Decree of the Minister for Foreign Affairs No. 86 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Democratic Republic of Vietnam
Valid
Effective from 08.04.1964
86
DECLARATION
Minister for Foreign Affairs
of 22 April 1964
concerning the Consular Convention between the Czechoslovak Socialist Republic and the Democratic Republic of Vietnam
On 14 January 1963, the Consular Convention between the Czechoslovak Socialist Republic and the Democratic Republic of Vietnam was signed in Hanoi.
The Convention was approved by the National Assembly on 25 September 1963 and ratified by the President of the Republic on 11 October 1963. The instruments of ratification were exchanged in Prague on 8 April 1964.
Pursuant to Article 25 thereof, the Convention entered into force on 8 April 1964.
The Czech version of the Convention shall be published simultaneously.
David v. r.
CONSULAR CONVENTION
between
Czechoslovak Socialist Republic and Vietnamese Democratic Republic
The President of the Czechoslovak Socialist Republic and the President of the Democratic Republic of Vietnam, led by an attempt to further expand, in accordance with the wishes and interests of the people of the two states, mutual relations and universal cooperation, particularly in the field of consular relations, on the basis of the principles of proletarian internationalism, have decided to conclude this Consular Convention and to this end have appointed their agents:
President of the Czechoslovak Socialist Republic
Herolda
extraordinary and authorised ambassador to the Czechoslovak Socialist Republic in the Democratic Republic of Vietnam
President of the Democratic Republic of Vietnam
Nguyen Co Thacha
Deputy Minister for Foreign Affairs of the Democratic Republic of Vietnam,
who have exchanged their powers of attorney, which they have found in order and appropriate form, have agreed on the following provisions:
I. Establishment of consulates, broadcasting and reception of consulates:
1. Each Contracting Party may establish, in the territory of the other Contracting Party, general consulates and consulates (hereinafter referred to as consulates) and may appoint general consuls, consuls and vice consuls (hereinafter referred to as consuls).
2. The points where consulates will be established and the consular districts will be determined by agreement of the Contracting Parties.
1. The sending State shall ask the receiving State, through diplomatic channels, to agree with the consul person before sending him to take up his duties.
2. The diplomatic mission of the sending State shall transmit the consultation patent to the Ministry of Foreign Affairs of the receiving State. The consulate patent shall indicate the location of the consulate and the consular district, as determined by agreement between both Parties.
3. The consul shall take up its function after the granting of exequatur by the receiving State.
1. In the case of temporary absence or any other obstacle preventing the consul from carrying on his or her activities, upon his or her removal or death, the sending State may authorise a member of the diplomatic staff of its diplomatic mission, or the official of that or other consulate, to temporarily manage that consulate. The name and function of this worker shall be notified in advance to the Ministry of Foreign Affairs of the beneficiary State.
2. A worker authorised to temporarily manage the consulate shall enjoy all the rights, privileges and benefits reserved for this Convention.
II. Rights, immunities and privileges of consuls and consulate staff:
The competent authorities of the beneficiary State shall provide consultations and consulate staff with the necessary assistance in their activities.
Consuls and consulate staff shall not be subject to the jurisdiction of the courts and administrative offices of the recipient State in their official capacity.
In matters which do not concern their professional activities, consuls and consulate staff shall, if requested, give evidence before the authorities of the beneficiary State.
If consulates and consulate staff are unable to attend for various reasons, they may give evidence in the consulate's rooms or in their apartment or may give written notice to those authorities.
Consuls and consulate staff shall have the right to refuse to provide information concerning their activities.
1. Consular offices are untouchable. The authorities of the beneficiary State may not apply any enforcement measures in the service rooms of the consulates and in the consulate's private apartment.
2. Consulate archives are untouchable. The archives of the official files of consulates may not contain private documents.
3. Documents and telegrams sent and received by the consuls in connection with their official activities shall be untouchable and shall not be subject to control.
4. Consuls can use ciphers and diplomatic mail.
Consuls shall have the right to post the emblem of the sending State on the buildings of the consulate and a sign bearing the designation of the consulate. The national flag of the sending State may be raised on the buildings of the consulate and on the consul's wagon.
1. Consuls and consulate staff, if they are citizens of the sending State, shall be exempt from personal and in-kind transactions and direct taxes.
2. The real estate of the sending State, intended for the placement of consulates or for the housing of consuls and consulate workers, shall be exempt from taxes and benefits in kind.
Obligations of consuls and items imported for their use, as well as items imported for the needs of consulates, shall be exempt from customs duties on a reciprocal basis to the extent that diplomatic staff and diplomatic missions benefit from the exemption.
The provisions of Articles 9 and 10 shall also apply to the spouses and minor children of consul and consulate workers when they are citizens of the sending State, to the extent that they are intended for family members of diplomatic staff and staff of diplomatic missions of the sending State.
III. Powers of the Consul:
Consuls help develop political, economic and cultural contacts between both states.
1. Consuls have the right to defend the interests and rights of the sending State, its citizens and legal persons in their consular district.
2. Consuls may contact the competent authorities and institutions in the consular district directly in their activities and ask for their assistance.
1. Consuls shall be entitled to represent the citizens or legal persons of the State of transmission before the courts and other authorities of the recipient State without special authorisation, provided that they are unable to protect their rights and interests in good time as a result of their absence or otherwise.
2. The consular representation shall cease if the natural or legal person represented by the Consul is to protect his or her rights and interests himself or appoint an agent.
1. Consuls shall have the right to keep records of citizens of the sending State who are permanently or temporarily present in their consular district and to confirm nationality to such persons. This provision remains without prejudice to the right of the Contracting Parties to regulate the registration of foreign nationals.
2. Consuls may issue passports to citizens of the sending State. They may grant visas to enter or exit the sending State.
The consulates shall have the right to act at the consulates, in their own flat or in the apartment of the citizens of the sending State, as well as on a ship or on an aircraft bearing the flag of the sending State or any other sovereign designation thereof, unless the legislation of the sending State prevents it, the following acts:
1. to write, verify and hide wills and documents on unilateral legal acts of citizens of the sending State;
2. to receive, write down or verify written declarations from citizens of the sending State;
3. to write or verify acts of law between the citizens of the sending State; However, they may not draw up or verify acts of law, of the establishment or disposal of rights in buildings or other immovable property which are in the territory of the beneficiary State;
4. to draw up or verify acts of law between the citizens of the sending State and the citizens of the receiving State where those acts relate exclusively to interests in the territory of the sending State or to matters which must be carried out in the territory of the sending State and where the contents of such instruments do not conflict with the legislation of one of the Contracting Parties;
5. to verify the signatures of the citizens of the sending State on all kinds of documents, to verify copies, translations and extracts of documents originating from the authorities, official persons or private persons of the sending or receiving State; verify the signatures and stamps of the authorities or official persons of the sending or receiving State on sheets of all kinds;
6. to receive money and valuable items from citizens of the sending State for safekeeping; However, the legislation of the beneficiary State shall not be disturbed;
7. to carry out other acts to which the consuls of the sending State are responsible, provided that such acts do not infringe the relevant legislation of the receiving State.
Within the limits of its competence, written, issued or certified documents shall not require verification by the authorities of the beneficiary State.
1. In front of the consul, marriage may be concluded under the laws of the sending State, provided that both fiancé are citizens of the sending State.
2. Consuls may certify the birth and death of citizens of the sending State.
3. However, the above measures do not abolish the obligation to comply directly and indirectly with the relevant legislation of the beneficiary State.
Consuls shall, where they are empowered by the laws of the sending State, have the right to appoint a guardian of the citizens of the sending State. In such cases, consuls may exercise custody.
Consuls may provide assistance to ships of the sending State, enter into contact with the crew of the ship and passengers, issue, confirm and review the ship's charter, draw up a cargo record, the purpose of the journey and the incidents, settle disputes between command and crew, and issue and extend seafarers' books and seafarers' cards and make changes and other records therein.
If an accident or a shipwreck occurs, the competent authorities of the receiving State shall notify this and inform the consultations already taken and provide them with the necessary assistance in taking the measures they are taking in connection with the ship's accident.
1. Consuls may provide assistance to aircraft of the sending State. Consuls may contact the competent authorities of the receiving State for assistance to crew members and passengers.
2. During the accident or accident of an aircraft of a sending State, the Consul may take or require measures to provide assistance or rescue crew members and passengers and to protect and repair the aircraft.
Consuls may charge fees under the legislation of the sending State for official acts.
IV. Final provisions
The provisions of this Convention on the Rights and Obligations of Consumers shall be equally applied in relation to staff of diplomatic missions in charge of the performance of the consultative function. This shall be without prejudice to the diplomatic privileges and immunities of such staff.
This Convention shall be ratified. It will take effect on the date of the exchange of the instruments of ratification, which will be carried out in Prague.
This Convention is concluded for a period of five years. It shall remain in force for a further five years, unless one of the Contracting Parties receives a written notification of termination of the Convention six months before the expiry of the current period.
Written in Hanoi on 14 January 1963 in duplicate, each in the Czech and Vietnamese languages, the two texts being equally authentic.
From the power of attorney
President of Czechoslovak Socialist
Republic
Herold v. r.
From the power of attorney
President of Vietnam Democratic
Republic
Thacha v. r.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 86 / 1964 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Democratic Republic of Vietnam |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.05.1964 |
|---|---|
| Effective from | 08.04.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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