming to Vietnam for official, working visit or transiting shall enjoy necessary privileges and immunities according to international treaties concluded or adhered to by Vietnam or to Vietnam's laws and the regulations.
Chapter V STATE MANAGEMENT Of THE EXERCISE Of PRIVILEGES AND IMMUNITIES RELATING TO DIPLOMATIC MISSIONS, CONSULAR POSTS AND REPRESENTATIVE OfFICES Of INTERNATIONAL ORGANISATIONS IN VIETNAM
Article 43.
State management of the implementation of the privileges and immunities provided in this Ordinance includes:
1. Promulgation of regulations concerning the implementation of the Ordinance.
2. Guidance of the implementation of the Ordinance.
3. Inspections and supervisions of the implementation of the Ordinance and handling of the violation of the Ordinance.
4. Negotiations, signing agreements, acceding to international treaties on privileges and immunities relating to diplomatic missions, consular posts and representative offices of international organisations.
Article 44.
1. The Government conducts unified State management of the implementation of the privileges and immunities concerning diplomatic mission, consular posts and representative offices of international organisations in Vietnam.
2. The foreign Ministry is authorised by the Government to take responsibilities and competence's in the performance of State management on this field.
3. Other ministries, branches and local administrations at all levels within their duties and authorities shall have responsibilities to co-operate with the foreign Ministry in the implementation of State management on this field.
4. Economic and social organisations and Vietnamese citizens shall have responsibilities to support State competent bodies in correctly implementing regulations of this Ordinance.
Article 45.
Those who violate provisions of this Ordinance shall be dealt with under Vietnamese laws and in accordance with international law and customs.
Chapter VI. fiNAL PROVISION
Article 46.
The privileges and immunities specified in this Ordinance shall be applied in respect of foreign delegations, their official members as well as those who accompany them coming to Vietnam for official, working visits or transits on the reciprocal basis and in accordance with international law and customs.
Article 47.
1. Diplomatic agents, consular officers and their families' members transiting Vietnam to their work or to their homes shall enjoy the privileges and immunities specified in this Ordinance that are necessary for their transit.
2. Other members of diplomatic missions and consular posts as well as their families transiting Vietnam to their work or to their homes shall be given favourable conditions for their transit.
3. Correspondence and other forms of communication including codes and ciphers of the diplomatic missions and consular posts, diplomatic couriers and bags, consular couriers and bags when transiting Vietnam shall enjoy the right to be free and protected a s specified by receiving State in accordance with the provisions of this Ordinance.
Article 48.
1. In the application of the provisions of this Ordinance, the Vietnamese State shall not discriminate as between State.
2. However, in some cases, the Vietnamese State may:
a) Apply any of the provisions of this Ordinance restrictively because of a similar restrictive application of that provision to Vietnamese diplomatic mission or consular post in the sending State.
b) Extend, on the basis of bilateral agreement or international customs recognised by Vietnam, more favourable treatment than is required by the provisions of this Ordinance to diplomatic mission or consular post.
Article 49.
All previous regulations contrary to this Ordinance shall be repealed.
The Government shall stipulate detailed provisions regarding the implementation of this Ordinance.
Hanoi, August 23rd, 1993.
fOR THE STANDING COMMITTEE
Of THE NATIONAL ASSEMBLY Of THE SOCIALIST
REPUBLIC Of VIETNAM
Chairman
NONG DUC MANH.