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法規名稱: Vienna Convention on Diplomatic Relations
簽訂日期: 民國 50 年 04 月 18 日
簽約國: 國際組織 > 聯合國
沿革:
1.Done at Vienna on 18 April 1961 Entered into force on 24 April 1964.

 
The States Parties to the present Convention,

Recalling that peoples of all nations from ancient times have
recognized the status of diplomatic agents,

Having in mind the purposes and principles of the Charter of the
United Nations concerning the sovereign equality of States, the
maintenance of international peace and security, and the
promotion of friendly relations among nations,

Believing that an international convention on diplomatic
intercourse, privileges and immunities would contribute to the
development of friendly relations among nations, irrespective of
their differing constitutional and social systems, Realizing
that the purpose of such privileges and immunities is not to
benefit individuals but to ensure the efficient performance of
the functions of diplomatic missions as representing States,

Affirming that the rules of customary international law should
continue to govern questions not expressly regulated by the
provisions of the present Convention,

Have agreed as follows:

Article 1
For the purpose of the present Convention, the following
expressions shall have the meanings hereunder assigned to them:
(a) The “ head of the mission ” is the person charged by the
sending State with the duty of acting in that capacity;
(b) The “ members of the mission ” are the head of the mission
and the members of the staff of the mission;
(c) The “ members of the staff of the mission ” are the
members of the diplomatic staff, of the administrative and
technical staff and of the service staff of the mission;
(d) The “ members of the diplomatic staff ” are the members of
the staff of the mission having diplomatic rank;
(e) A “ diplomatic agent ” is the head of the mission or a
member of the diplomatic staff of the mission;
(f) The “ members of the administrative and technical staff ”
are the members of the staff of the mission employed in the
administrative and technical service of the mission;
(g) The “ members of the service staff ” are the members of
the staff of the mission in the domestic service of the
mission;
(h) A “ private servant ” is a person who is in the domestic
service of a member of the mission and who is not an
employee of the sending State;
(i) The “ premises of the mission ” are the buildings or parts
of buildings and the land ancillary thereto, irrespective of
ownership, used for the purposes of the mission including
the residence of the head of the mission.

Article 2
The establishment of diplomatic relations between States, and of
permanent diplomatic missions, takes place by mutual consent.

Article 3
1.The functions of a diplomatic mission consist, inter alia, in:
(a) Representing the sending State in the receiving State;
(b) Protecting in the receiving State the interests of the
sending State and of its nationals, within the limits
permitted by international law;
(c) Negotiating with the Government of the receiving State;
(d) Ascertaining by all lawful means conditions and developments
in the receiving State, and reporting thereon to the
Government of the sending State;
(e) Promoting friendly relations between the sending State and
the receiving State, and developing their economic, cultural
and scientific relations.
2.Nothing in the present Convention shall be construed as
preventing the performance of consular functions by a
diplomatic mission.

Article 4
1.The sending State must make certain that the agrement of the
receiving State has been given for the person it proposes to
accredit as head of the mission to that State.
2.The receiving State is not obliged to give reasons to the
sending State for a refusal of agrement.

Article 5
1.The sending State may, after it has given due notification to
the receiving States concerned, accredit a head of mission or
assign any member of the diplomatic staff, as the case may be,
to more than one State, unless there is express objection by
any of the receiving States.
2.If the sending State accredits a head of mission to one or
more other States it may establish a diplomatic mission headed
by a charge d ’ affaires ad interim in each State where the
head of mission has not his permanent seat.
3.A head of mission or any member of the diplomatic staff of the
mission may act as representative of the sending State to any
international organization.

Article 6
Two or more States may accredit the same person as head of
mission to another State, unless objection is offered by the
receiving State.

Article 7
Subject to the provisions of articles 5, 8, 9 and 11, the
sending State may freely appoint the members of the staff of the
mission. In the case of military, naval or air attaches, the
receiving State may require their names to be submitted
beforehand, for its approval.

Article 8
1.Members of the diplomatic staff of the mission should in
principle be of the nationality of the sending State.
2.Members of the diplomatic staff of the mission may not be
appointed from among persons having the nationality of the
receiving State, except with the consent of that State which
may be withdrawn at any time.
3.The receiving State may reserve the same right with regard to
nationals of a third State who are not also nationals of the
sending State.

