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BỘ NGOẠI GIAO
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CỘNG HÒA XÃ HỘI
CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số:
56/2019/TB-LPQT
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Hà Nội, ngày 25
tháng 11 năm 2019
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THÔNG BÁO
VỀ
VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Điều 56 của Luật
Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Hiệp định giữa Chính phủ nước Cộng hòa xã hội chủ
nghĩa Việt Nam và Chính phủ Vương quốc Hà Lan về việc cho phép thân nhân thành
viên cơ quan đại diện ngoại giao, cơ quan lãnh sự làm việc có thu nhập, ký
tại Hà Nội, ngày 25 tháng 4 năm 2019, có hiệu lực từ ngày 01 tháng 12 năm 2019.
Bộ Ngoại giao trân trọng gửi bản sao Hiệp định theo
quy định tại Điều 59 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Lê Đức Hạnh
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AGREEMENT
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE
KINGDOM OF THE NETHERLANDS ON GAINFUL EMPLOYMENT OF FAMILY MEMBERS OF MEMBERS
OF A DIPLOMATIC MISSION AND/OR CONSULAR POST
The Government of the Socialist Republic of Viet
Nam and the Government of the Kingdom of the Netherlands (hereinafter ‘the
Parties’);
Desirous of improving employment opportunities
for family members of members of the diplomatic mission and/or consular post of
the sending State on the territory of the receiving State;
Have agreed as follows:
ARTICLE
1
Authorisation
to engage in gainful employment
Family members, as defined in Article 2 of this
Agreement, shall be allowed to engage in gainful employment in the receiving
State in accordance with the laws and regulations of that State after obtaining
the appropriate authorisation in accordance with the provisions of this
Agreement.
ARTICLE
2
Definitions
For the purposes of this Agreement:
a. “Mission” means the diplomatic mission and/or
consular post.
b. “Member of the Mission” means the head of
mission and the members of the diplomatic, consular, administrative, technical
and service staff of a mission of the sending State, who carry out duties at
this mission and who do neither have the nationality of the receiving State nor
reside permanently in that State.
c. A “family member” means:
- The spouse of a member of the Mission in
accordance with the legislation of the sending State and of the receiving
State;
- An unmarried financially dependent child of a
member of the Mission, who is between the ages of 16 and 25 years and who is
following a full-time course of education or study in the receiving State;
- An unmarried financially dependent child of a
member of the Mission, who is between the ages of 16 and 25 years and is
considered by the receiving State, on the basis of national regulations or on
humanitarian grounds, to form part of the household of the member of the
Mission;
- A child that engages in full-time gainful
employment, in accordance with the national law of the receiving State, shall
not be considered to be financially dependent.
ARTICLE
3
Procedure
for authorisation
1. A family member shall obtain authorisation from
the receiving State before engaging in gainful employment in that State. The
Embassy of the sending State shall send a request in diplomatic note for
authorisation, on behalf of the family member, to the Protocol Department of
the Ministry of Foreign Affairs of the receiving State.
2. The request shall be accompanied by the
necessary documentation establishing the full identity of the person concerned
and indicating the nature of the gainful employment that the family member
wishes to engage in.
3. The Ministry of Foreign Affairs of the receiving
State shall officially notify the Embassy by diplomatic note and within a
maximum period of thirty (30) days from the day of the receipt of the request
whether the family member is authorised to engage in gainful employment, once
it has been established that the person, on whose behalf authorisation is being
requested, is a family member as defined in this Agreement and that the
applicable procedure has been observed. In the Netherlands, the gainful
employment shall be printed on the identity card of the family member. The
family member shall be exempt from the requirement to obtain a work permit, in
accordance with relevant internal regulations of the receiving State.
4. The receiving State may refuse or cancel
authorisation to engage in gainful employment if at any time the family member
contravenes the immigration or naturalisation laws or the tax laws of the
receiving State.
5. The family member is not exempt from the
obligation to comply with requirements applicable to the performance of certain
occupations. The sending State may not interpret the provisions of this
Agreement as conferring a right to engage in a particular profession.
6. The Embassy of the sending State shall notify
the Ministry of Foreign Affairs of the receiving State by diplomatic note of
the termination of the gainful employment undertaken by the family member and
shall submit a new request for authorisation in the event the family member
wishes to engage in any new employment in accordance with the procedure
required in paragraphs 1, 2 and 3 of this Article.
