Are people who are subject to implementation of decision on administrative sanctions allowed to exit Vietnam? What are eligibilities for Vietnamese citizens to exit Vietnam?

Are people who are subject to implementation of decision on administrative sanctions allowed to exit Vietnam?

Pursuant to Clause 6 Article 36 of the Law on Entry and Exit of Vietnamese Citizens in 2019 stipulating persons subject to exit suspension:

Persons subject to exit suspension

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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.

...

As regulated above, persons subject to enforcement and representatives of organizations subject to enforcement of implementation of decision on administrative sanctions and to be prevented from escaping are not allowed to exit Vietnam.

Are people who are subject to implementation of decision on administrative sanctions allowed to exit Vietnam? What are eligibilities for Vietnamese citizens to exit Vietnam? - image from internet

What are eligibilities for Vietnamese citizens to exit Vietnam?

Pursuant to Article 33 of the Law on Entry and Exit of Vietnamese Citizens in 2019 (amended by Clause 11 Article 1 of the Law on amendments to the Law on Entry and Exit of Vietnamese Citizens and Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam in 2023) stipulating eligibility for exit:

Eligibility for exit

1. A Vietnamese citizen may make exit if he/she:

a) has entire and valid entry and exit documents;

b) has visas or documents confirming and verifying entry acceptance of destination country, except for cases of visa-free entry; and

c) is not listed under cases of prohibited from making exit, ineligible for making exit and suspended from making exit as per the law.

2. Incapacitated persons and persons with limited recognition and behavioral control as specified in Civil Code and persons under 14 years of age must be accompanied by authorized legal representatives in addition to conditions specified in Clause 1 of this Article.

As regulated above, a Vietnamese citizen may make exit if he/she:

- has entire and valid entry and exit documents;

- has visas or documents confirming and verifying entry acceptance of destination country, except for cases of visa-free entry;

- is not listed under cases of prohibited from making exit, ineligible for making exit and suspended from making exit as per the law.

Note: Incapacitated persons and persons with limited recognition and behavioral control and persons under 14 years of age must be accompanied by authorized legal representatives.

What are cases of termination of exit suspension in Vietnam?

Pursuant to Article 125 of the Criminal Proceddure Code in 2015 stipulating termination or alteration of preventive measures in Vietnam:

Termination or alteration of preventive measures

1. Every preventive measure in effect must be terminated in one of the following events:

a) Decision not to institute criminal proceedings;

b) Terminate investigation and dismiss lawsuit;

b) Terminate investigation and lawsuit against suspects;

d) The Court declares a defendant not guilty, exempt from criminal liability, penalty or custodial sentence but imposes a suspended sentence or warning penalty, fine, non-custodial rehabilitation.

2. Investigation authorities, procuracies, and Courts shall terminate or replace preventive measures, if deemed superfluous, with other preventive measures.

The procuracy decides to terminate or replace preventive measures that it has approved during the stage of investigation. The authority requesting approval of a preventive measure excluding temporary detainment sanctioned by The procuracy, in 10 days prior to its loss of effect, must inform The procuracy of such expiration to have it terminated or replaced.

As regulated above, the exit suspension in Vietnam shall be terminated in following cases:

- Decision not to institute criminal proceedings;

- Terminate investigation and dismiss lawsuit;

- Terminate investigation and lawsuit against suspects;

- The Court declares a defendant not guilty, exempt from criminal liability, penalty or custodial sentence but imposes a suspended sentence or warning penalty, fine, non-custodial rehabilitation.

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