Article 9
1.The receiving State may at any time and without having to
explain its decision, notify the sending State that the head
of the mission or any member of the diplomatic staff of the
mission is persona non grata or that any other member of the
staff of the mission is not acceptable. In any such case, the
sending State shall, as appropriate, either recall the person
concerned or terminate his functions with the mission. A
person may be declared non grata or not acceptable before
arriving in the territory of the receiving State.
2.If the sending State refuses or fails within a reasonable
period to carry out its obligations under paragraph 1 of this
article, the receiving State may refuse to recognize the
person concerned as a member of the mission.

Article 10
1.The Ministry for Foreign Affairs of the receiving State, or
such other ministry as may be agreed, shall be notified of:
(a) The appointment of members of the mission, their arrival and
their final departure or the termination of their functions
with the mission;
(b) The arrival and final departure of a person belonging to the
family of a member of the mission and, where appropriate,
the fact that a person becomes or ceases to be a member of
the family of a member of the mission;
(c) The arrival and final departure of private servants in the
employ of persons referred to in subparagraph (a) of this
paragraph and, where appropriate, the fact that they are
leaving the employ of such persons;
(d) The engagement and discharge of persons resident in the
receiving State as members of the mission or private
servants entitled to privileges and immunities.
2.Where possible, prior notification of arrival and final
departure shall also be given.

Article 11
1.In the absence of specific agreement as to the size of the
mission, the receiving State may require that the size of a
mission be kept within limits considered by it to be
reasonable and normal, having regard to circumstances and
conditions in the receiving State and to the needs of the
particular mission.
2.The receiving State may equally, within similar bounds and on
a non-discriminatory basis, refuse to accept officials of a
particular category.

Article 12
The sending State may not, without the prior express consent of
the receiving State, establish offices forming part of the
mission in localities other than those in which the mission
itself is established.

Article 13
1.The head of the mission is considered as having taken up his
functions in the receiving State either when he has presented
his credentials or when he has notified his arrival and a true
copy of his credentials has been presented to the Ministry for
Foreign Affairs of the receiving State, or such other ministry
as may be agreed, in accordance with the practice prevailing
in the receiving State which shall be applied in a uniform
manner.
2.The order of presentation of credentials or of a true copy
thereof will be determined by the date and time of the arrival
of the head of the mission.

Article 14
1.Heads of mission are divided into three classes, namely:
(a) That of ambassadors or nuncios accredited to Heads of State,
and other heads of mission of equivalent rank;
(b) That of envoys, ministers and internuncios accredited to
Heads of State;
(c) That of charges d ’ affaires accredited to Ministers for
Foreign Affairs.
2.Except as concerns precedence and etiquette, there shall be no
differentiation between heads of mission by reason of their
class.

Article 15
The class to which the heads of their missions are to be
assigned shall be agreed between States.

Article 16
1.Heads of mission shall take precedence in their respective
classes in the order of the date and time of taking up their
functions in accordance with article 13.
2.Alterations in the credentials of a head of mission not
involving any change of class shall not affect his precedence.
3.This article is without prejudice to any practice accepted by
the receiving State regarding the precedence of the
representative of the Holy See.

Article 17
The precedence of the members of the diplomatic staff of the
mission shall be notified by the head of the mission to the
Ministry for Foreign Affairs or such other ministry as may be
agreed.

Article 18
The procedure to be observed in each State for the reception of
heads of mission shall be uniform in respect of each class.

Article 19
1.If the post of head of the mission is vacant, or if the head
of the mission is unable to perform his functions a charge d
’ affaires ad interim shall act provisionally as head of the
mission. The name of the charge d ’ affaires ad interim shall
be notified, either by the head of the mission or, in case he
is unable to do so, by the Ministry for Foreign Affairs of the
sending State to the Ministry for Foreign Affairs of the
receiving State or such other ministry as may be agreed.
2.In cases where no member of the diplomatic staff of the
mission is present in the receiving State, a member of the
administrative and technical staff may, with the consent of
the receiving State, be designated by the sending State to be
in charge of the current administrative affairs of the
mission.

