Periods of exit suspension and extension of exit suspension in Vietnam

Periods of exit suspension and extension of exit suspension in Vietnam (Internet image) 

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

1. Periods of exit suspension and extension of exit suspension in Vietnam

Periods of exit suspension and extension of exit suspension in Vietnam according to Article 38 of the Law on Entry and Exit of Vietnamese Citizens 2019 is as follows:

- Periods of exit suspension and extension of exit suspension are prescribed as follows:

+ With respect to cases specified in Clause 1 Article 36 of the Law on Entry and Exit of Vietnamese Citizens 2019, period of exit suspension shall comply with Code of Criminal Procedure.

+ With respect to cases specified in Clauses 2, 3, 4, 5 and 6 Article 36 of the Law on Entry and Exit of Vietnamese Citizens 2019, exit suspension period shall conclude after offenders and persons with obligations have fully complied with judgments or decisions of competent agencies and individuals as specified in this Law;

+ With respect to cases specified in Clause 7 Article 36 of the Law on Entry and Exit of Vietnamese Citizens 2019, exit suspension period shall last no more than 1 year and may be extended for no more than 1 year per instance of extension;

+ With respect to cases specified in Clause 8 Article 36 of the Law on Entry and Exit of Vietnamese Citizens 2019, exit suspension period shall last no more than 6 months and may be extended for no more than 6 months per instance of extension;

+ With respect to cases specified in Clause 9 Article 36 of the Law on Entry and Exit of Vietnamese Citizens 2019, exit suspension period shall last until national defense and security are no longer influenced according to decisions of Minister of National Defense and Minister of Public Security.

- If the exit suspension period specified in Clause 1 of Article 38 of the Law on Entry and Exit of Vietnamese Citizens 2019 expires without being cancelled and extended, the exit suspension will be cancelled automatically.

2. Procedures for exit suspension, extension and cancellation of exit suspension in Vietnam

Procedures for exit suspension, extension and cancellation of exit suspension in Vietnam according to Article 39 of the Law on Entry and Exit of Vietnamese Citizens 2019 is as follows:

- Competent individuals capable of making decisions on exit suspension are responsible for submitting documents using defined templates to immigration authorities of Ministry of Public Security while promptly informing persons subject to exit suspension in written form using defined templates, except for cases specified in Clause 9 Article 36 of the Law on Entry and Exit of Vietnamese Citizens 2019.

- During exit suspension period, if cancellation of the exit suspension is well-grounded, competent individuals specified in Article 37 of the Law on Entry and Exit of Vietnamese Citizens 2019 shall submit documents annulling decisions on exit suspension using defined templates to immigration authorities of Ministry of Public Security while promptly inform persons subject to exit suspension in written form using defined templates.  

- Before exit suspension period expires, should extension thereof be necessary, competent individuals specified in Article 37 of the Law on Entry and Exit of Vietnamese Citizens 2019 shall submit documents using defined templates to immigration authorities of Ministry of Public Security while promptly inform persons subject to extended exit suspension period in written form using defined templates.

- Competent individuals specified in Article 37 of this Law are responsible for organizing and examining cases of exit suspension within their competence on a regular basis to make decisions on extension or cancellation of exit suspension as specified in Clauses 2 and 3 of Article 39 of the Law on Entry and Exit of Vietnamese Citizens 2019

- Immigration authorities of Ministry of Public Security are responsible for implementing exit suspension, extension and cancellation of exit suspension promptly after receiving decisions thereon of competent individuals specified in Article 37 of the Law on Entry and Exit of Vietnamese Citizens 2019.

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