Circular 71/2026/TT-BCA guiding suspension from exit and suspension from entry

CIRCULAR

Guiding suspension from exit and suspension from entry^[1]

Pursuant to Law No. 49/2019/QH14 on Exit and Entry of Vietnamese Citizens, which is amended and supplemented by Law No. 23/2023/QH15 and Law No. 118/2025/QH15;

Pursuant to Law No. 47/2014/QH13 on Foreigners’ Entry into, Exit from, Transit through, and Residence in, Vietnam, which is amended and supplemented by Law No. 51/2019/QH14, Law No. 23/2023/QH15, Law No. 103/2025/QH15, and Law No. 118/2025/QH15;

Pursuant to the Government’s Decree No. 02/2025/ND-CP defining the functions, tasks, powers and organisational structure of the Ministry of Public Security, which is amended and supplemented by Decree No. 11/2025/ND-CP;

At the proposal of the Director General of the Vietnam Immigration Department,

The Minister of Public Security promulgates the Circular guiding suspension from exit and suspension from entry.

Article 1. Scope of regulation

1. This Circular guides the implementation of decisions of competent agencies or persons on guiding suspension from exit and suspension from entry; the extension, cancellation or lifting of suspension from exit; and the lifting of suspension from entry.

2. This Circular does not regulate:

a/ The cases specified in Clause 1, Article 35; and Clause 1, Article 37, of Law No. 103/2025/QH15 on Mutual Legal Assistance in Criminal Matters, and Clause 12, Article 37 of Law No. 49/2019/QH14 on Exit and Entry of Vietnamese Citizens, which is amended and supplemented by Law No. 23/2023/QH15 and Law No. 118/2025/QH15 (below referred to as the Law on Exit and Entry of Vietnamese Citizens);

b/ Decisions of competent agencies and persons on suspension from exit or suspension from entry; the extension, cancellation or lifting of suspension from exit; and the lifting of suspension from entry for the purposes of national security, and social order and safety.

Article 2. Forms of information exchange

1. Decisions on, or requests for, suspension from exit or suspension from entry; the supplementation, extension, cancellation or lifting of suspension from exit; and the lifting of suspension from entry issued by competent agencies or persons shall be sent to the Vietnam Immigration Department in the form of electronic data exchange via the connection with the Immigration Management Information System.

The sending, receipt and processing of data related to decisions on, and requests for, suspension from exit or suspension from entry; the supplementation, extension, cancellation or lifting of suspension from exit; and the lifting of suspension from entry that are issued by competent agencies or persons via the connection with the Immigration Management Information System must adhere to the following principles:

a/ To be consistent and comply with the laws on e-transactions, personal data protection, and cybersecurity, and other relevant specialised laws;

b/ Electronic data exchanged via the connection with the Immigration Management Information System has the same legal validity as paper documents when meeting the requirements on authentication and data integrity specified by the law on e-transactions;

c/ To record in electronic logbooks the time of sending, receipt and processing of data to serve the collation, examination and settlement of complaints, and determination of responsibilities of relevant agencies and organisations.

2. In case it is impossible to conduct the electronic data exchange via the connection with the Immigration Management Information System as specified in Clause 1 of this Article, one of the following forms shall be applied: hand delivery or sending via official correspondence or by express delivery; documents sent by these modes must be the originals with sufficient information provided in the forms promulgated together with this Circular or other relevant legal documents, and in accordance with regulations on information and document confidentiality.

Article 3. Forms

1. To promulgate together with this Circular the following forms:

a/ Decision on suspension from exit (Form No. M01), decision on extension of suspension from exit (Form No. M01b), and decision on cancellation of suspension from exit (Form No. M01c), which shall be used for competent agencies and persons specified in Clause 2, Article 37 of the Law on Exit and Entry of Vietnamese Citizens for application to persons entitled to postponement or suspension of the serving of their imprisonment sentences, and the cases specified in Clauses 3 thru 8, Article 37 of the Law on Exit and Entry of Vietnamese Citizens; and Clauses 1, 2 and 3, Article 29 of Law No. 47/2014/QH13 on Foreigners’ Entry into, Exit from, Transit through, and Residence in, Vietnam, which is amended and supplemented by Law No. 51/2019/QH14, Law No. 23/2023/QH15, Law No. 103/2025/QH15, and Law No. 118/2025/QH15 (below referred to as the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in, Vietnam);

b/ For the cases of suspension from exit registered and managed by investigation bodies in accordance with the Criminal Procedure Code, decisions on suspension from exit and decisions on cancellation of deterrent measures shall be made according to the forms used in criminal proceedings;

c/ For the cases of suspension from exit decided by the Chief Justice of the Court, the Trial Panel, the Presiding Judge of the Trial, and the Conditional Early Release Review Board, the relevant forms set by the laws on criminal procedure, civil procedure, and enforcement of criminal judgments shall apply;

d/ Notice of the list of persons subject to suspension from exit (Form No. M01d), which shall be used for criminal judgment enforcement agencies of provincial-level Departments of Public Security for application to persons subject to suspension from exit who are persons entitled to conditional early release during the probation period, persons entitled to suspended sentence during the probation period, and persons serving the non-custodial reform penalty during their sentence-serving period as specified in Clause 2, Article 36 of the Law on Exit and Entry of Vietnamese Citizens;

dd/ Decision on suspension from entry (Form No. M02), and decision on lifting of suspension from entry (Form No. M02b), which shall be used for competent agencies and persons specified in Article 22 of the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in, Vietnam;

e/ Request for issuance of decision on suspension from exit by the Minister of Public Security (Form No. M03), which shall be used for the Chief Justice of the Supreme People’s Court, ministers, heads of ministerial-level agencies, and Chairpersons of provincial-level People’s Committees as specified in Point b, Clause 3, Article 29 of the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in, Vietnam;

g/ The Minister of Public Security’s decision on suspension from exit, or on the extension, cancellation or lifting of the suspension from exit (Form No. M04) at the request of a competent agency or person specified in Clause 3, Article 29 of the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in, Vietnam;

h/ Document on information exchange with agencies and persons competent to issue decisions on suspension from exit/suspension from entry (Form No. M05), which shall be used for the Vietnam Immigration Department.

