Decree of the Minister for Foreign Affairs No. 15 / 1981 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam
Valid
Effective from 13.12.1980
Zobrazeno prvních 200 z celkem 290 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
15
DECLARATION
Minister for Foreign Affairs
of 5 December 1980
concerning the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam
On 14 February 1980, the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam was signed in Hanoi.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 13 November 1980.
Pursuant to Article 55 of the Convention, the Convention will enter into force on 13 December 1980.
The Czech version of the Convention shall be published simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam
President of the Czechoslovak Socialist Republic
and
President of the Socialist Republic of Vietnam
Desiring to adjust consular contacts between the two states and develop these contacts in a spirit of friendship and cooperation
they have decided to conclude this Consular Convention and have appointed for that purpose their agents:
President of the Czechoslovak Socialist Republic
Bohuslav Puppy,
Minister for Foreign Affairs,
President of the Socialist Republic of Vietnam
Nguyen Co Thacha,
Minister for Foreign Affairs,
who have exchanged their powers of attorney which they have found in good and proper form and have agreed on the following provisions:
Definitions
For the purposes of this Convention, the following expressions have the following meanings:
(a) the term "consular office" shall mean the Consulate General, the Consulate, the Vice-consulate or the consular office;
(b) the term "consular circuit" means a territory designated by the consular office for the performance of consular functions;
(c) the term "Head of the consular post" shall indicate the person authorised by the sending State to carry out the duties associated with his official status;
(d) the term "consular officer" means any person, including the head of the consular post, in charge of carrying out consular functions;
(e) the term "consular staff" means any person employed in the administrative, technical or domestic services of the consular office;
(f) the term "members of consular staff" means consular officials, excluding the head of consular post and consular staff;
(g) the term "members of the consular post" shall mean consular officials and consular staff;
(h) the term "consular rooms" means buildings or parts of buildings and land belonging thereto which are used exclusively for the purposes of the consular post, irrespective of who is their owner, including the seat of the head of the consular post;
(i) the term "consular archives" means all documents, documents, correspondence, books, films, records and registers of the consular post, together with the codes and codes, files and any parts of the equipment intended for their protection and storage;
(j) the term "official correspondence" means all correspondence relating to the consular post and its functions;
(k) the term "ship" means a vessel flying the flag of a sending State, with the exception of warships;
(l) the term "aircraft" shall mean a civil aircraft registered and imatriated in the sending State in accordance with its legislation and bearing its designation.
Establishment of consular posts and appointment of consular officials and consular staff
1. The Consultative Office may be established in the territory of the beneficiary State only with its consent.
2. The seat of the consular office, its class and consular district shall be determined by the sending State and shall be subject to the approval of the recipient State.
3. Later changes to the seat of the consular office, its class or the change of the consular district may be made by the sending State only with the consent of the receiving State.
4. The prior explicit consent of the beneficiary State shall also be required to establish an office forming part of the consular post, where it is located outside its seat.
Only a citizen of the sending State may be a consulate official.
The Head of the consular posts shall be appointed by the sending State and accepted to perform his duties by the State receiving.
1. The sending State shall provide the Head of the consular post with a document in the form of a patent or similar document drawn up for each appointment, which shall certify its function and shall, as a general rule, indicate its full name, category and class, consular circuit and seat of the consular post.
2. The sending State shall send the patent or similar document by diplomatic or other appropriate means to the Government of the State in whose territory the Head of the consular post is to perform his duties.
1. The Head of the consular post shall be recruited to perform his duties on the basis of the acceptance of the recipient State called exequatur, whatever the form of admission is.
2. A State which refuses to provide exequatur shall not be obliged to inform the sending State of the reasons for its refusal.
Pending the granting of exequatur, the Head of the consular post may be recruited on a provisional basis to perform his duties. In that case, the provisions of this Convention shall apply to it.
1. If, for any reason, the Head of the consular post is unable to perform his duties or if the post of Head of consular post is temporarily vacant, the sending State may delegate the post of temporary head of consular post to the consular officer of that office or of another consular office or member of diplomatic staff of a diplomatic mission; the name of that person must be communicated in advance to the Ministry of Foreign Affairs of the beneficiary State.
2. The temporary Head of the consular post shall be granted the rights, privileges and immunities enjoyed by the Head of the consular post under this Convention.
As soon as the Head of the consular post is accepted for the performance of his duties, whether provisionally or ad interior, the receiving State shall immediately inform the competent authorities of the consular district thereof and shall take appropriate measures to enable the Head of the consular post to carry out his duties and to benefit from this Convention.
