In accordance with Article 4 and Article 10 of the Vienna Convention on Consular Relations (VCCR), the establishment of a consular post and appointment of the Head of the consular post requires the consent of the receiving State.
1. Request for admission
1.1 Heads of consular posts include Consuls-General (career Consuls-General or Honorary Consuls-General), Consuls (career Consuls or Honorary Consuls), Vice-consuls (career Vice-consuls or Honorary Vice-consul) and Consular Agents (career or Honorary Consular Agents).
1.2 Procedures of request for admission
The MOFA or Diplomatic Mission of the sending State shall send a note to the MOFA of Viet Nam to request admission for the Head of the consular post (with an attached brief biography).
Note to request admission may be sent by the diplomatic mission of the sending State in Ha Noi to the Consular Department of the MOFA. If the sending State does not have a diplomatic mission in Ha Noi, the MOFA or the diplomatic mission of the sending State may send note via the Vietnamese diplomatic mission in the sending State or in a third country.
1.3 Biography of Head of the consular post should include the following information:
- Full name
- Date of birth/Place of birth
- Career: details of previous posts such as time, title and place
- Family (spouse, children)
- Foreign languages
2. Notification of Admission
When the Head of the consular post is admitted to functions by the Government of Viet Nam, the Consular Department of the MOFA or a diplomatic mission of Viet Nam shall send a note of admission to the sending State be conveyed through the same channel that the sending State had been sent their request.
In accordance with Article 12 of the VCCR, the receiving State is not obliged to give reason for its refusal to grant exequatur.
3. Submission of consular commission and reception of exequatur
Upon receiving the note of admission, the mission of the sending State will send a note to the Cosular Department of the MOFA request an appointment for the submission of the consular commission and reception of the exequatur (a copy of the consular commission should be attached to the note.)
The note should provide the suggested time and the participants from the sending State at the meeting to submit the consular commission and receive the exequatur.
The Consular Department shall confirm with the mission of the sending State on the time for the meeting and who from Viet Nam to receive the consular commission and grant the exequatur.
The Director General of the Consular Department is assigned by the MOFA to host the ceremony for receiving the consular commission and granting the exequatur.
The Director General of the Consular Department may entrust his Deputy to host the ceremony for receiving consular commission and granting the exequatur to Honorary Consuls.