Eligibility for exit and entry for Vietnamese citizen

Eligibility for exit and entry for Vietnamese citizen (Internet image)

1. Eligibility for exit for Vietnamese citizen

According to Article 33 of the Law on Entry and Exit of Vietnamese Citizens 2019, a Vietnamese citizen may make exit if he/she:

- Has entire and valid entry and exit documents; 6 months or more in terms of passport validity; and

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

- 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 as specified in Civil Code and persons under 14 years of age must be accompanied by authorized legal representatives in addition to conditions specified above.

2. Eligibility for entry for Vietnamese citizens

According to Article 34 of the Law on Entry and Exit of Vietnamese Citizens 2019, Vietnamese citizen may make entry if he/she has entire and valid entry and exit documents.

3. Regulations on entry and exit control in Vietnam

Regulations on entry and exit control are specified in Article 35 of the Law on Entry and Exit of Vietnamese Citizens 2019 as follows:

-  A Vietnamese citizen when making entry or exit shall present to individuals performing entry and exit control tasks or automatic check-in gates the documents specified in Points a and b Clause 1 Article 33 and Article 34 of the Law on Entry and Exit of Vietnamese Citizens 2019, except for cases of travelling on national defense and security transportation to enter and exit Vietnam territory for national defense and security purposes.

With respect to cases specified in Clause 2 Article 33 of the Law on Entry and Exit of Vietnamese Citizens 2019, authorized legal representatives must present documents proving legal representation.

- Persons performing entry and exit control tasks are responsible for inspecting eligibility for entry and exit as specified in Article 33 and Article 34 of the Law on Entry and Exit of Vietnamese Citizens 2019, comparing with information in the National database for entry and exit of Vietnamese citizens and proceeding as follows:

+ In case of eligible, allow entry and exit;

+ In case of ineligible for exit, make records and reject exit;

+ In case of ineligible for entry, take actions according to regulations and law on sanctions against administrative violations and allow entry;

+ With respect to cases specified in Clause 3 Article 21 of this Law, conduct inspection according to decisions of Minister of Public Security and Minister of National Defense.

- Government shall elaborate on performing entry and exit control by automatic check-in gates; prescribe adoption of entry and exit control on persons travelling on national defense and security transportation to enter and exit Vietnam territory for national defense and security purposes.

4. 07 cases subject to exit suspension in Vietnam

According to Article 36 of the Law on Entry and Exit of Vietnamese Citizens 2019, there are 07 cases of Vietnamese citizens being suspended from exit, including:

- 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 Criminal Procedure Code.

- 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.

- 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.

- 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. 

- 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.

- Persons subject to enforcement and representatives of organizations subject to enforcement of implementation of decision on administrative sanctions and to be prevented from escaping.

- Persons subject to inspection and verification, proved to have committed particularly serious violations and to be prevented from escaping.

- Persons contracted from dangerous and infectious diseases and to be prevented from spreading the diseases throughout community unless allowed by foreign parties for entry.

- Persons whose exit is identified by competent authorities to influence national defense and security on a grounded basis.

Nhu Mai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE