Circular 59/2024/TT-BCA amend Circular 74/2020/TT-BCA regulating the immigration control for Vietnamese citizens at border gates

CIRCULAR

Amending and supplementing a number of articles of Circular No. 74/2020/TT-BCA dated July 01, 2020, of the Minister of Public Security, regulating the immigration control for Vietnamese citizens at border gates

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Pursuant to the Law on National Border dated June 17, 2003;

Pursuant to the Law on Exit and Entry of Vietnamese Citizens dated November 22, 2019; the Law Amending and Supplementing a Number of Articles of the Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam dated June 24, 2023;

Pursuant to the Government’s Decree No. 140/2004/ND-CP dated June 25, 2004, detailing a number of articles of the Law on National Border;

Pursuant to the Government’s Decree No. 112/2014/ND-CP dated November 21, 2014, providing the management of land border gates; Decree No. 34/2023/ND-CP dated June 16, 2023, amending and supplementing a number of articles of the Government’s Decree No. 112/2014/ND-CP dated November 21, 2014, providing the management of land border gates;

Pursuant to the Government’s Decree No. 77/2017/ND-CP dated July 03, 2017, on management and protection of security and order at port border gates;

Pursuant to the Government’s Decree No. 77/2020/ND-CP dated July 01, 2020, prescribing the management of, and exploitation of information in, the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates; the Government’s Decree No. 67/2024/ND-CP dated June 25, 2024, amending and supplementing a number of articles of the Government’s Decree No. 76/2020/ND-CP dated July 01, 2020, prescribing in detail subjects eligible for grant, and the order, procedures and competence for issuance, revocation and invalidation of international travel documents and the Government’s Decree No. 77/2020/ND-CP dated July 01, 2020 prescribing the management of, and exploitation of information in, the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates;

Pursuant to the Government’s Decree No. 93/2022/ND-CP dated November 07, 2022, on management of, and assurance of security and order at, air border gates;

Pursuant to the Government’s Decree No. 01/2018/ND-CP dated August 06, 2018, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

Upon consensus with the Minister of National Defense, the Minister of Public Security promulgates the Circular amending and supplementing a number of articles of Circular No. 74/2020/TT-BCA dated July 01, 2020, of the Minister of Public Security, regulating the immigration control for Vietnamese citizens at border gates. 

Article 1. Amending and supplementing a number of articles of Circular No. 74/2020/TT-BCA dated July 01, 2020, of the Minister of Public Security, regulating the immigration control for Vietnamese citizens at border gates

1. To add Clause 1a to Article 5 as follows:

"1a. Immigration verification:

a) Immigration verification means the confirmation that a Vietnamese citizen has completed immigration procedures legally, including affixing a verification stamp or not affixing a verification stamp to immigration papers;

b) Information on the immigration process in the National Database on Immigration shall be valid in lieu of the verification stamp affixed to the citizen's immigration papers."

2. To amend and supplement Point dd, Clause 1, Article 5 as follows:

"dd) To affix a verification stamp to the immigration papers of citizens exiting and entering through port border gates and land border gates not yet connected to the National Database on Immigration.

Do not affix a verification stamp to the immigration papers of Vietnamese citizens exiting and entering through air border gates and land border gates that have been connected to the National Database on Immigration."

3. To amend and supplement Point e, Clause 1, Article 5 as follows:

"e) To implement temporary exit suspension for Vietnamese citizens in accordance with the 2019 Law on Exit and Entry of Vietnamese Citizens, as amended and supplemented in 2023;".

4. To add Point g to Clause 1, Article 5 as follows:

"g) To collect portrait photos and fingerprints of citizens at border gates as prescribed by law.".

5. To amend and supplement Clause 2, Article 5 as follows:

"2. Immigration control at land border gates shall comply with other regulations in Articles 5, 6; Clause 1, Article 8, and Article 22 of the Government’s Decree No. 112/2014/ND-CP dated November 21, 2014, providing the management of land border gates; Clauses 3, 4, and 13, Article 1 of the Government’s Decree No. 34/2023/ND-CP dated June 16, 2023 amending and supplementing a number of articles of the Government’s Decree No. 112/2014/ND-CP dated November 21, 2014, providing the management of land border gates.".

6. To add Clause 4 after Clause 3, Article 5 as follows:

"4. Immigration control at air border gates shall comply with other regulations in the Government’s Decree No. 93/2022/ND-CP dated November 07, 2022, on management of, and assurance of security and order at, air border gates.".

7. To amend, supplement and re-number Clause 4, Article 5 as Clause 5, Article 5 as follows:

"5. Cases of individuals traveling on national defense and security vehicles entering and exiting Vietnamese territory to perform national defense and security tasks shall comply with the Government’s Decree No. 73/2020/ND-CP dated June 30, 2020, 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.".

8. To add Clause 6 to Article 5 as follows:

"6. Immigration control for citizens exiting and entering through automatic control gates shall comply with the provisions of the Government’s Decree No. 77/2020/ND-CP dated July 01, 2020, prescribing the management of, and exploitation of information in, the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates, the Government’s Decree No. 67/2024/ND-CP dated June 25, 2024, amending and supplementing a number of articles of the Government’s Decree No. 76/2020/ND-CP dated July 01, 2020, prescribing in detail subjects eligible for grant, and the order, procedures and competence for issuance, revocation and invalidation of international travel documents and the Government’s Decree No. 77/2020/ND-CP dated July 01, 2020 prescribing the management of, and exploitation of information in, the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates; and the process of immigration control using automatic control gates issued by the Ministry of Public Security in coordination with the Ministry of National Defence.".

9. To amend and supplement Clauses 1 and 2, Article 6 as follows:

"1. The immigration control unit shall carry out immigration supervision in the border gate area and the areas specified in Article 4 of this Circular, with the following specific responsibilities:

a) To regulate and guide citizens exiting and entering the country, ensuring order in the control booths; to answer and guide legitimate questions and requests of citizens in accordance with functions and tasks;

b) To supervise and manage citizens exiting and entering the country and those who are allowed to enter and exit the immigration control area; to detect and prevent those who have no duties from entering the immigration control area; to check the documents of individuals with signs of violating the law on exit and entry or other laws entering and exiting the immigration control area;

c) To supervise people getting on and off vehicles;

d) To organize patrol and control work in the border gate area; to monitor the exit and entry of Vietnamese citizens.

2. Immigration supervision at land border gates shall comply with other regulations in Articles 5, 6; Clause 1, Article 8, and Article 22 of the Government’s Decree No. 112/2014/ND-CP dated November 21, 2014, providing the management of land border gates; and Clauses 3, 4, and 13, Article 1 of the Government’s Decree No. 34/2023/ND-CP dated June 16, 2023.”.

10. To add Clause 4 to Article 6 as follows:

"4. Immigration supervision at air border gates shall comply with other regulations in the Government’s Decree No. 93/2022/ND-CP dated November 07, 2022, on management of, and assurance of security and order at, air border gates.".

11. To add Clause 4 to Article 7 as follows:

"4. Take charge of implementing the connection of the National Database on Immigration with the Border Gate Department, the Vietnam Border Guard High Command, Ministry of National Defence and related authorities.".

12. To add Clauses 4 and 5 to Article 8 as follows:

"4. To lead and advise the Vietnam Border Guard High Command, Ministry of National Defence in leading and directing the implementation of immigration control at border gates under the management of the Ministry of National Defence.

5. To notify the Immigration Department, Ministry of Public Security, on the website of Ministry of National Defence and in the mass media at least 30 days in advance of the list of land border gates that meet the conditions for connection to the National Database on Immigration.".

Article 2. Effect

1. This Circular takes effect from January 01, 2025.

2. In the case where the legal documents cited in this Circular are amended, supplemented or replaced by another legal document, the new legal documents shall apply./.