The sending State shall notify the Ministry of Foreign Affairs of the receiving State:
(a) the appointment of members of the consular post, their arrival at the consular post, their final departure or termination of their duties, and any other changes affecting their position which may arise during their service at the consular office;
(b) the arrival and final departure of a member of the family of a member of the consular post belonging to his household and, where applicable, cases where a person becomes or ceases to be a member of his family;
(c) admission to and dismissal from the employment of persons established in the recipient State as regards members of the consular post.
1. The receiving State shall issue to each consular officer a document certifying its right to carry out consular functions in the territory of the receiving State.
2. The receiving State may at any time and without giving reasons for its decision notify the sending State that a consular officer is persona non grata or that any other member of the consular staff is unacceptable. In such a case, the sending State shall, depending on the nature of the case, withdraw the person concerned, terminate his duties at the consular office or withdraw his appointment.
3. If the sending State refuses or omits to comply within a reasonable period of time with the obligations it has under paragraph 2 of this Article, the receiving State may, depending on the nature of the case, withdraw the exequatur or cease to consider it as a member of consular staff.
The post of member of the consular post shall end, inter alia:
(a) a written notification by the sending State to the receiving State that its functions have ceased;
(b) by exequatur;
(c) a written notification by the recipient State to the sending State that the recipient State has ceased to consider it as a member of consular staff in the cases foreseen in Article 11 (3).
Privileges and immunities
1. The receiving State shall fully facilitate the performance of the functions of consular and consular officials and shall take the necessary measures to enable them to enjoy the rights, privileges and immunities set out in this Convention.
2. The beneficiary State shall treat the members of the consular post with due respect and shall take all appropriate measures to ensure their protection, freedom and dignity.
1. The sending State shall have the right to use its flag and emblem in the receiving State in accordance with the provisions of this Article.
2. The State flag of the sending State may be displayed and the national emblem placed on the building of the consular office and its entrance, the residence of the Head of the consular office and its means of transport, if used for service purposes.
3. The laws, regulations and practices of the beneficiary State shall be taken into account in the exercise of the right under this Article.
1. The sending State may, in accordance with the laws of the receiving State, hire, acquire ownership or use, in whatever form provided for by that legislation, land, buildings or parts of buildings for the needs of the consular office or for the accommodation of members of the consular post who are citizens of the sending State.
2. The receiving State shall provide the sending State with all necessary assistance in the acquisition of land and buildings or parts of buildings for the purposes referred to in paragraph 1.
3. The sending State shall not be deprived of the obligation to comply with the construction and zoning legislation or other restrictions applicable to the area in which the land, buildings or parts of buildings are located.
1. The rooms of the consular office are untouchable. The authorities of the receiving State may not enter them without the permission of the Head of the consular post, the Head of the diplomatic mission of the sending State or the person authorised by one of them.
2. The beneficiary State has a special obligation to take all appropriate measures to protect the rooms of the consular post from intrusion or damage and to prevent any interference or damage to its dignity.
3. The rooms of the consular office, their facilities and other property shall not be subject to inspection, props, seizure or execution.
Consular archives and documents are always untouchable wherever they are found. Documents of a personal nature cannot be stored in consular archives.
1. The sending State shall be exempt from all taxes, levies and charges in the receiving State:
(a) land, buildings and parts of buildings used for consular purposes or as dwellings of members of the consular post, if they are owned or hired on behalf of the sending State;
(b) contracts and instruments relating to the acquisition of immovable property referred to in paragraph 1 (a);
(c) the performance of consular functions, including the collection of consular fees and charges.
2. The sending State shall also be exempt in the recipient State from all taxes, levies and charges on movable property owned or held by the sending State and intended solely for consular purposes.
3. The exemption provided for in this Article shall not apply to fees and charges for proven services.
1. Consulate officials and their family members who are neither citizens of nor resident in the recipient State shall not be subject to the criminal, civil or administrative jurisdiction of the recipient State.
2. Consulate staff shall not be subject to the criminal, civil and administrative jurisdiction of the recipient State in respect of the performance of their official functions.
3. the provisions of paragraphs 1 and 2 shall not apply to civil proceedings:
(a) resulting from contracts not concluded by the consular officer or staff member on behalf of the sending State;
(b) an inheritance where a consular official or consular staff member does not act as a sending State but as a private person;
(c) concerning liability for damage caused in the recipient State to third parties in the operation of a vehicle, ship or aircraft;
(d) concerning any private or commercial activity carried out by a consular officer or staff member in the recipient State in addition to his official duties.