ARTICLE
4
Social
security and taxes
A family member who has obtained authorisation to
engage in gainful employment under this Agreement shall be subject to the
social security regime of the receiving State for all matters connected with
their employment in that State. A family member is also obliged to pay, in the
receiving Stale, all taxes on income arising from the employment carried out
further to this Agreement in so far as this does not conflict with other
applicable international instruments by which both Parties are bound.
ARTICLE
5
Ending
of authorisation
Authorisation for a family member to engage in
gainful employment shall terminate when:
1. Its beneficiary ceases to have the status of a family
member within the definition of this Agreement;
2. The member of the Mission whose family member is
the beneficiary under this Agreement has deceased;
3. The appointment of the member of the Mission in
question ends.
The employment carried out under this Agreement
shall not entitle the family member to continue to reside in the receiving
State. Nor shall it entitle the family member to remain in that gainful
employment or to engage in a different employment in the receiving State once
the authorisation granted under this Agreement has ended.
ARTICLE
6
Immunities
1. If a family member enjoys immunity from the
civil and administrative jurisdiction of the receiving State in accordance with
the Vienna Convention on Diplomatic Relations of 18 April 1961 or under any
other applicable international instruments by which both Parties are bound,
such immunity shall not apply in respect of any claims brought against them on
account of all acts or omissions relating to the gainful employment that they
are engaged in.
2. If a family member enjoys immunity from the
criminal jurisdiction of the receiving State on the basis of the Vienna
Convention on Diplomatic Relations of 18 April 1961 or any other international
agreements by which both Parties are bound, the provisions establishing such
immunity shall be applied with respect to any acts or omissions relating to the
gainful employment that they are engaged in. However, if the matter is serious
in the view of the receiving State, upon request of the receiving State, the
sending State shall give serious consideration to waive the immunity of the
family member from criminal jurisdiction.
3. The waiver of immunity does not cover preventive
measures or the execution of a judgment, for which a separate waiver is
required. The sending State shall give serious consideration to any written
request to that effect by the receiving State.
ARTICLE
7
Dispute
settlement
Any dispute between the Parties concerning the
interpretation, implementation or application of this Agreement shall be
settled amicably through diplomatic channels.
ARTICLE
8
Entry
into force, duration, amendment and termination
1. The Parties shall notify each other in writing,
through diplomatic channels, that the procedures required by their respective
national legislations for the entry into force of this Agreement have been
complied with.
2. This Agreement may be amended by mutual consent
in writing of the Parties through diplomatic channels. Amendments shall enter
into force an the first day of the second month following the date of the
receipt of the last notification of one Party by the other Party that the
procedures required by their respective national legislations for the entry
into force of the amendments have been complied with. These amendments shall form
an integral part of the agreement.
3. This Agreement shall enter into force on the
first day of the second month following the date of the receipt of the last
notification of one Party by the other Party.
4. The Agreement shall remain in force for an indefinite
period. Either Party may terminate this Agreement at any time by giving written
notification to the other through diplomatic channels. In that event, this
Agreement shall cease to have effect six (06) months from the date of the
receipt of such notification by the other Party.
5. With regard to the Kingdom of the Netherlands,
this Agreement shall apply to the European part of the Netherlands, the
Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and
Saba), Aruba, Curacao and Sint Maarten, unless the notification referred to in
paragraph 1 of this Article provides otherwise. In the latter case the Kingdom
of the Netherlands may extend the application of this Agreement at any time to
one or more of its constituent parts by notification to the Socialist Republic
of Viet Nam through diplomatic channels.
IN WITNESS WHEREOF, the undersigned, being
duly authorised thereto, have signed this Agreement.
Done at Ha Noi, on 25th April 2019
in duplicate in the English language.
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FOR THE GOVERNMENT
OF
THE SOCIALIST REPUBLIC
OF VIET NAM
Deputy Minister of Foreign Affairs of the Socialist Republic of Viet Nam
Mr. TO ANH DUNG
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FOR THE
GOVERNMENT OF
THE KINGDOM OF THE
NETHERLANDS
Ambassador Extraordinary and Plenipotentiary of the Kingdom of
the Netherlands to Viet Nam
Ms. ELSBETH AKKERMAN
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