Cases of delayed issuance of entry and exit documents in Vietnam

Cases of delayed issuance of entry and exit documents in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is entry and exit?

According to Clauses 1 and 2, Article 2 of the Law on Entry and Exit of Vietnamese Citizens 2019, the entry and exit regulations are as follows:

- Exit refers to activity of Vietnamese citizens leaving Vietnam territory via border checkpoints of Vietnam.

- Entry refers to activity of Vietnamese citizens entering into Vietnam territory via border checkpoints of Vietnam from foreign countries.

2. Cases of delayed issuance of entry and exit documents in Vietnam

Cases of delayed issuance of entry and exit documents according to Article 21 of the Law on Entry and Exit of Vietnamese Citizens 2019 are as follows:

(1)  Persons failing to comply with decisions on administrative sanctions against violations specified in Clauses 1, 2, 3, 4, 5, 6 or 7 Article 4 of the Law on Entry and Exit of Vietnamese Citizens 2019:

- Provide on purpose false information to be issued, extended or restored or false information relating to loss of entry and exit documents.

- Fabricate or use fabricated entry and exit documents to make entry or exit, or travel or reside in foreign countries.

- Gift, give, purchase, sell, borrow, lend, rent, lease, mortgage or receive collateral as entry and exit documents; destroy, erase or falsify entry and exit documents.

- Use entry and exit documents against regulations and law negatively impacting trustworthiness or damaging interests of Government.

- Take advantage of entry and exit to violate national security, social security and order of Vietnam, legal rights and interests of agencies and organizations, or lives, health, legal rights and interests of individuals

- Make entry or exit illegally; organize, arrange, assist, conceal, harbor or enable others to illegally make entry or exit; cross national borders without following procedures as per the law.

- Obstruct or interfere with law enforcers in issuing entry or exit documents or controlling entry or exit activities.

(2) Persons suspended from making exit, except for cases specified in Clauses 12 Article 37 of the Law on Entry and Exit of Vietnamese Citizens 2019.

In special cases, Minister of Public Security shall enter into agreements with persons making decisions on exit suspension to allow exit of persons subject to exit suspension.

(3) Persons influencing national defense and security according to decision of Minister of National Defense or Minister of Public Security.

3. Period of delayed issuance of entry and exit documents in Vietnam

Period of delayed issuance of entry and exit documents according to Article 22 of the Law on Entry and Exit of Vietnamese Citizens 2019 is as follows:

- With respect to cases specified in (1), Section 2, period of delayed issuance of entry and exit documents shall last until decisions on administrative sanctions are fully complied with.

- With respect to cases specified in (2), Section 2, period of delayed issuance of entry and exit documents shall be determined by period of exit suspension imposed on a case-by-case basis.

- With respect to cases specified in (3), Section 2, period of delayed issuance of entry and exit documents shall last until national defense and security are no longer influenced according to decisions of Minister of National Defense and Minister of Public Security.

4. Responsibilities of holders of entry and exit documents in Vietnam

Article 23 of the Law on Entry and Exit of Vietnamese Citizens 2019 stipulates the responsibilities of holders of entry and exit documents as follows:

- Preserving and keeping entry and exit documents in pristine conditions; promptly inform competent authorities if entry and exit documents are lost; following procedures to issue entry and exit documents anew should such documents be damaged, personal information, identity attributes be changed or sex be reassigned.

- Using only 1 type of valid entry or exit document for each session of entry or exit.

- Within 5 working days from the date on which entry or exit activity concludes, diplomatic passports and service passports must be returned to agencies and individuals supervising passports specified in Clause 1 Article 24 of the Law on Entry and Exit of Vietnamese Citizens 2019, except for legitimate reasons decided by heads of agencies.

- If a person changes his/her workplace, report to agencies and individuals supervising passports of where he/she moves from and to to enable them to supervise diplomatic passports or service passports according to this Law.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE