of July 30, 1998 No. 275
About approval of the Consular Charter of the Republic of Tajikistan
The government of the Republic of Tajikistan decides:
Approve the Consular Charter of the Republic of Tajikistan.
Prime Minister of the Republic of Tajikistan
E.Rakhmonov
Consular establishments of the Republic of Tajikistan abroad protect interests of the Republic of Tajikistan and its citizens within the Vienna Convention on the consular intercourses and in every possible way promote development of friendship of the Republic of Tajikistan with other states.
Consular establishments are: consular departments of diplomatic representations of the Republic of Tajikistan, consulate generals, consulates, vice-consulates and the consular agencies of the Republic of Tajikistan in foreign states.
Consular establishments in the activities are guided by the legislation of the Republic of Tajikistan, the Vienna convention on the consular intercourses and other contractual legal acts which participant is the Republic of Tajikistan and this Charter.
Consular establishments submit to the Ministry of Foreign Affairs of the Republic of Tajikistan and are effective under the common directorship of the head of diplomatic and consular representation of the Republic of Tajikistan in the state of stay.
Consular departments of diplomatic representations of the Republic of Tajikistan are headed by managers of consular departments which hereinafter are referred to as as consuls general or consuls.
Consulate generals, consulates, vice-consulates and the consular agencies are headed respectively by consuls general, consuls, vice consuls and consular agents.
The consul performs the functions provided by this Charter.
The consul can carry out others, the functions which are not provided by this Charter if they do not contradict the legislation of the Republic of Tajikistan and the legislation of the state of stay.
The states where there are no diplomatic representations of the Republic of Tajikistan with the consent of the state of stay on the consul can be assigned as well diplomatic functions.
The location of consular establishment, its class and the consular district are determined in coordination with the state of stay.
The consular establishment has seal with the image of the State Emblem of the Republic of Tajikistan and with the name of consular establishment in state language of the state of stay.
The consular establishment has the right to establish on the building occupied by him board with the State Emblem of the Republic of Tajikistan and the name of consular establishment in state language of the Republic of Tajikistan and state language of adoptive state.
The consular establishment has the right to hoist national flag of the Republic of Tajikistan on the building of consular establishment.
The consul has the right to hoist national flag of the Republic of Tajikistan on the residence, and also on the vehicles.
In this Charter, the provided terms have the following values:
"Consul" is called the consul general, the consul, the vice consul or the consular agent who is the head of consular establishment.
"The consular official" is called any person, including the head of consular establishment to whom accomplishment of consular functions is entrusted (the consul general, the consul, the consular agent).
"The employee of consular establishment" is called any person occupied in consular establishment with accomplishment of obligations on servicing of consular establishment.
Consular officials and staff of consular establishments are in public service in the Ministry of Foreign Affairs of the Republic of Tajikistan.
The citizen of the Republic of Tajikistan can only be the consular official.
The consul in case of position assignment receives from the Ministry of Foreign Affairs of the Republic of Tajikistan written power - the consular patent.
The consul starts execution of the obligations after receipt of consent (exequatur) of the state of stay.
If the Consul, owing to any reason, cannot perform the functions or the position of the consul is temporarily vacant, fulfillment of duties of the consul is assigned to other consular official of this or other consular establishment of the Republic of Tajikistan in the state of stay or on - one of members of diplomatic staff of diplomatic representation of the Republic of Tajikistan in this state.
The consul performs the functions assigned to him personally or their accomplishment charges to other consular official.
Accomplishment by the consul of the Republic of Tajikistan of consular functions of other state can take place only on special specifying of the Ministry of Foreign Affairs of the Republic of Tajikistan and with the consent of the state of stay.
The consul can address the authorities of the state of stay in limits of the consular district on all questions connected with activities of consular establishment.
The consul shall annually, at least once, to make detour of the consular district.
Claims to actions of consular officials and the staff of consular establishments are considered according to the procedure of subordination.
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