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VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC

Điều 56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:

Bộ Ngoại giao trân trọng gửi bản sao Hiệp định theo quy định tại Điều 59 của Luật nêu trên./.

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Lê Đức Hạnh

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

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;

ARTICLE 1

Authorisation to engage in gainful employment

ARTICLE 2

Definitions

a. “Mission” means the diplomatic mission and/or consular post.

c. A “family member” means:

- 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;

- 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

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.

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.

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

ARTICLE 5

Ending of authorisation

1. Its beneficiary ceases to have the status of a family member within the definition of this Agreement;

3. The appointment of the member of the Mission in question ends.

ARTICLE 6

Immunities

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.

ARTICLE 7

Dispute settlement

ARTICLE 8

Entry into force, duration, amendment and termination

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.

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.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Agreement.