Article 20
The mission and its head shall have the right to use the flag
and emblem of the sending State on the premises of the mission,
including the residence of the head of the mission, and on his
means of transport.

Article 21
1.The receiving State shall either facilitate the acquisition on
its territory, in accordance with its laws, by the sending
State of premises necessary for its mission or assist the
latter in obtaining accommodation in some other way.
2.It shall also, where necessary, assist missions in obtaining
suitable accommodation for their members.

Article 22
1.The premises of the mission shall be inviolable. The agents of
the receiving State may not enter them, except with the
consent of the head of the mission.
2.The receiving State is under a special duty to take all
appropriate steps to protect the premises of the mission
against any intrusion or damage and to prevent any disturbance
of the peace of the mission or impairment of its dignity.
3.The premises of the mission, their furnishings and other
property thereon and the means of transport of the mission
shall be immune from search, requisition, attachment or
execution.

Article 23
1.The sending State and the head of the mission shall be exempt
from all national, regional or municipal dues and taxes in
respect of the premises of the mission, whether owned or
leased, other than such as represent payment for specific
services rendered.
2.The exemption from taxation referred to in this article shall
not apply to such dues and taxes payable under the law of the
receiving State by persons contracting with the sending State
or the head of the mission.

Article 24
The archives and documents of the mission shall be inviolable at
any time and wherever they may be.

Article 25
The receiving State shall accord full facilities for the
performance of the functions of the mission.

Article 26
Subject to its laws and regulations concerning zones entry into
which is prohibited or regulated for reasons of national
security, the receiving State shall ensure to all members of the
mission freedom of movement and travel in its territory.

Article 27
1.The receiving State shall permit and protect free
communication on the part of the mission for all official
purposes. In communicating with the Government and the other
missions and consulates of the sending State, wherever
situated, the mission may employ all appropriate means,
including diplomatic couriers and messages in code or cipher.
However, the mission may install and use a wireless
transmitter only with the consent of the receiving State.
2.The official correspondence of the mission shall be
inviolable. Official correspondence means all correspondence
relating to the mission and its functions.
3.The diplomatic bag shall not be opened or detained.
4.The packages constituting the diplomatic bag must bear visible
external marks of their character and may contain only
diplomatic documents or articles intended for official use.
5.The diplomatic courier, who shall be provided with an official
document indicating his status and the number of packages
constituting the diplomatic bag, shall be protected by the
receiving State in the performance of his functions. He shall
enjoy person inviolability and shall not be liable to any form
of arrest or detention.
6.The sending State or the mission may designate diplomatic
couriers ad hoc. In such cases the provisions of paragraph 5
of this article shall also apply, except that the immunities
therein mentioned shall cease to apply when such a courier has
delivered to the consignee the diplomatic bag in his charge.
7.A diplomatic bag may be entrusted to the captain of a
commercial aircraft scheduled to land at an authorized port of
entry. He shall be provided with an official document
indicating the number of packages constituting the bag but he
shall not be considered to be a diplomatic courier. The
mission may send one of its members to take possession of the
diplomatic bag directly and freely from the captain of the
aircraft.

Article 28
The fees and charges levied by the mission in the course of its
official duties shall be exempt from all dues and taxes.

Article 29
The person of a diplomatic agent shall be inviolable. He shall
not be liable to any form of arrest or detention. The receiving
State shall treat him with due respect and shall take all
appropriate steps to prevent any attack on his person, freedom
or dignity.

Article 30
1.The private residence of a diplomatic agent shall enjoy the
same inviolability and protection as the premises of the
mission.
2.His papers, correspondence and, except as provided in
paragraph 3 of article 31, his property, shall likewise enjoy
inviolability.

Article 31
1.A diplomatic agent shall enjoy immunity from the criminal
jurisdiction of the receiving State. He shall also enjoy
immunity from its civil and administrative jurisdiction,
except in the case of:
(a) A real action relating to private immovable property
situated in the territory of the receiving State, unless he
holds it on behalf of the sending State for the purposes of
the mission;
(b) An action relating to succession in which the diplomatic
agent is involved as executor, administrator, heir or
legatee as a private person and not on behalf of the sending
State;
(c) An action relating to any professional or commercial
activity exercised by the diplomatic agent in the receiving
State outside his official functions.
2.A diplomatic agent is not obliged to give evidence as a
witness.
3.No measures of execution may be taken in respect of a
diplomatic agent except in the cases coming under
subparagraphs (a), (b) and (c) of paragraph 1 of this article,
and provided that the measures concerned can be taken without
infringing the inviolability of his person or of his
residence.
4.The immunity of a diplomatic agent from the jurisdiction of
the receiving State does not exempt him from the jurisdiction
of the sending State.

Article 32
1.The immunity from jurisdiction of diplomatic agents and of
persons enjoying immunity under article 37 may be waived by
the sending State.
2.Waiver must always be express.
3.The initiation of proceedings by a diplomatic agent or by a
person enjoying immunity from jurisdiction under article 37
shall preclude him from invoking immunity from jurisdiction in
respect of any counterclaim directly connected with the
principal claim.
4.Waiver of immunity from jurisdiction in respect of civil or
administrative proceedings shall not be held to imply waiver
of immunity in respect of the execution of the judgement, for
which a separate waiver shall be necessary.

Article 33
1.Subject to the provisions of paragraph 3 of this article, a
diplomatic agent shall with respect to services rendered for
the sending State be exempt from social security provisions
which may be in force in the receiving State.
2.The exemption provided for in paragraph 1 of this article
shall also apply to private servants who are in the sole
employ of a diplomatic agent, on condition:
(a) That they are not nationals of or permanently resident in
the receiving State; and
(b) That they are covered by the social security provisions
which may be in force in the sending State or a third State.
3.A diplomatic agent who employs persons to whom the exemption
provided for in paragraph 2 of this article does not apply
shall observe the obligations which the social security
provisions of the receiving State impose upon employers.
4.The exemption provided for in paragraphs 1 and 2 of this
article shall not preclude voluntary participation in the
social security system of the receiving State provided that
such participation is permitted by that State.
5.The provisions of this article shall not affect bilateral or
multilateral agreements concerning social security concluded
previously and shall not prevent the conclusion of such
agreements in the future.

Article 34
A diplomatic agent shall be exempt from all dues and taxes,
personal or real, national, regional or municipal, except:
(a) Indirect taxes of a kind which are normally incorporated in
the price of goods or services;
(b) Dues and taxes on private immovable property situated in the
territory of the receiving State, unless he holds it on
behalf of the sending State for the purposes of the mission;
(c) Estate, succession or inheritance duties levied by the
receiving State, subject to the provisions of paragraph 4 of
article 39;
(d) Dues and taxes on private income having its source in the
receiving State and capital taxes on investments made in
commercial undertakings in the receiving State;
(e) Charges levied for specific services rendered;
(f) Registration, court or record fees, mortgage dues and stamp
duty, with respect to immovable property, subject to the
provisions of article 23.

Article 35
The receiving State shall exempt diplomatic agents from all
personal services, from all public service of any kind
whatsoever, and from military obligations such as those
connected with requisitioning, military contributions and
billeting.

Article 36
1.The receiving State shall, in accordance with such laws and
regulations as it may adopt, permit entry of and grant
exemption from all customs duties, taxes, and related charges
other than charges for storage, cartage and similar services,
on:
(a) Articles for the official use of the mission;
(b) Articles for the personal use of a diplomatic agent or
members of his family forming part of his household,
including articles intended for his establishment.
2.The personal baggage of a diplomatic agent shall be exempt
from inspection, unless there are serious grounds for
presuming that it contains articles not covered by the
exemptions mentioned in paragraph 1 of this article, or
articles the import or export of which is prohibited by the
law or controlled by the quarantine regulations of the
receiving State. Such inspection shall be conducted only in
the presence of the diplomatic agent or of his authorized
representative.

Article 37
1.The members of the family of a diplomatic agent forming part
of his household shall, if they are not nationals of the
receiving State, enjoy the privileges and immunities specified
in articles 29 to 36.
2.Members of the administrative and technical staff of the
mission, together with members of their families forming part
of their respective households, shall, if they are not
nationals of or permanently resident in the receiving State,
enjoy the privileges and immunities specified in articles 29
to 35, except that the immunity from civil and administrative
jurisdiction of the receiving State specified in paragraph 1
of article 31 shall not extend to acts performed outside the
course of their duties. They shall also enjoy the privileges
specified in article 36, paragraph 1, in respect of articles
imported at the time of first installation.
3.Members of the service staff of the mission who are not
nationals of or permanently resident in the receiving State
shall enjoy immunity in respect of acts performed in the
course of their duties, exemption from dues and taxes on the
emoluments they receive by reason of their employment and the
exemption contained in article 33.
4.Private servants of members of the mission shall, if they are
not nationals of or permanently resident in the receiving
State, be exempt from dues and taxes on the emoluments they
receive by reason of their employment. In other respects, they
may enjoy privileges and immunities only to the extent
admitted by the receiving State. However, the receiving State
must exercise its jurisdiction over those persons in such a
manner as not to interfere unduly with the performance of the
functions of the mission.

Article 38
1.Except insofar as additional privileges and immunities may be
granted by the receiving State, a diplomatic agent who is a
national of or permanently resident in that State shall enjoy
only immunity from jurisdiction, and inviolability, in respect
of official acts performed in the exercise of his functions.
2.Other members of the staff of the mission and private servants
who are nationals of or permanently resident in the receiving
State shall enjoy privileges and immunities only to the extent
admitted by the receiving State. However, the receiving State
must exercise its jurisdiction over those persons in such a
manner as not to interfere unduly with the performance of the
functions of the mission.

Article 39
1.Every person entitled to privileges and immunities shall enjoy
them from the moment he enters the territory of the receiving
State on proceeding to take up his post or, if already in its
territory, from the moment when his appointment is notified to
the Ministry for Foreign Affairs or such other ministry as may
be agreed.
2.When the functions of a person enjoying privileges and
immunities have come to an end, such privileges and immunities
shall normally cease at the moment when he leaves the country,
or on expiry of a reasonable period in which to do so, but
shall subsist until that time, even in case of armed conflict.
However, with respect to acts performed by such a person in
the exercise of his functions as a member of the mission,
immunity shall continue to subsist.
3.In case of the death of a member of the mission, the members
of his family shall continue to enjoy the privileges and
immunities to which they are entitled until the expiry of a
reasonable period in which to leave the country.
4.In the event of the death of a member of the mission not a
national of or permanently resident in the receiving State or
a member of his family forming part of his household, the
receiving State shall permit the withdrawal of the movable
property of the deceased, with the exception of any property
acquired in the country the export of which was prohibited at
the time of his death. Estate, succession and inheritance
duties shall not be levied on movable property the presence of
which in the receiving State was due solely to the presence
there of the deceased as a member of the mission or as a
member of the family of a member of the mission.

Article 40
1.If a diplomatic agent passes through or is in the territory of
a third State, which has granted him a passport visa if such
visa was necessary, while proceeding to take up or to return
to his post, or when returning to his own country, the third
State shall accord him inviolability and such other immunities
as may be required to ensure his transit or return. The same
shall apply in the case of any members of his family enjoying
privileges or immunities who are accompanying the diplomatic
agent, or travelling separately to join him or to return to
their country.
2.In circumstances similar to those specified in paragraph 1 of
this article, third States shall not hinder the passage of
members of the administrative and technical or service staff
of a mission, and of members of their families, through their
territories.
3.Third States shall accord to official correspondence and other
official communications in transit, including messages in code
or cipher, the same freedom and protection as is accorded by
the receiving State. They shall accord to diplomatic couriers,
who have been granted a passport visa if such visa was
necessary, and diplomatic bags in transit, the same
inviolability and protection as the receiving State is bound
to accord.
4.The obligations of third States under paragraphs 1, 2 and 3 of
this article shall also apply to the persons mentioned
respectively in those paragraphs, and to official
communications and diplomatic bags, whose presence in the
territory of the third State is due to force majeure.

Article 41
1.Without prejudice to their privileges and immunities, it is
the duty of all persons enjoying such privileges and
immunities to respect the laws and regulations of the
receiving State. They also have a duty not to interfere in the
internal affairs of that State.
2.All official business with the receiving State entrusted to
the mission by the sending State shall be conducted with or
through the Ministry for Foreign Affairs of the receiving
State or such other ministry as may be agreed.
3.The premises of the mission must not be used in any manner
incompatible with the functions of the mission as laid down in
the present Convention or by other rules of general
international law or by any special agreements in force
between the sending and the receiving State.

Article 42
A diplomatic agent shall not in the receiving State practise for
personal profit any professional or commercial activity.

Article 43
The function of a diplomatic agent comes to an end, inter alia:
(a) On notification by the sending State to the receiving State
that the function of the diplomatic agent has come to an
end;
(b) On notification by the receiving State to the sending State
that, in accordance with paragraph 2 of article 9, it
refuses to recognize the diplomatic agent as a member of the
mission.

Article 44
The receiving State must, even in case of armed conflict, grant
facilities in order to enable persons enjoying privileges and
immunities, other than nationals of the receiving State, and
members of the families of such persons irrespective of their
nationality, to leave at the earliest possible moment. It must,
in particular, in case of need, place at their disposal the
necessary means of transport for themselves and their property.

Article 45
If diplomatic relations are broken off between two States, or if
a mission is permanently or temporarily recalled:
(a) The receiving State must, even in case of armed conflict,
respect and protect the premises of the mission, together
with its property and archives;
(b) The sending State may entrust the custody of the premises of
the mission, together with its property and archives, to a
third State acceptable to the receiving State;
(c) The sending State may entrust the protection of its
interests and those of its nationals to a third State
acceptable to the receiving State.

Article 46
A sending State may with the prior consent of a receiving State,
and at the request of a third State not represented in the
receiving State, undertake the temporary protection of the
interests of the third State and of its nationals.

Article 47
1.In the application of the provisions of the present
Convention, the receiving State shall not discriminate as
between States.
2.However, discrimination shall not be regarded as taking place:
(a) Where the receiving State applies any of the provisions of
the present Convention restrictively because of a
restrictive application of that provision to its mission in
the sending State;
(b) Where by custom or agreement States extend to each other
more favourable treatment than is required by the provisions
of the present Convention.

Article 48
The present Convention shall be open for signature by all States
Members of the United Nations or of any of the specialized
agencies Parties to the Statute of the International Court of
Justice, and by any other State invited by the General Assembly
of the United Nations to become a Party to the Convention, as
follows: until 31 October 1961 at the Federal Ministry for
Foreign Affairs of Austria and subsequently, until 31 March
1962, at the United Nations Headquarters in New York.

Article 49
The present Convention is subject to ratification. The
instruments of ratification shall be deposited with the
Secretary-General of the United Nations.

Article 50
The present Convention shall remain open for accession by any
State belonging to any of the four categories mentioned in
article 48. The instruments of accession shall be deposited with
the SecretaryGeneral of the United Nations.

Article 51
1.The present Convention shall enter into force on the thirtieth
day following the date of deposit of the twenty-second
instrument of ratification or accession with the
Secretary-General of the United Nations.
2.For each State ratifying or acceding to the Convention after
the deposit of the twenty-second instrument of ratification or
accession, the Convention shall enter into force on the
thirtieth day after deposit by such State of its instrument of
ratification or accession.

Article 52
The Secretary-General of the United Nations shall inform all
States belonging to any of the four categories mentioned in
article 48:
(a) Of signatures to the present Convention and of the deposit
of instruments of ratification or accession, in accordance
with articles 48, 49 and 50;
(b) Of the date on which the present Convention will enter into
force, in accordance with article 51.

Article 53
The original of the present Convention, of which the Chinese,
English, French, Russian and Spanish texts are equally
authentic, shall be deposited with the Secretary-General of the
United Nations, who shall send certified copies thereof to all
States belonging to any of the four categories mentioned in
article 48.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly
authorized thereto by their respective Governments, have signed
the present Convention.

DONE at Vienna this eighteenth day of April one thousand nine
hundred and sixty-one.
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