What is Exit suspension in Vietnam? In which case is the citizen's exit suspended by the regulation in Vietnam?

Main Content

• What is Exit suspension in Vietnam?
• Persons subject to exit suspension
• Authority to make decisions on exit suspension, extension and cancellation of exit suspension in Vietnam

What is Exit suspension in Vietnam?

According to the provisions of Clause 7 Article 2 Law on exit and entry of Vietnamese citizens 2019 thì “Exit suspension” refers to suspension or restriction from making exit for a definite period of Vietnamese citizens.

Persons subject to exit suspension

According to the provisions of Article 36 Law on exit and entry of Vietnamese citizens 2019, if a Vietnamese citizen falls into one of the below cases, their exit will be suspended, specifically:

1. Suspects and defendants; persons who are accused or filed for charge, later proved that they may have committed crimes thus must be prevented from escaping or destroying evidence as specified in Code of Criminal Procedure.

2. Persons subject to delayed imprisonment, persons suspended from imprisonment, persons on parole during probation period, persons subject to suspended sentence during probation period, persons executing community services during sentence enforcement period according to Law on Execution of Criminal Judgment.

3. Persons having obligations according to regulations and law on civil procedure if their obligations to government, agencies, organizations and individuals are proved to be involved in proceeding and their exit are proved to influence the proceeding, interests of government, legal rights and interests of agencies, organizations and individuals; persons subject to judgment execution.

4. Civil judgement debtors and legal representatives of agencies and organizations obliged to execute judgment and decisions according to regulations and law on execution of civil judgment if their exit is proved to influence interests of government, legal rights and interests of agencies, organizations and individuals; persons subject to judgment execution.

5. Tax payers, legal representatives of enterprises subject to enforcement of implementation of administrative decision on tax administration, Vietnamese making exit to reside overseas and Vietnamese residing overseas that have not satisfied tax liabilities according to regulations and law on tax administration before making exit.

6. Persons subject to enforcement and representatives of organizations subject to enforcement of implementation of decision on administrative sanctions and to be prevented from escaping.

7. Persons subject to inspection and verification, proved to have committed particularly serious violations and to be prevented from escaping.

8. Persons contracted from dangerous and infectious diseases and to be prevented from spreading the diseases throughout community unless allowed by foreign parties for entry.

9. Persons whose exit is identified by competent authorities to influence national defense and security on a grounded basis.

Authority to make decisions on exit suspension, extension and cancellation of exit suspension in Vietnam

According to Article 37 of the Law on Exit and Entry of Vietnamese citizens 2019 Authority to make decisions on exit suspension, extension and cancellation of exit suspension as follows:

1. Authority to make decisions on exit suspension with respect to cases specified in Clause 1 Article 36 of this Law shall comply with regulations and law on criminal procedure.

2. Competent agencies and individuals capable of making decisions on delayed imprisonment, suspended imprisonment, probationary parole, execution of suspended sentences and execution of community sentences are capable of making decisions on exit suspension with respect to cases specified in Clause 2 Article 36 of this Law.

3. Authority to make decisions on exit suspension with respect to cases specified in Clause 3 Article 36 of this Law shall comply with regulations and law on civil procedure.

4. Authority to make decisions on exit suspension with respect to cases specified in Clause 4 Article 36 of this Law shall comply with regulations and law on execution of civil judgment.

5. Heads of tax authorities according to regulations and law on tax administration are capable of making decisions on exit suspension with respect to cases specified in Clause 5 Article 36 of this Law.

6. Chief Justice of Supreme People’s Court, ministers, heads of ministerial agencies and Chairpersons of People’s Committees of provinces are capable of making decisions on exit suspension with respect to cases specified in Clause 6 Article 36 of this Law at request of persons making decisions on enforced implementation of decisions on adoption of administrative sanctions within their powers.

7. Heads of central inspecting agencies are capable of making decisions on exit suspension with respect to cases specified in Clause 7 Article 36 of this Law.

8. Minister of Health are capable of making decisions on exit suspension with respect to cases specified in Clause 8 Article 36 of this Law.

9. Minister of National Defense and Minister of Public Security are capable of making decisions on exit suspension with respect to cases specified in Clause 9 Article 36 of this Law.

10. Competent individuals specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article may only make decisions on exit suspension within their tasks and powers and only for cases related to lawsuits and affairs within each individual competence.

11. A person capable of making a decision on exit suspension shall be capable of making decision on extension and cancellation of the decision on exit suspension and legally responsible for his/her decisions.

12. In special cases, Minister of Public Security shall enter into agreements with persons making decisions on exit suspension to allow exit of persons subject to exit suspension