Decree No. 73/2020/ND-CP immigration control of persons entering or exiting Vietnam territory

DECREE

Prescribing immigration control for persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform national defense and security tasks^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

At the proposal of the Minister of Public Security;

The Government promulgates the Decree prescribing immigration control for persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform national defense and security tasks.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes exit and entry of persons who leave or enter Vietnam’s territory on Vietnamese national defense and security vehicles to participate in drills and exercises; perform rescue and salvage; pursue criminals, and perform other national defense and security tasks.

Article 2. Subjects of application

This Decree applies to:

1. Officers, professional army men, non-commissioned officers, soldiers, and defense civil servants, workers and public employees; persons working in agencies or organizations under the Government Cipher Committee; persons working under labor contracts in agencies or units under the Ministry of National Defense; reserve army men summoned for full-time training courses, exercises and mobilization readiness and combat readiness tests; militia and self-defense forces coordinating with the Army in combating and rendering combat services and during full-time training courses; citizens recruited to serve in the Army; and officers, non-commissioned officers, soldiers and workers of the People’s Public Security forces (below collectively referred to as officers and soldiers);

2. Related agencies, organizations and individuals.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. National defense and security vehicle means a special-use vehicle of the Ministry of National Defense or Ministry of Public Security or a vehicle not for special use but acquisitioned by a competent authority in accordance with the law on acquisition of property for the transport of officers and soldiers out of or into Vietnam’s territory to perform national defense and security tasks.

2. Managing agency means an agency or a unit of the Ministry of National Defense or Ministry of Public Security permitted by a competent authority to appoint officers and soldiers to leave or enter Vietnam’s territory on national defense and security vehicles to perform national defense and security tasks.

3. Case of emergency means a circumstance in which a person on a national defense and security vehicle is required to leave or enter Vietnam’s territory as soon as possible, while the completion of normal procedures for immigration control will pose big obstacles to the fulfillment of tasks of such person.

Article 4.Principles of immigration control for persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform national defense and security tasks

1. The immigration control must comply with the law on exit and entry and ensure secrecy, promptness, timeliness and accuracy.

2. Vehicles used for the transport of officers and soldiers out of or into Vietnam’s territory to perform national defense and security tasks must comply with Vietnam’s law on exit and entry by air, sea, road or railway and relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

3. In cases of emergency where it is impossible to immediately carry out procedures for immigration control, managing agencies shall coordinate immigration control units in completing immigration procedures within 48 hours after persons on national defense and security vehicles leave or enter Vietnam’s territory to perform national defense and security tasks.

Chapter II

SPECIFIC PROVISIONS

Article 5.Immigration control for persons who leave or enter Vietnam’s territory on national defense and security vehicles to participate in drills and exercises

1. At least 48 hours prior to exit, the managing agency shall notify in writing the approved plan, time and location, vehicle number, list and type of immigration papers of persons leaving or entering Vietnam’s territory on national defense and security vehicles to perform national defense and security tasks to the superior agency (the Border Guard Command or Immigration Department) of the immigration control unit in order to direct such unit in implementation.

2. Immigration control units shall:

a/ Receive, and check the validity of, the documents and papers specified in Clause 1 of this Article;

b/ Input information, check and compare information on persons on the list with information in the national database on exit and entry of Vietnamese citizens; if detecting that a person is not eligible for exit, immediately notify such to the managing agency for appointing a replacement;

c/ Coordinate with managing agencies in supervising and verifying persons on exit or entry;

d/ Verify immigration papers of persons on vehicles participating in drills or exercises;

dd/ For persons on exit or entry via autogates at border gates, immigration control must comply with the law on immigration control with autogates;

e/ In case a person on a vehicle is not named in the list, make a written record with the vehicle commander, and immediately notify such to the managing agency for coordination in handling.

Article 6.Immigration control for persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform rescue and salvage or pursue criminals

1. Immigration control for persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform rescue and salvage or pursue criminals according to plans must comply with Clauses 1 and 2, Article 5 of this Decree.

2. In cases of emergency where it is impossible to carry out immigration procedures for persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform rescue and salvage or pursue criminals:

a/ The managing agency shall notify in writing the contents specified in Clause 1, Article 5 of this Decree to the immigration control unit within 48 hours after a person on a national defense and security vehicle leaves or enters Vietnam’s territory to perform defense and security tasks.

b/ The immigration control unit shall complete the procedures for immigration control and immediately exchange with the managing agency the arising issues related to immigration control.

Article 7.Immigration control for persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform other national defense and security tasks

1. For persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform other national defense and security tasks according to plans, immigration control must comply with Clauses 1 and 2, Article 5 of this Decree.

2. In cases of emergency, immigration control must comply with Clause 2, Article 6 of this Decree.

Article 8.Competence to decide on immigration control for persons who leave or enter Vietnam’s territory on national defense and security vehicles to perform tasks in cases of emergency

1. The Minister of National Defense may allow persons on national defense and security vehicles of the Ministry of National Defense to follow immigration control in cases of emergency.

2. The Minister of Public Security may allow persons on national defense and security vehicles of the Ministry of Public Security to follow immigration control in cases of emergency.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9.Effect

This Decree takes effect on July 1, 2020.

Article 10.Implementation responsibility

1. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC