Legal basis
- The 1963 Vienna Convention on Consular Relations
- Ordinance on Privileges and Immunity for Foreign Diplomatic Agencies, Consular Agencies and Representative Agencies of International Organizations in Vietnam dated March 28, 1993.
- The civil code, the criminal code and the criminal proceedings code of Vietnam.
Procedures
1. After a prosecution decision is issued, the investigation authority must notify in writing the HCM City Department of Foreign Affairs, stating details about the foreigner to be prosecuted, the time of and reason for prosecution, the custody (if any) and the place of custody.
2. Upon receiving the notification from the investigation authority, the Department of Foreign Affairs will send an official note to the consular agency representative of the foreigner to be prosecuted.
3. When the Department of Foreign Affairs receives a note from the consular agency requesting a visit to the foreigner to be prosecuted, the department will forward the note to the authorities concerned.
- If the case is under investigation, the permission for the visit will be decided by the investigation authority.
- If the case has been transferred to the Prosecution Bureau or the Court, the permission for the visit will be decided by the Prosecution Bureau at the same level. The Department of Foreign Affairs will contact the place of custody to arrange the time for the visit.
- If the case is in a province, the note will be sent to the office of the provinxccial people’s committee or the provincial department of foreign affairs.
- The time for the visit will be arranged by the authorities in accordance with the law.
4. When the case is put to trial, the Department of Foreign Affairs will notify the Court’s announcement to the representative consular agency for attendance. In special cases, officers from the department will attend the trial with the consular representative.
5. When the prison sentence takes effect, the defendant will be sent to the detainment center to serve it.
6. After the defendant completes the sentence, the department will work with the representative consular agency to send him/her back home.
