From August 15, 2023, is terms of passport validity required to be at least 6 months for exiting Vietnam?

From August 15, 2023, is terms of passport validity required to be at least 6 months for exiting Vietnam?

In Article 33 of the Law on Entry and Exit of Vietnamese Citizens 2019, it is stipulated that exit conditions must have a valid passport validity of 6 months or more as follows:

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

a) has entire and valid entry and exit documents; 6 months or more in terms of passport validity; and

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.

In Clause 11 Article 1 of the Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, amended in 2023, there are provisions on removing the expiry date requirement. Passport must be full 6 months or more as follows:

11. Point a Clause 1 Article 33 shall be amended as follows:

“a) has entire and valid entry and exit documents;”.

Thus, from August 15, 2023, the expiry date of the passport will not be required to be at least 6 months before exiting, but only need to meet the following conditions:

- Having entire and valid entry and exit documents;

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

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

What are procedures for exit suspension, extension and cancellation of exit suspension in Vietnam? 

In Article 39 of the Law on Entry and Exit of Vietnamese Citizens 2019, there are regulations on procedures for exit suspension, extension and cancellation of exit suspension as follows;

1. Competent individuals capable of making decisions on exit suspension are responsible for submitting documents using defined templates to immigration authorities of Ministry of Public Security while promptly informing persons subject to exit suspension in written form using defined templates, except for cases specified in Clause 9 Article 36 of this Law.

2. During exit suspension period, if cancellation of the exit suspension is well-grounded, competent individuals specified in Article 37 of this Law shall submit documents annulling decisions on exit suspension using defined templates to immigration authorities of Ministry of Public Security while promptly inform persons subject to exit suspension in written form using defined templates.  

3. Before exit suspension period expires, should extension thereof be necessary, competent individuals specified in Article 37 of this Law shall submit documents using defined templates to immigration authorities of Ministry of Public Security while promptly inform persons subject to extended exit suspension period in written form using defined templates.

4. Competent individuals specified in Article 37 of this Law are responsible for organizing and examining cases of exit suspension within their competence on a regular basis to make decisions on extension or cancellation of exit suspension as specified in Clauses 2 and 3 of this Article.

5. Immigration authorities of Ministry of Public Security are responsible for implementing exit suspension, extension and cancellation of exit suspension promptly after receiving decisions thereon of competent individuals specified in Article 37 of this Law.

Who are subject to exit suspension in Vietnam?

In Article 36 of the Law on Exit and Entry of Vietnamese citizens 2019, there are regulations on persons subject to exit suspension including:

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.

Note: The Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, amended in 2023, will take effect from August 15, 2023.

Best regards!