VIENNA 1963 CONSULAR CONVENTION EXPLAINED BY EXPERT RUXANDRA CARAGEA
04.10.2023
The Institute of International Relations and Economic Cooperation of Romania has hosted a debate on the role and importance of honorary consulates in the diplomacy of the XXI century.
This debate was made more important as diplomatic and consular rights have evolved with the development of diplomatic and consular relations, since their early appearance until today. One such development is affected by the international situation, integrating multiple processes and the state as the international community's fundamental actor.

Image from the debates on Vienna 1963 Consular Convention
Despite the postmodern characteristics that present consular relations today, their fundamentals remain "Vienna Convention on Consular Relations" of 1963. Here it is pertinent to highlight the need for renewal of this convention, in order to have the proportion between the consular relations with their legal basis.
The category of honorary consuls should be given a more important role in relations between states, this was the conclusion of our discussion with Ruxandra Caragea, HR Expert on the use and role of Honorary Consuls institution, a discussion that we present subsequently.
Consular Activity from a Human Resources Perspective by HR International Expert Ruxandra Caragea
The consular activity as an important component of the states activity develops according to the stipulations of the Vienna Convention regarding consular relations in 1963, of the European Convention regarding the consular functions adopted in 1967 by the European Council, the Vienna Convention regarding diplomatic relations from 1961, of the bilateral conventions contracted in the consular field and of the inside legislation of the states by means of certain specialized institutions, namely the career or honorific consular offices and the consular sections in frame of the diplomatic missions.
In Romania besides various consular conventions, we will consult also the:
Gouvernance Emergency Ordinance 194/2002 regarding the foreigners' status in Romania;
Fiscal Code Law 227/2015, article 62, letter q;
Labour Code Law 53/2003 republished;
Law 319/2006 and
Government Decision number1425/2006;
Government Decision number 905/2017;
Law 202/2002.
In theory, there are differences regarding the exertion of the consular functions and the granting of the consular immunities and privileges between the career consulates and the honorific ones, the state practice relieved that both of them have important contributions to the development of the economic, and commercial, political and cultural relations between the states.
The reason for settling the career or honorific consular offices has been determined by the necessity to organize and develop economical and especially commercial relations between the states and to provide protection to the natural persons and the juridical entities of a state that were placed and perform activity on the territory of another state.
On the following lines, we will try to make an analysis of the HR and salary fiscal system and taxes applicable to the consular offices in Romania.
The highest rank in a consulate is a consul-general and is appointed to a consulate-general. One or more deputy consuls-general, consuls, vice-consuls, and consular agents can work under the consul-general.
The position of the consul general, deputy consuls general, consuls, vice consuls and consular agent must be notified to the Ministry of Foreign Affairs from Romania on a maximum of 10 (ten) working days from the start date of the labor contract providing information as: start date and date of the contract and type of activity.
After we analyzed the Guide issued on the official page of the Ministry of Foreign Affairs, the stipulations of the Vienna Convention regarding consular relations from 1963, of the European Convention regarding the consular functions adopted in 1967 by the European Council and the Fiscal Code Law 227/2015 art 62 letter q we have the following information:
based on Fiscal Law art 62 letter q " the following incomes are not subject of tax on income: income received by the members of diplomatic missions and consular positions for activities in Romania provided in official quality, in conditions of reciprocity, based on international general rules or other provisions and special agreements where Romania is part."
Read more here:
If we go further to the stipulations of the Vienna Convention regarding the consular relations from 1963, of the European Convention regarding the consular functions adopted in 1967 by the European Council we will find that article 49 of the Vienna Convention on Consular Relations (1963),
"Consular officers and consular employees and members of their families forming part of their households shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except indirect taxes of a kind which are normally incorporated in the price of goods or services, dues or taxes on private immovable property situated in the territory of the receiving state, estate, succession or inheritance duties, and duties on transfers, levied by the receiving state, dues and taxes on private income, including capital gains, having its source in the receiving state and capital taxes relating to investments made in commercial or financial undertakings in the receiving state, charges levied for specific services rendered, registration, court or record fees, mortgage dues and stamp duties.
