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Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →Under Article 2 of the Vienna Convention on Diplomatic Relations (VCDR), States establish diplomatic relations—and permanent diplomatic missions—by mutual consent. The two are distinct: agreeing to relations does not, by itself, require either State to open a permanent embassy. The form of representation and the steps for putting it in place depend on the States’ agreements and applicable law.
The treaty framework: mutual consent
The VCDR was adopted in 1961 and entered into force on 24 April 1964, as recorded by the UN Treaty Collection. The UN conference record describes the Convention as an international framework for diplomatic intercourse, privileges, and immunities (1961 UN Conference on Diplomatic Intercourse and Immunities).
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Article 2 states: “The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent.” It does not prescribe a universal document, ceremony, or exchange of ambassadors as the only way to express that consent. For a country-specific answer, check the States’ arrangements and relevant law rather than assuming a single worldwide procedure.
Diplomatic relations and a permanent mission are separate choices
States may agree to diplomatic relations without establishing a resident embassy. If they do establish a mission, they can agree on how it will be staffed and organized within the Convention’s rules. For example, a head of mission may be accredited to more than one receiving State after due notification, unless a receiving State expressly objects. Two or more sending States may also accredit the same person to a receiving State unless it objects. The Convention also provides for a chargé d’affaires ad interim when the head of mission’s permanent seat is elsewhere.
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- Relations: the States’ agreement to conduct diplomatic relations.
- Permanent mission: a separate representation arrangement, such as a resident embassy.
- Multiple accreditation or interim charge: alternatives contemplated by the Convention, subject to its notification and objection rules.
How a permanent mission and its head are put in place
Agree on the arrangement
The States determine whether to establish a permanent mission and its practical form. The VCDR allows a receiving State, absent a specific agreement, to require the mission’s size to remain within limits it considers reasonable and normal in light of circumstances and the mission’s needs. Mission offices in other localities require the receiving State’s prior express consent. Article 21 addresses assistance with obtaining premises.
Obtain agrément for the proposed head
Before accrediting a head of mission, the sending State must make certain that the receiving State has given agrément—the receiving State’s approval of the proposed person. Agrément is not the same as mutual consent to establish diplomatic relations. The receiving State may refuse it without giving a reason: Article 4(2) says, “The receiving State is not obliged to give reasons to the sending State for a refusal of agrément.”
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Notify appointments and changes
Article 10 requires notification to the receiving State’s foreign ministry, or another ministry the States have agreed on, of appointments, arrivals, departures, and the termination of functions of mission members. It also covers specified events involving family members and staff.
Follow the credentials and reception procedure
Under Article 13, the head of mission takes up functions when credentials are presented, or when the head has notified arrival and a true copy of credentials has been presented to the receiving ministry. Which route applies follows the practice prevailing in the receiving State and applied uniformly. The States agree the class of their heads of mission under Article 15, and Article 18 requires the receiving State to apply a uniform reception procedure to each class.
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What to verify for a particular country pair
The Convention provides a general framework, not every State’s current forms, timelines, recognition policy, or protocol. Before relying on it for a current bilateral case, check:
- Whether both States are parties to the VCDR and whether relevant treaty actions affect the answer. The UN Treaty Collection is the official source for participation and treaty actions.
- The receiving State foreign ministry’s current protocol guidance, especially for agrément, credentials, and notifications.
- Any bilateral agreement and applicable customary international law. The Convention’s preamble affirms that customary international law continues to govern questions it does not expressly regulate.
The Convention’s preamble explains that diplomatic privileges and immunities exist “not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing States.”
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