Scope and area of entry and exit control for Vietnamese citizens at the border gate

Scope and area of entry and exit control for Vietnamese citizens at the border gate (Internet image)

Regarding this issue, LawNet responded as follows:

1. What is entry and exit control?

According to Clause 6, Article 2 of the Law on Entry and Exit of Vietnamese Citizens 2019, entry and exit contro refers to examination, inspection and verification of persons and papers of entry and exit as specified in the Law on Entry and Exit of Vietnamese Citizens 2019.

2. Scope and area of entry and exit control for Vietnamese citizens at the border gate

Specifically, in Article 4 of Circular 74/2020/TT-BCA, stipulating the scope and area of entry and exit control for Vietnamese citizens at the border gate as follows:

- The scope and area of entry and exit control at the air border gate are calculated from the area of customers queuing for exit procedures to the door of the aircraft and from the door of the aircraft to the entry control podium.

- The scope and area of entry and exit control at the land border gate, including the land border border gate area, are determined according to the provisions of Decree 112/2014/ND-CP.

- The scope and area of entry and exit control at the port border gate include:

+ Scope of seaports, ports, wharves, and offshore oil and gas ports announced by the Ministry of Transport or the Vietnam Maritime Administration to open according to the competence prescribed by law for Vietnamese and foreign ships to come and leave to load and unload goods, pick up and drop off passengers, and perform other activities; within the scope of inland waterway ports and fishing ports located within seaport waters.

+ The scope of inland waterway ports and inland waterways wharves announced by the Ministry of Transport or the Vietnam Inland Waterway Administration, or the Departments of Transport of provinces and centrally-run cities to open according to the competence prescribed by the regulations for Vietnamese and foreign ships to enter, exit, or change ports to load and unload goods, pick up and drop off passengers, and perform other activities; within the inland wharf area, the water area in front of the wharf belongs to the border area of the inland waterway port.

3. Purpose and principles of entry and exit control for Vietnamese citizens at the border gate

The purpose and principles of entry and exit control for Vietnamese citizens at the border gate are as follows:

- Complying with the Constitution, laws of Vietnam, and relevant international treaties to which the Socialist Republic of Vietnam is a signatory.

- Ensuring public awareness, transparency, and creating favorable conditions for Vietnamese citizens to exit and enter legally.

- Ensuring that all exit and entry activities are controlled in accordance with legal requirements.It is strictly forbidden to take advantage of the entry and exit control system to commit illegal acts.

- The control of entry and exit aims to prevent, detect, and stop cases of ineligibility for exit and entry; promptly detect and handle violations of the law on exit and entry of Vietnamese citizens at border gates.

- In case an international treaty to which Vietnam is a member contains other provisions than those in Circular 74/2020/TT-BCA, the provisions of the international treaty shall apply.

(Article 3 of Circular 74/2020/TT-BCA)

4. Tasks of the entry and exit control unit towards Vietnamese citizens at the border gate

According to Clause 1, Article 5 of Circular 74/2020/TT-BCA, the entry and exit control unit for Vietnamese citizens at the border gate is responsible for performing the following tasks:

- Checking and determining the validity and legality of entry and exit documents and entry and exit conditions;

- Determining the identity between people on exit or entry with entry and exit documents;

- Entering information of people on exit or entry into the entry and exit control system and add necessary information;

- Check and compare personal information in entry and exit documents with information in the National Database on exit and entry of Vietnamese citizens via direct or indirect connection via a dedicated network. ;

- Verify entry and exit documents;

- Implement a temporary suspension of exit for Vietnamese citizens when there is a document from a competent agency or person, as prescribed by law.

Tran Thanh Rin

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