2. In case a decision on suspension from exit or suspension from entry is issued under another legal document, competent agencies and persons may use the form promulgated together with such document.

Article 4. Dossiers for requesting the Minister of Public Security to issue decisions on suspension from exit

A dossier of request for the Minister of Public Security’s decision on suspension from exit specified in Point b, Clause 3, Article 29 of Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in, Vietnam must comprise the document specified in Point e, Clause 1, Article 3 of this Circular, decisions on sanctioning of administrative violations, and other relevant documents.

Article 5. Information checking and processing

1. For decisions on suspension from exit or suspension from entry:

a/ Upon receiving a decision on suspension from exit or suspension from entry, the Vietnam Immigration Department shall check information on exit or entry. In case the concerned person has leaved or entered the country, the Vietnam Immigration Department shall send a notice made according to Form No. M05 to the competent agency or person that has issued such decision;

b/ In case the concerned person has not yet leaved or entered the country, right in the day of receipt of such decision, the Vietnam Immigration Department shall update the information to its management programme and notify thereof to the immigration control office and related agencies.

2. For decisions on extension, cancellation or lifting of suspension from exit; or lifting of suspension from entry:

Right in the day of receiving such a decision, the Vietnam Immigration Department shall update the information to its management programme and notify thereof to the immigration control office and related agencies.

3. For official letters requesting the Minister of Public Security’s decisions on suspension from exit:

a/ Within 2 working days, the Director General of the Vietnam Immigration Department shall report such a request to the Minister of Public Security for consideration and decision;

b/ Within 24 hours after receiving the Minister of Public Security’s decision on exit postponement, the Vietnam Immigration Department shall update the information to its management programme and notify thereof to the immigration control office and related agencies.

4. In case the immigration control office detects a person obliged to serve a decision on suspension from exit or suspension from entry, it shall immediately report thereon to the Vietnam Immigration Department for unified management; and to the competent agency or person that has issued such decision for coordinated handling (if so requested).

Article 6. Responsibilities of the Vietnam Immigration Department

1. To organise round-the-clock duty performance for receipt of decisions on, and requests for, suspension from exit or suspension from entry; extension, cancellation or lifting of suspension from exit; or lifting of suspension from entry issued by competent agencies or persons.

2. To examine contents and forms of decisions on, and requests for, suspension from exit or suspension from entry; and the extension, cancellation or lifting thereof; in case such decisions or requests are issued ultra vires or lack information, to request the addition of relevant information within the date of receiving them.

3. To assume the prime responsibility for disseminating and guiding related agencies and organisations in implementing, this Circular.

4. To assume the prime responsibility for, and coordinate with related units in, guiding the process of receiving and handling decisions on, and requests for, suspension from exit or suspension from entry; extension, cancellation or lifting of suspension from exit; or lifting of suspension from entry in the form of electronic data exchange via the connection with the Immigration Management Information System.

5. To develop, manage and stably operate the information system serving the receipt of decisions on, and requests for, suspension from exit or suspension from entry; extension, cancellation or lifting of suspension from exit; or lifting of suspension from entry in the form of electronic data exchange via the connection with the Immigration Management Information System.

Article 7. Responsibilities of related agencies and units

1. The Office of the Investigation Police Agency under the Ministry of Public Security shall act as the focal point for receiving, and coordinating with other agencies in verifying, arrest warrants and cancellations; updating them within 24 hours after receiving them to the database on wanted persons, and connecting and sharing information thereon with the National Database on Immigration to serve the relevant work.

2. Agencies and persons competent to decide on or request suspension from exit or suspension from entry; supplementation, extension, cancellation or lifting of suspension from exit; or lifting of suspension from entry shall:

a/ Completely and accurately fill required information in the decision and notification forms for suspension from exit or suspension from entry; extension, cancellation or lifting of suspension from exit; or lifting of suspension from entry promulgated together with this Circular or other relevant legal documents; and ensure the integrity, accuracy, completeness and authenticity of electronically exchanged data;

b/ Regularly review, update and promptly exchange with the Vietnam Immigration Department relevant information in dossiers of registration for suspension from exit or suspension from entry when there is a change in such information;

c/ Exploit the National Population Database (if conditions permit) to authenticate and add information on persons subject to suspension from exit or suspension from entry before submitting it to the Vietnam Immigration Department.

Article 8. Effect

1. This Circular takes effect on July 10, 2026, and replaces the Minister of Public Security’s Circular No. 79/2020/TT-BCA of July 14, 2020, guiding suspension from exit and suspension from entry.

2. Decisions on suspension from exit or suspension from entry that are issued before the effective date of this Circular shall remain effective until their expiry dates.

3. Any difficulties and problems arising in the course of implementation of this Circular should be reported to the Ministry of Public Security (via the Vietnam Immigration Department) for further guidance.-

Minister of Public Security
General LUONG TAM QUANG

* The forms promulgated together with this Circular are not translated.