Can persons serving suspended sentences reside in communes in land border areas in Vietnam?

Can persons serving suspended sentences reside in communes in land border areas in Vietnam?

Pursuant to Article 5 of Decree 34/2014/ND-CP stipulating residence in land border areas as follows:

1. Persons allowed to reside in land border areas:

a/ Border inhabitants;

b/ Persons who have permits of competent public security agencies for residence in land border areas;

c/ Officers, professional army men, defense officials, defense workers and employees, non-commissioned officers, soldiers of the People’s Army; officers, workers, employees and professional and technical non-commissioned officers of the People’s Public Security Force whose units are stationed in land border areas.

2. Persons not allowed to reside in land border areas:

a/ Persons banned from residing in land border areas under decisions of competent agencies, persons not yet permitted to exit or persons suspended from exit;

b/ Persons banned from traveling outside their places of residence by procedure- conducting agencies;

c/ Persons sentenced to imprisonment, against whom judgment execution decisions are not yet issued, serving suspended sentences; or permitted to postpone or suspend the serving of imprisonment sentences; persons under probation;

d/ Persons subject to the measure of education in communes, wards or townships; consignment into reformatories, compulsory education establishments or compulsory detoxification establishments but permitted to postpone the execution of such measure or against whom enforcement of such measure is suspended.

dd/ Persons other than those specified in Clause 1 of this Article;

The provisions of Points a, b, c and d of this Clause are not applicable to border inhabitants.

Thus, you served a suspended sentence still belong to case of persons allowed to reside in land border areas according to the above provisions in Vietnam. Therefore, you can return to your home in the commune in the land border area to serve the suspended sentence.

Can a person serving a suspended sentence enter the land border areas in Vietnam?

According to Article 6 of Decree 34/2014/ND-CP, entering land border areas is as follows:

1. For Vietnamese citizens

Vietnamese citizens who enter land border areas must have people’s identity cards or other personal identification papers provided by law.

2. For foreigners

a/ Foreigners who permanently or temporarily reside in Vietnam and enter land border areas must have permits of provincial-level Public Security Departments of localities where they permanently or temporarily reside or of the land border provinces which they enter;

b/ Vietnamese agencies or organizations taking foreigners into land border areas must have letters of introduction of managing agencies or organizations; persons traveling with these foreigners must have the papers specified in Clause 1 of this Article, and at the same time these agencies or organizations shall notify such to provincial-level Public Security Departments and Border-Guard Commands of the border provinces at least 24 hours in advance;

c/ For foreigners in representative or high-ranking delegations entering land border areas, Vietnamese agencies or organizations (inviting agencies or agencies working with these delegations) shall notify in writing provincial-level Public Security Departments and Border-Guard Commands of the border provinces of these foreigners, and concurrently send their persons to accompany with and guide these foreigners.

3. The following persons are not allowed to enter land border areas:

Persons other than those specified in Clauses 1 and 2 of this Article and persons specified in Clause 2, Article 5 of this Decree are not allowed to enter land border areas.

Thus, people who are serving a suspended sentence in a district other than the border area, not residents of the border area will not be allowed to enter the land border area according to regulations in Vietnam.

Which agency must Vietnamese people staying overnight at border belt notify in Vietnam?

In Article 7 of Decree 34/2014/ND-CP, activities of people and vehicles in land border areas are as follows:

1. Vietnamese citizens (except border inhabitants) and foreigners entering land border areas and staying overnight shall register their stay with local commune-level public security offices in accordance with law. Overnight stay in the border belt must be notified in writing to local border-guard posts.

2. People and vehicles operating in land border areas must have sufficient papers prescribed by law and follow instructions and submit to the inspection and control by local border-guard posts, commune-level public security offices and specialized forces in accordance with law.

3. Activities of Vietnamese and foreign people and vehicles in tourist, service and trade centers, border-gate economic zones, border-gate areas and other economic zones opened in land border areas must comply with regulations applicable to such zones and areas and other relevant laws.

4. Other activities in land border areas must comply with the relevant laws and this Decree.

5. Border inhabitants of a bordering country who conduct activities in Vietnamese land border areas shall comply with agreements on border regulations concluded between the two countries and with Vietnamese law.

According to this Article, Vietnamese people staying overnight in the border belt must notify in writing to local border-guard posts.

Best Regards!