4. The receiving State shall inform the Head of the consular post without delay in cases where the consular staff member is detained, arrested or prosecuted.
1. Members of the consular post may be invited to appear as witnesses to judicial or administrative proceedings. Consultant staff may not, except in the cases referred to in paragraph 4 of this Article, refuse to give evidence. If the consular officer refuses to give evidence, no enforcement measures or other penalties may be applied against him.
2. The relevant provisions of paragraph 1 concerning consular officials and consular staff shall apply mutatis mutandis to members of their families.
3. The authority requesting evidence must ensure that it does not restrict the consular officer in the performance of his duties. Whenever possible, he may accept or accept testimony in writing at his residence or consular office.
4. Members of the consular post and their family members shall not be obliged to give evidence of the facts relating to the performance of their duties or to submit official correspondence and documentation concerning such facts. They shall also be entitled to refuse to submit an opinion as experts in the national law of the sending State.
1. The sending State may waive the privileges and immunities referred to in Articles 19 and 20 with a member of the consular post.
2. The surrender of privileges and immunities shall in all cases be explicit, with the exception of the provisions of paragraph 3 of this Article, and shall be communicated in writing to the beneficiary State.
3. Where a consular official or consular staff commences proceedings in a case in which he has benefited from an exemption from jurisdiction pursuant to Article 19, he may not rely on an exemption from jurisdiction in respect of actions relating directly to the main action.
4. Giving up immunity from jurisdiction in civil or administrative matters does not mean waiving immunity as regards the execution of a judgment; This immunity must be waived separately.
The receiving State shall exempt members of the consular post and their family members living with them in the common household from all personal services, public services of any kind and from military duties such as props, military contests and military accommodation.
1. Consulate officials, consular staff and their family members living with them in the common household shall be exempt from all obligations imposed by the laws and regulations of the recipient State in respect of registration of foreigners, residence permits, work permits and other formalities generally applicable to foreigners.
2. However, the provisions of paragraph 1 of this Article shall not apply to consular staff who are not nationals of the sending State or who pursue a private gainful activity in the recipient State or to members of their families.
1. The members of the consular office and their family members living with them in the common household shall be exempt from the social security provisions applicable, where appropriate, in the recipient State in respect of the services they perform for the sending State.
2. The exemption provided for in paragraph 1 of this Article shall not prevent voluntary participation in the social security scheme of the beneficiary State, provided that participation in it is permitted by the beneficiary State.
Consultant officials and consular staff and their family members living with them in the common household shall be exempt from all taxes and charges, whether personal or in-kind, national, regional or local, with the exception of:
(a) indirect taxes normally included in the price of goods or services;
(b) taxes and charges on private immovable property in the territory of the beneficiary State, subject to the provisions of Article 18;
(c) inheritance and transfer fees levied by the beneficiary State, subject to the provisions of point (b) of Article 27;
(d) taxes and charges on private income of all kinds originating in the beneficiary State, including profits arising from the transfer of assets;
(e) taxes and charges levied on the provision of special services;
(f) registration, judicial, mortgage and stamp fees, subject to the provisions of Article 18.
1. The beneficiary State shall, in accordance with the laws and regulations in force, authorise imports and grant exemptions from all customs duties, taxes and other charges other than storage, transport and similar charges:
(a) articles, including cars, intended for the official use of the consular office;
(b) articles intended for the personal use of consular officials and their family members living with them in the common household, including articles intended for their initial establishment. Consumer articles may not exceed the quantity required for direct consumption by the persons concerned.
2. Consultants shall enjoy the privileges and exemptions referred to in paragraph 1 of this Article if they are articles imported on taking up office.
3. The personal luggage of consular officials and their family members living with them in the common household shall be exempt from the customs inspection. They may be examined only where there are serious grounds for believing that they contain articles other than those referred to in point (b) of paragraph 1 of this Article, or objects whose import or export is prohibited by the laws and regulations of the recipient State or which are subject to its laws and regulations on quarantine. Such inspection may only be carried out in the presence of a consular officer or his family member.
In the event of the death of a member of the consular post or of a member of his family living with him in the common household, the recipient State shall:
(a) authorise the export of movable property of the deceased, with the exception of property acquired in the recipient State, whose export is prohibited at the time of his death;
(b) shall not levy national, regional or local inheritance or transfer fees, if they are movable property which has been in the territory of the recipient State only as a result of the residence of the deceased in that State as a member of the consular post or a family member of a member of the consular post.
