Circular No. 79/2020/TT-BCA guiding suspension from exit or suspension from entry

CIRCULAR

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

Pursuant to the November 22, 2019 Law on Exit and Entry of Vietnamese Citizens;

Pursuant to the June 16, 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam, and the November 25, 2019 Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam;

Pursuant to the Government’s Decree No. 01/2018/ND-CP of August 6, 2018, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the 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 issued by competent agencies or persons on suspension from exit or suspension from entry; the extension, cancellation or lifting of decisions on suspension from exit; and the lifting of decisions on entry suspension.

2. This Circular does not regulate the cases specified in Article 25 of the Law on Mutual Legal Assistance, and Clause 12, Article 37 of the Law on Exit and Entry of Vietnamese Citizens.

Article 2. Forms of information exchange

1. Decisions on, and requests for, suspension from exit or suspension from entry; the extension, cancellation or lifting of decisions on suspension from exit; and the lifting of decisions on entry suspension that are issued by competent agencies or persons and submitted directly, or sent through official correspondence channel or via express mail service to the Vietnam Immigration Department must comply with regulations on information and document confidentiality.

2. Decisions on, and requests for, suspension from exit or suspension from entry, and decisions on extension, cancellation or lifting must be the originals with sufficient information provided in the forms promulgated together with this Circular.

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 a decision on suspension from exit (Form No. M01c), which shall be used for competent agencies and persons specified in Clause 2, Article 37 of the 2019 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 2019 Law on Exit and Entry of Vietnamese Citizens, and Clauses 1, 2 and 3, Article 29 of the 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam (revised in 2019);

b/ Notice of suspension from exit (Form No. M01d), which shall be used for investigation bodies and agencies assigned to carry out a number of investigation activities in the People’s Public Security Forces (enclosed with a decision on suspension from exit made according to the form used in criminal proceedings) as specified in Clause 1, Article 37 of the 2019 Law on Exit and Entry of Vietnamese Citizens, and Clause 1, Article 29 of the 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam (revised in 2019);

c/ Notice of the list of persons subject to suspension from exit (Form No. M01dd), which shall be used for criminal judgment execution 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 non-custodial reform penalty during their sentence-serving period as specified in Clause 2, Article 36 of the 2019 Law on Exit and Entry of Vietnamese Citizens;

d/ 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 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam (revised in 2019);

dd/ Request for the Minister of Public Security to issue a decision on suspension from exit (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 at Point b, Clause 3, Article 29 of the 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam (revised in 2019);

e/ The Minister of Public Security’s decision on suspension from exit, or on extension, cancellation or lifting (Form No. M04) at the request of a competent agency or person specified in Clause 3, Article 29 of the 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam (revised in 2019);

g/ 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 Immigration Department.

2. In case a decision on suspension from exit or suspension from entry is issued under other legal documents, competent agencies and persons may use either the forms promulgated together with such documents or those promulgated together with this Circular.

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

A dossier for requesting the Minister of Public Security to issue a decision on suspension from exit specified at Point b, Clause 3, Article 29 of 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam (revised in 2019) must comprise the document specified at Point dd, Clause 1, Article 3 of this Circular, decisions on sanctioning of administrative violations according to competence, 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 Immigration Department shall check information on exit or entry; in case the concerned person has leaved or entered the country, the 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, within 24 hours after receiving such decision, the Immigration Department shall update information to its management program and notify such 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:

Within 24 hours after receiving such a decision, the Immigration Department shall update information to its management program and notify such to the immigration control office and related agencies.

3. For requests for the Minister of Public Security to issue decisions on suspension from exit:

a/ Within 2 working days, the Director General of the 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 suspension from exit, the Immigration Department shall update information to its management program and notify such 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 such to the Immigration Department for uniform management; and to the competent agency or person that has issued such decision for coordinated handling (if so requested).

Article 6. Responsibilities of the Immigration Department

1. To organize round-the-clock duty performance for receipt of decisions on, and requests for, suspension from exit or suspension from entry; and for extension, cancellation or lifting of decisions on suspension from exit; or lifting of decisions on 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 decisions on extension, cancellation or lifting; in case such decisions are issued ultra vires or lack information, to request the supplementation of relevant information.

3. To disseminate, and guide related agencies and organizations in implementing, this Circular.

Article 7. Responsibilities of the Office of the Ministry of Public Security

To assume the prime responsibility for, and coordinate with the Immigration Department in, formulating procedures for the Minister of Public Security to guide the implementation of decisions on suspension from exit or suspension from entry; the extension, cancellation or lifting of decisions on suspension from exit; and the lifting of decisions on suspension from entry issued by competent agencies or persons for the reasons of national security and social order and safety.

Article 8. Effect

1. This Circular takes effect on September 1, 2020.

2. The forms provided in Article 3 of this Circular take effect on July 14, 2020.

3. This Circular replaces the Minister of Public Security’s Circular No. 21/2011/TT-BCA of April 25, 2011, prescribing the order and procedures for implementation of decisions on suspension from entry or suspension from exit.

Article 9. Transitional provisions

Decisions on suspension from entry or suspension from exit which are issued before July 14, 2020, remain effective until their expiry dates.

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

Minister of Public Security
General TO LAM

* The forms promulgated together with this Circular are not translated