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

          CIRCULAR

Regulating the immigration control for Vietnamese citizens at border gates

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

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

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;

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;

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;

At the request of the Director of the Immigration Department;

Upon consensus with the Minister of National Defence, the Minister of Public Security promulgates the Circular regulating the immigration control for Vietnamese citizens at border gates.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the principles, areas of immigration control; the inspection, supervision and verification of individuals and documents related to exit and entry for Vietnamese citizens at border gates and the responsibilities of related authorities, organizations and individuals.

Article 2. Subject of application

This Circular applies to Vietnamese citizens exiting and entering the country; immigration control units at land border gates, port border gates, and air border gates; related authorities, organizations and individuals.

Article 3. Purposes and principles of immigration control

1. To comply with the Constitution, Vietnamese law and related treaties to which the Socialist Republic of Vietnam is a member.

2. To ensure publicity, transparency and create favorable conditions for Vietnamese citizens to exit and enter the country in accordance with the law.

3. To ensure that all exit and entry activities are controlled in accordance with the law, and to strictly prohibit any abuse of immigration control to commit acts of law violation.

4. Immigration control aims to prevent, detect and stop cases that are not eligible for exit and entry; promptly detect and handle acts of law violation on exit and entry of Vietnamese citizens at border gates.
 

5. In case treaties to which Vietnam is a member contain provisions different from those of this Circular, the provisions of treaties shall apply.

Article 4. Scope and areas of immigration control

1. The scope and areas of immigration control at air border gates shall be defined from the area where passengers line up for exit procedures to the boarding gate, and from the boarding gate to the immigration control booth.

2. The scope and areas of immigration control at land border gates shall include the scope of the land border gate area as defined in the Government’s Decree No. 112/2014/ND-CP dated November 21, 2014, providing the management of land border gates.

3. The scope and areas of immigration control at port border gates shall include:

a) The scope of ports, wharves, quays, and offshore oil and gas ports officially opened by the Ministry of Transport or the Vietnam Maritime Administration in accordance with the law for Vietnamese and foreign vessels to arrive and depart for loading and unloading cargo, embarking and disembarking passengers, and carrying out other activities; the scope of inland waterway ports, inland waterway wharves, and fishing ports located in the port waters.

b) The scope of inland waterway ports, inland waterway wharves officially opened by the Ministry of Transport or the Vietnam Inland Waterways Administration or the Department of Transport of provinces and centrally-run cities in accordance with the law for Vietnamese and foreign vessels to enter, exit, and transit for loading and unloading cargo, embarking and disembarking passengers, and carrying out other activities; the scope of inland waterway wharves with the water areas in front of the quays belonging to the inland waterway border gates.

Chapter II

IMMIGRATION CONTROL FOR VIETNAMESE CITIZENS

Article 5. Inspection and verification of individuals and immigration papers

1. Responsibilities of the immigration control unit:

a) To inspect and verify the validity and legality of immigration papers and the conditions for exit and entry;

b) To confirm the consistency between the individuals exiting or entering the country and the immigration papers;

c) To record the information of the individuals exiting or entering the country into the immigration control system and supplement necessary information;

d) To inspect and cross-check personal information in immigration papers with information in the National Database on Exit and Entry of Vietnamese Citizens through direct or indirect connection via a dedicated network;

dd) To verify immigration papers;

e) To implement temporary exit suspension for Vietnamese citizens when there is a written request from a competent authority or person as prescribed by law.

2. Immigration control at land border gates shall comply with other regulations in Articles 5 and 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.

3. Immigration control at port border gates shall comply with other regulations in Articles 12, 13, 14, 15, 16, and 17 of the Government’s Decree No. 77/2017/ND-CP dated July 03, 2017 on management and protection of security at port border gates.

4. Cases of individuals traveling on national defense and security vehicles entering and exiting Vietnamese territory to perform national defense and security tasks; Vietnamese citizens using automatic immigration control gates shall comply with related legal regulations.

Article 6. Immigration supervision

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

a) To guide and regulate passengers to line up in an orderly manner in front of the control booths; to provide necessary instructions when passengers request or have questions;

b) To supervise and manage passengers 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 closely supervise individuals getting on and off vehicles;

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

2. Immigration supervision at land border gates shall comply with other regulations in Articles 5 and 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.

3. Immigration supervision at port border gates shall comply with other regulations in Articles 18, 19, and 20 of the Government’s Decree No. 77/2017/ND-CP dated July 03, 2017 on management and protection of security at port border gates.

Chapter III

IMPLEMENTATION ORGANIZATION AND PROVISIONS

Article 7. Responsibilities of the Immigration Department, Ministry of Public Security

1. To lead and advise the leadership of the Ministry of Public Security in directing the implementation of immigration control at border gates under the management of the Ministry of Public Security.

2. To inspect and guide immigration control units under the Public Security Departments of provinces and centrally-run cities in implementing immigration control at border gates assigned to Public Security Departments of provinces and centrally-run cities for management.

3. To coordinate with the Border Gate Department, the Vietnam Border Guard High Command, Ministry of National Defence to guide the Border Guard of provinces and centrally-run cities in implementing immigration control for Vietnamese citizens at border gates under the management of the Ministry of National Defence.

Article 8. Responsibilities of the Border Gate Department, the Vietnam Border Guard High Command, Ministry of National Defence

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

2. To inspect and guide immigration control units under the Border Guard Command of provinces and centrally-run cities in implementing immigration control at border gates under the management of the Ministry of National Defence.

3. To coordinate with the Immigration Department, Ministry of Public Security to guide the Border Guard of provinces and centrally-run cities in implementing immigration control for Vietnamese citizens at border gates under the management of the Ministry of National Defence.

Article 9. Effect

1. This Circular takes effect from August 15, 2020.

2. Clause 1, Article 4; Clause 1, Article 5; and Clause 1, Article 6 take effect from July 01, 2020.

Article 10. Implementation organization

1. The Immigration Department, Ministry of Public Security shall lead and coordinate with the Border Gate Department, the Vietnam Border Guard High Command, Ministry of National Defence; Directors of Public Security Departments and Commanders of Border Guard of provinces and centrally-run cities shall be responsible for the implementation of this Circular.

2. Ministries, ministerial-level agencies, agencies, units, organizations and related individuals shall implement this Circular./.