1. The beneficiary State shall allow and protect the freedom to connect the consular office for all official purposes. When connected to the government, diplomatic missions and other consular authorities of the sending State, wherever they are, the consular office may use all appropriate means of communication, including diplomatic couriers, diplomatic or consular baggage and coded or encrypted messages.
2. When using public fasteners, they will apply the same conditions to the consular office as to the diplomatic mission.
3. Official correspondence of the consular office shall be inviolable.
4. The consular baggage shall not be opened or detained. However, if the competent authorities of the beneficiary State have serious grounds to believe that the baggage contains anything other than official correspondence or documents or articles intended solely for official use, they may request that the baggage be opened in their presence by the responsible representative of the sending State. If the authorities of the sending State reject such a request, the baggage shall be returned to the place of origin.
5. Consular baggage may be entrusted to the ship's captain or civilian aircraft to land at the authorised entry point. The captain shall be provided with an official document indicating the number of consignments forming consular baggage but shall not be considered as a consular courier. After consulting the competent local authorities, the consular authority may instruct one of its members to take the said baggage directly and freely from the ship or aircraft captain or from him.
Subject to the legislation of the beneficiary State on areas to which access is prohibited or modified for reasons of national security, a consular officer or a consular staff member, as well as members of his family, may freely travel the consular district. The provisions of this Article shall not affect the formalities laid down for issuing visas or other travel documents under the legislation of the beneficiary State.
1. Without prejudice to their privileges and immunities, all persons enjoying such privileges and immunities shall be subject to the laws and regulations of the recipient State, including the transport rules and the insurance rules of motor vehicles; are also required not to interfere in the internal affairs of that State.
2. Consular rooms will not be used in a manner contrary to the performance of consular functions.
Consular competence and consular functions
1. A consular officer shall be entitled to perform the functions referred to in this Convention in the consular district in accordance with the legislation of the recipient State.
2. The consular officer may, with the consent of the recipient State, perform consular functions outside the consular district.
Consultants shall be entitled to:
(a) protect the rights and interests of the sending State and its citizens, including legal persons, in the recipient State;
(b) promote the development of trade, economic, cultural and scientific contacts between the High Contracting Parties and develop friendly contacts between them;
(c) identify by all legal means the state and development of the commercial, economic, cultural and scientific life of the recipient State; report on them to the Government of the Sending State and provide information to interested parties.
Consultative officials may, in the performance of their duties, refer to:
(a) the competent local authorities of their consular district;
(b) the competent central authorities of the beneficiary State.
1. In accordance with the laws and regulations of the receiving State, the consular officer shall have the right to represent or take measures to ensure the appropriate representation of the citizens of the sending State before the courts and other authorities of the receiving State in cases where, for absence or otherwise, he is unable to defend his rights and interests in good time. The same applies to legal entities of the sending State.
2. The representation referred to in paragraph 1 of this Article shall cease as soon as the represented persons have appointed their agent or have themselves protected their rights and interests.
3. Where the consular officer represents the persons referred to in paragraph 1 of this Article, he shall be subject to the law of the recipient State and the jurisdiction of his judicial and administrative authorities under the same conditions and to the same extent as the citizen of that State in the performance of that function.
1. The consular officer shall be entitled, in accordance with the laws of the sending State, to issue, renew, amend, revoke, withdraw and retain travel documents of the citizens of the sending State.
2. It shall be entitled to issue and cancel the relevant visas to persons wishing to travel to the sending State.
1. To the extent provided for by the legislation of the sending State, the consular officer shall be entitled:
(a) accept applications and declarations in respect of citizenship of citizens of the sending State and issue relevant documents;
(b) the acquisition of birth and death certificates of citizens of the sending State and copies of such documents;
(c) surrender and issue appropriate documents, provided that the two fiancé are citizens of the sending State, and provided that the competent authorities of the recipient State so inform, if their legislature so requires;
(d) to register or register the annulment of a marriage under the legislation of the sending State;
(e) accept declarations concerning the family circumstances of the citizens of the sending State.
2. Those provisions shall not exempt persons concerned from the obligation to report prescribed by the legislature of the beneficiary State.
3. The competent authorities of the beneficiary State shall immediately and free of charge send copies and extracts of the documents relating to the citizens of the sending State and required for administrative purposes to the consular office.
The consular officer shall be entitled to:
(a) accept and certify declarations by citizens of the sending State;
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 15 / 1981 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.02.1981 |
|---|---|
| Effective from | 13.12.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0