In response to the complicated developments of the Covid-19 pandemic, the Ministry of Public Security is seeking comments on the 2nd Draft Circular providing guidance on the implementation of temporary exit suspension and entry denial. This aims to establish a stringent management mechanism for immigration activities in Vietnam and enhance the effectiveness of pandemic prevention and control.
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Draft Circular on Guidelines for Temporary Suspension of Exit, Non-entry
According to the Draft, in cases where foreigners are not allowed to enter Vietnam for reasons of epidemic prevention and control; due to natural disasters or national defense, security, order, and social safety, the non-entry procedure is implemented as follows:
Step 1: The authorities and persons with jurisdiction as stipulated in Clauses 2, 3, 4 Article 22 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (referred to as Law No. 47/2014/QH13) shall send a document according to Form M01 for non-entry, specifically:
- For epidemic prevention and control reasons, as decided by the Ministry of Health;- For natural disaster reasons, as decided by the Ministry of Agriculture and Rural Development;- For national defense, security, order, and social safety reasons, as decided by the Ministry of Public Security and the Ministry of National Defense.
Step 2: Upon receiving the document, the Immigration Department checks the entry and exit information and processes as follows:
- In cases where entry has been made, the Immigration Department notifies the authorities and persons with jurisdiction mentioned above according to Form M02;- In cases where entry has not been made, the Immigration Department updates the information fully into the management program and notifies relevant agencies and units for prevention.
According to the Draft, apart from the non-entry cases mentioned above, foreigners in other regulated cases as prescribed in Article 21 of Law No. 47/2014/QH13 shall follow the non-entry procedure as follows:
Step 1: The head of the immigration control unit shall make a non-entry record according to Form M05 for cases under Clauses 1, 2, 4, 5, 6 of Article 21.
Step 2: After imposing administrative penalties and making the non-entry record, the aforementioned authorized person shall report to the Immigration Department using Form M06 to consider issuing a non-entry decision according to Form M01 for cases prescribed in Clause 3.
See detailed content of the Draft HERE.
Thanh Lam
