What are the cases of illegal entry and exit from land border checkpoints in Vietnam?
What are the penalties for violations against regulation on land border checkpoint management in Vietnam?
Pursuant to Clause 1, Article 7 of Decree 96/2020/ND-CP stipulates as follows:
Violations against regulation on land border checkpoint management
1. A warning or a fine ranging from VND 300,000 to VND 500,000 shall be imposed for temporarily residing, staying or travelling within a land border checkpoint area against regulations.
According to the above regulations, acts of temporarily residing, staying or travelling within a land border checkpoint area against regulations will be subject to a warning or a fine ranging from VND 300,000 to VND 500,000.
What are the cases of illegal entry and exit from land border checkpoints in Vietnam? (Image from the Internet)
Pursuant to Clause 7 Article 7 of Decree 96/2020/ND-CP and Clause 8, Article 7 of Decree 96/2020/ND-CP stipulates as follows:
Violations against regulation on land border checkpoint management
...
7. Additional penalties:
a) Suspension of the driver’s license for 03 – 06 months in the case of the violation specified in Point a Clause 2 of this Article;
b) Suspension of the license to provide services or the license to conduct commercial activities at land border checkpoints for 03 - 06 months in the case of the violation specified in Point a Clause 4 of this Article;
c) Suspension of the international tour operator license for 03 - 06 months in the case of the violation specified in Point a Clause 5 of this Article;
d) Deportation of the foreign national that commits any of the violations mentioned in Clause 1; Point a or c Clause 2; Clause 4; Point c Clause 5; Clause 6 of this Article.
8. Remedial measures:
The violator is compelled to:
a) leave the land border checkpoint area if any of the violations mentioned in Clause 1; Point a Clause 2; Point b Clause 5; Clause 6 of this Article is committed;
b) implement remedial measures against environmental pollution or restore landscape of the border checkpoint area if any of the violations in Clause 6 of this Article is committed;
c) suspend exit procedures for Vietnamese vehicles or entry/exit procedures for foreign vehicles if the violation in Point b Clause 2 of this Article is committed.
Accordingly, in addition to being sanctioned for the above-mentioned administrative violations, those who act temporarily staying, staying or traveling in the land border checkpoint in Vietnam in contravention of regulations will also be expelled and forced to leave the land border checkpoint.
What are the cases of illegal entry and exit from land border checkpoint in Vietnam?
Pursuant to Point a, Clause 1, Article 5 of Circular 82/2022/TT-BQP stipulating who is entitled to enter and exit the land border checkpoint as follows:
- Outbound and inbound passengers;
- Cadres, soldiers, employees, public employees and public officials of specialized regulatory bodies and related regulatory bodies whose headquarters or offices are located within the border checkpoint area;
- Employees of agencies and organizations, and individuals involved in service provision and trading within the border checkpoint area;
- Operators of and persons working on vehicles intended for transporting exported and imported goods and outbound and inbound passengers;
- Owners of and persons trading in imports and exports who exit and enter the border checkpoint area to follow procedures for import and export of goods;
- Persons working with specialized regulatory bodies and related regulatory bodies whose headquarters or offices are located within the border checkpoint area;
- Persons coming for medical examination and treatment (if a medical location is available within the border checkpoint area);
- Persons exiting or entering the border checkpoint area for the purpose of visit, welcoming or seeing off guests or other purposes when permitted and being subject to inspection, control, supervision and guidance of the checkpoint border-guard post.
Accordingly, individuals who do not fall into the above cases, when entering and leaving the border checkpoint area, will be considered to have committed the act of entering and leaving the border checkpoint area illegally.
Who has the right to temporarily reside or stay in a land border checkpoint area in Vietnam?
Pursuant to Point b, Clause 1, Article 5 of Circular 82/2022/TT-BQP stipulates as follows:
Violations against regulation on land border checkpoint management specified in Clause 1 Article 7 and against regulations on management and protection of border works, signs in border areas, land border checkpoint and port checkpoint areas specified Clause 1 Article 10 of the Decree No. 96/2020/ND-CP
1. The violations specified in Clause 1 Article 7 of the Decree No. 96/2020/ND-CP include:
...
b) Temporary residence or stay in a land border checkpoint area by the persons who are not:
Cadres, soldiers, employees, public employees and public officials of specialized regulatory bodies and related regulatory bodies whose headquarters or offices are located within the border checkpoint area;
Employees of agencies and organizations, and individuals involved in service provision and trading within the border checkpoint area;
Vietnamese and foreign nationals staying in the border checkpoint area for the reason that they have yet to complete the entry or exit procedures for people, vehicles and goods or persons staying in the border checkpoint area for other plausible reasons and having registered their temporary residence and being subject to the management, inspection and supervision by the checkpoint border-guard station.
Thus, according to the above regulations, the following individuals will be allowed to temporarily reside in the land border checkpoint area:
- Cadres, soldiers, employees, public employees and public officials of specialized regulatory bodies and related regulatory bodies whose headquarters or offices are located within the border checkpoint area;
- Employees of agencies and organizations, and individuals involved in service provision and trading within the border checkpoint area;
- Vietnamese and foreign nationals staying in the border checkpoint area for the reason that they have yet to complete the entry or exit procedures for people, vehicles and goods or persons staying in the border checkpoint area for other plausible reasons and having registered their temporary residence and being subject to the management, inspection and supervision by the checkpoint border-guard station.
Circular 82/2022/TT-BQP on entry and exit to land border checkpoint area will take effect from January 8, 2023.
LawNet
