What are cases of suspension from entry into Vietnam?

Who is considered a foreigner in Vietnam? What are cases of suspension from entry into Vietnam? - Thanh Minh (Long An)


What are cases of suspension from entry into Vietnam? (Source: Internet)

1. Who is considered a foreigner in Vietnam?

According to Clause 1, Article 3 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014, foreigners are those who carry papers proving their foreign nationalities, or those without nationalities who enter, leave, transit through, or reside in Vietnam.

2. What is entry?

According to Clause 4, Article 3 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014, entry means a foreigner’s entering into Vietnam through a Vietnam’s border checkpoint.

3. Conditions for entry into Vietnam

Foreigners who are allowed to enter Vietnam must satisfy the conditions under Article 20 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended 2019) as follows:

(1) A foreigner shall be permitted for entry if he/she:

- Possesses a passport or documents enabling international travel, except for cases of visa-free entry as specified in this Law.

Passport of a foreigner wishing to make entry in form of unilateral visa-free must be valid at least for another 6 months; and

- Does not fall into categories of entry suspension specified in Article 21 of Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 as follows:

+ Any of the conditions in (1) is not satisfied.

+ Children under 14 years of age without parents, guardians or authorized custodians.

+ Forging papers or providing false information to obtain entry/exit/residence permit.

+ Any person suffering from a mental disease or infectious disease that threatens the public health.

+ Any person that was deported from Vietnam within the last 03 years.

+ Any person that was compelled to leave Vietnam within the last 06 months.

+ For reasons of epidemic prevention.

+ For reasons of natural disasters.

+ For reasons of national defense, national security, social order, and social safety.

- A foreigner making entry on electronic visas must fully satisfy all conditions specified in Clause 1 of Article 20 of Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 and make entry via international border checkpoints decided by the Government.

4. Cases of suspension from entry into Vietnam

Cases of suspension from entry into Vietnam according to Article 21 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 are as follows:

- Any of the conditions in (1) is not satisfied.

- Children under 14 years of age without parents, guardians or authorized custodians.

- Forging papers or providing false information to obtain entry/exit/residence permit.

- Any person suffering from a mental disease or infectious disease that threatens the public health.

- Any person that was deported from Vietnam within the last 03 years.

- Any person that was compelled to leave Vietnam within the last 06 months.

- For reasons of epidemic prevention.

- For reasons of natural disasters.

- For reasons of national defense, national security, social order, and social safety.

5. Entitlement to decide suspension from entry into Vietnam

According to Article 22 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014, the entitlement to decide suspension from entry into Vietnam is as follows:

- The head of the immigration unit shall decide suspension from entry in the cases mentioned in Clauses 1, 2, 3, 4, 5 and 6 Article 21 of Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014:

+ Any of the conditions in (1) is not satisfied.

+ Children under 14 years of age without parents, guardians or authorized custodians.

+ Forging papers or providing false information to obtain entry/exit/residence permit.

+ Any person suffering from a mental disease or infectious disease that threatens the public health.

+ Any person that was deported from Vietnam within the last 03 years.

+ Any person that was compelled to leave Vietnam within the last 06 months.

- The Minister of Health shall decide suspension of entry for reasons of epidemic prevention

- The Minister of Agriculture and Rural development shall decide suspension of entry for reasons of natural disasters.

- The Minister of Public Security and the Minister of National Defense shall decide suspension of entry for reasons of national defense, national security, social order, and social safety.

- The persons competent to decide suspension of entry are also competent to lift such suspension and take responsibility for their decision.

Quoc Dat

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