Who are not allowed to reside in land border areas in Vietnam? What are the fines imposed on a person who temporarily resides, stays or travels in a land border area in contravention of regulations in Vietnam?

Who are allowed to enter border areas in Vietnam?

Pursuant to Article 6 of the Circular 43/2015/TT-BQP stipulating entry into border areas:

Entry into border areas

1. For Vietnamese citizens

a/ Vietnamese citizens (other than border inhabitants) entering an border area are required:

- To have personal identity papers as prescribed by law;

- To produce papers at the request of competent agencies;

- In case of staying overnight, to register their stay at the commune-level public security office.

- To leave the border area upon expiry of their stay.

- To apply for extension of their stay at places of their previous registration, if they wish to stay beyond the registered duration.

b/ Vietnamese citizens (other than those defined in Clause 1, Article 5 of Decree No. 34/20I4/ND-CP) entering a border belt are required to have their personal identity papers as prescribed by law, and send a written notice, made according to Form No. 13 provided in the Appendix to this Circular, to the local border guard post or commune-level People’s Committee. In case of staying overnight in the border belt, they shall register their stays at the commune- level public security office in accordance with law; the commune-level public security office shall send a notice, made according to Form No. 14 provided in the Appendix to this Circular, to the local border guard post for coordinated monitoring and management.

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As regulated above, people allowed to enter border areas in Vietnam must satisfy following conditions:

1. For Vietnamese citizens:

- Vietnamese citizens (other than border inhabitants) entering an border area are required:

+ To have personal identity papers as prescribed by law;

+ To produce papers at the request of competent agencies;

+ In case of staying overnight, to register their stay at the commune-level public security office.

+ To leave the border area upon expiry of their stay.

+ To apply for extension of their stay at places of their previous registration, if they wish to stay beyond the registered duration.

Vietnamese citizens (except for following entities: border inhabitants; persons who have permits of competent public security agencies for residence in land border areas; 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) entering a border belt are required to have their personal identity papers as prescribed by law, and send a written notice to the local border guard post or commune-level People’s Committee.

In case of staying overnight in the border belt, they shall register their stays at the commune- level public security office in accordance with law; the commune-level public security office shall send a notice to the local border guard post for coordinated monitoring and management.

- People and vehicles operating in a border area are required to:

+ Have personal identity papers;

+ Have documents related to the vehicles;

+ Have specialized operation licenses granted by competent agencies

+ To be subject to the inspection and supervision by the local border guard post, commune-level public security office and specialized management forces as prescribed by law.

- A non-resident entering a border area for a special reason shall:

+ Have personal identity papers;

+ Acquire a permit of the commune-level public security office of the locality of his/her residence;

+ Concurrently report on the duration of his/her stay in the border area to the local border guard post or commune- level public security office;

+ In case of staying overnight or entering a border belt, such must be approved by the local border guard post.

2. For foreigners:

- A foreigner permanently or temporarily residing in Vietnam who enters a border area must have

+ A permit granted by the Immigration Management Department of the Ministry of Public Security or the director of the provincial-level Public Security Department of the locality where he/she permanently or temporarily resides or by the director of Public Security Department of the border province of his/her destination;

+ In case the foreigner stays overnight in the border area, the manager or administrator of his/her accommodation establishment shall declare his/her temporary stay with the commune-level public security office in accordance with law;

+ In case of entering a border belt, such must be approved, inspected and supervised by the local border guard post.

- Border inhabitants of neighboring countries entering a border area must:

+ Possess adequate papers as required by the regulations on management of borders between two countries;

+ Strictly comply with regulations regarding the duration, scope, reasons and purposes of their activities;

+ In case of staying overnight, they shall register their stay in accordance with Vietnamese law and leave the border area upon the expiry of their permitted duration.

+ Stay beyond the permitted duration must be approved by the local border guard post or commune- level People s Committee.

Who are not allowed to reside in land border areas in Vietnam? What are the fines imposed on a person who temporarily resides, stays or travels in a land border area in contravention of regulations in Vietnam? - image from internet

Who are not allowed to reside in land border areas in Vietnam?

Pursuant to Clause 2 Article 5 of the Decree 34/2014/ND-CP stipulating people not allowed to reside in land border areas in Vietnam:

Residence in land border areas

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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.

As regulated above, people not allowed to reside in land border areas in Vietnam include:

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

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

- 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;

- 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.

- Persons other than those who are allowed to reside in land border areas.

Note: The above provisions are not applicable to border inhabitants.

What are the fines imposed on a person who temporarily resides, stays or travels in a land border area in contravention of regulations in Vietnam?

Pursuant to Clause 1.b and 11.c, Article 6 of the Decree 96/2020/ND-CP stipulating violations against regulation on land border area:

Violations against regulation on land border area

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed:

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b) on a person who temporarily resides, stays or travels in a land border area in contravention of regulations; or

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11. Additional penalties:

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c) Deportation of the foreign national who commits any of the violations mentioned in Point b Clause 1; Point d or dd Clause 2; Point c or dd Clause 3; Point b, c or d Clause 4; Point b Clause 6; Point b Clause 7; Clause 8; Point a Clause 9; Clause 10 of this Article.

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As regulated above, a person who temporarily resides, stays or travels in a land border area in contravention of regulations in Vietnam shall be fined from VND 300,000 to VND 500,000.

Note: The above fines apply to individuals. In cases where organizations commit the same violations as individuals, the fine will be twice the amount imposed on individuals.

In addition, a person who temporarily resides, stays or travels in a land border area in contravention of regulations in Vietnam shall be deported.

Best regards!