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MINISTRY OF
PUBLIC SECURITY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 59/2024/TT-BCA
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Hanoi, November
07, 2024
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CIRCULAR
Amending certain Articles of Circular No.74/2020/TT-BCA
dated July 01, 2020 of the Minister of Public Security on immigration control
of Vietnamese citizens at border checkpoints
Pursuant to the Law on National Border dated
June 17, 2003;
Pursuant to the Law on Entry and Exit of
Vietnamese Citizens dated November 22, 2019; the Law on amendments to certain
Articles of the Law on Entry and Exit of Vietnamese Citizens and the Law on
Entry, Exit, transit and residence of foreigners in Vietnam dated June 24,
2023;
Pursuant to the Government’s Decree No.
140/2004/ND-CP dated June 25, 2004 elaborating some Articles of the Law on
National Border;
Pursuant to the Government’s Decree No.
112/2014/ND-CP dated November 21, 2014 on management of land border
checkpoints; Decree No. 34/2023/ND-CP dated June 16, 2023 on amendments to
certain Articles of Decree No. 112/2014/ND-CP;
Pursuant to the Government’s Decree No.
77/2017/ND-CP dated July 03, 2017 on management and protection of security at
port border checkpoints;
Pursuant to Decree No. 77/2020/ND-CP dated July
01, 2020 of the Government on management and use of information in National
immigration database, online public services on issuance, management and
control of passports of Vietnamese citizens, and entry/exit control through
automated border control gates; Decree No. 67/2024/ND-CP dated June 25, 2024 of
the Government on amendments to some Articles of the Government’s Decree No.
76/2020/ND-CP dated July 01, 2020 elaborating to eligible entities, procedures
and powers to issue, revoke and annul laissez-passers and Government’s Decree
No. 77/2020/ND-CP dated July 01, 2020 prescribing management and use of
information in national immigration database; online public services on
issuance, management and control of passports of Vietnamese citizens; entry/exit
control through automated border control gates;
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Pursuant to Decree No. 01/2018/ND-CP dated
August 06, 2018 of the Government on functions, tasks, entitlements and
organizational structure of the Ministry of Public Security;
After reaching an agreement with the Minister of
National Defense, the Minister of Public Security promulgates a Circular
amending certain Articles of Circular No.74/2020/TT-BCA dated July 01, 2020 of
the Minister of Public Security on immigration control of Vietnamese citizens
at border checkpoints.
Article 1. Amendments to
certain Articles of Circular No.74/2020/TT-BCA dated July 01, 2020 of the
Minister of Public Security on immigration control of Vietnamese citizens at
border checkpoints
1. Addition of Clause 1a to after Clause 1 of
Article 5:
“1a. Immigration clearance:
a) “Immigration clearance” is the confirmation that
Vietnamese citizens have completed exit or entry procedures in an appropriate
manner, including appending or refusing to append immigration clearance stamps
on entry and exit documents;
b) Information on the entry and exit process posted
on the National Immigration Database can replace immigration clearance stamps
on entry and exit documents of citizens.
2. Amendments to Point dd Clause 1 Article 5:
“dd) Append immigration clearance stamps on entry
and exit documents of citizens exiting or entering the country through port
border checkpoints and land border checkpoints that are not connected to the
National Immigration Database.
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3. Amendments to Point e Clause 1 Article 5:
“e) Impose exit suspension on Vietnamese citizens
according to the provisions of the Law on Entry and Exit of Vietnamese Citizens
in 2019, amended in 2023;”.
4. Addition of Point g to clause 1 of Article 5:
“g) Collect portraits and fingerprints of citizens
at border checkpoints according to the provisions of law.”.
5. Amendments to Clause 2 of Article 5:
“2. The immigration control at land border
checkpoints shall comply with other provisions of Article 5, Article 6, Clause
1, Article 8, Article 22 of Decree No. 112/2014/ND-CP dated November 21, 2014
of the Government on the management of land border checkpoints; Clause 3,
Clause 4, Clause 13 Article 1 of Decree No. 34/2023/ND-CP dated June 16, 2023
of the Government.”.
6. Addition of Clause 4 to after Clause 3 of
Article 5:
“4. The immigration control at air border
checkpoints shall comply with the provisions of Decree No. 93/2022/ND-CP dated
November 01, 2022.”.
7. Addition of Clause 5 to after clause 4 of
Article 5:
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8. Addition of Clause 6 of Article 5:
“6. The immigration control of citizens entering or
existing the country through automated border control gates shall comply with
the provisions of Decree No. 77/2020/ND-CP dated July 01, 2020 of the
Government on management and use of information in National immigration
database, online public services on issuance, management and control of
passports of Vietnamese citizens, and entry/exit control through automated
border control gates, and Decree No. 67/2024/ND-CP dated June 25, 2024 of the
Government on amendments to some Articles of the Government’s Decree No.
76/2020/ND-CP dated July 01, 2020 elaborating to eligible entities, procedures
and powers to issue, revoke and annul laissez-passers and Government’s Decree
No. 77/2020/ND-CP dated July 01, 2020 prescribing management and use of
information in national immigration database; online public services on issuance,
management and control of passports of Vietnamese citizens; entry/exit control
through automated border control gates and procedures for entry/exit control
through automated border control gates established by the Ministry of Public
Security which takes charges and cooperates with the Ministry of National
Defense.”
9. Amendments to Clauses 1 and 2 of Article 6:
“1. Immigration control units monitoring the
immigration at border checkpoints and areas specified in Article 4 of this
Circular shall:
a) Regulate and guide citizens entering and exiting
the country, ensuring order in passport control cabins; provide citizens with
answers and instructions on legitimate questions and suggestions in accordance
with their functions and tasks;
b) Supervise and manage citizens entering and
exiting the country and those allowed to enter and exit areas under immigration
control; detect and prevent unauthorized people from entering areas under
immigration control; check documents of people showing signs of violating immigration
laws or violating other laws entering or exiting areas under immigration
control;
c) Supervise embarking and disembarking people;
d) Organize patrol and control work at border
checkpoints; supervise the exit and entry of Vietnamese citizens.
2. The immigration supervision at land border
checkpoints shall comply with other provisions of Article 5, Article 6, Clause
1, Article 8, Article 22 of Decree No. 112/2014/ND-CP dated November 21, 2014
of the Government on the management of land border checkpoints; Clause 3,
Clause 4, Clause 13 Article 1 of Decree No. 34/2023/ND-CP dated June 16, 2023
of the Government.”.
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“4. The immigration supervision at air border
checkpoints shall comply with the provisions of Decree No. 93/2022/ND-CP dated
November 01, 2022.“.
11. Addition of Clause 4 of Article 7:
“4. Preside over the connection of the National
Immigration Database with the Border Crossings Department, Vietnam Border Guard
Command, Ministry of National Defense and related agencies.”.
12. Addition of Clauses 4 and 5 of Article 8:
"4. Chair and advise the Vietnam Border Guard
Command or the Ministry of National Defense to lead and direct the immigration
control at border checkpoints managed by the Ministry of National Defense.
5. Notify the Vietnam Immigration Department of
Ministry of Public Security on the Web Portal of the Ministry of National
Defense and on the mass media within 30 days before the day on which the list
of land border checkpoints that meet conditions for connection to the National
Immigration Database is issued.”.
Article 2. Entry into force
1. This Circular comes into force as of January 01,
2025
2. In case legislative documents and regulations
cited in this Circular are added or replaced, new legislative documents or
cited regulations shall be applied./.
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MINISTER
General Luong Tam Quang