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MINISTRY OF
PUBLIC SECURITY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
79/2020/TT-BCA
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Hanoi, July
14, 2020
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CIRCULAR
GUIDELINES FOR EXIT SUSPENSION AND ENTRY SUSPENSION
Pursuant to Law on Entry and Exit of
Vietnamese Nationals dated November 22, 2019;
Pursuant to Law on Entry, Exit, Transit and
Stay of Foreigners in Vietnam dated June 16, 2014 and Law on amendments to Law
on Entry, Exit, Transit and Stay of Foreigners in Vietnam dated November 25, 2019;
Pursuant to Decree No. 01/2018/ND-CP dated
August 6, 2018 of the Government on functions, tasks, powers, and
organizational structure of the Ministry of Public Security;
At the request of Director General of
Immigration Department,
Minister of Public Security promulgates
Circular providing guidelines for exit suspension and entry suspension.
Article 1. Scope
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2. This Circular does not regulate cases
specified under Article 25 of Law on Legal Assistance, Clause 12 Article 37 of
Law on entry and exit of Vietnamese nationals.
Article 2. Method of
communication
1. Decision and request for exit suspension,
entry suspension, extension, cancellation and lifting of decisions on exit
suspension; lifting of decision on entry suspension of competent agencies and
individuals must be submitted to Immigration Department by any of following
methods: in person, via official dispatches, or express delivery and
compliant to regulations and law on information and document security.
2. Decision and request for exit suspension,
entry suspension, extension, cancellation and lifting must be master registers
and conforming to forms attached to this Circular.
Article 3. Forms
1. Following forms are attached to this
Circular:
a) Decision on exit suspension (Form M01),
Decision on extension of exit suspension (Form M01b), Decision on cancellation
of decision on exit suspension (Form M01c): used by competent agencies and
individuals specified under Clause 2 Article 37 of Law on entry and exit of
Vietnamese nationals dated 2019 in cases of imprisonment suspension, delayed
imprisonment and cases specified under Clauses 3, 4, 5, 6, 7, and 8 Article 37
of Law on entry and exit of Vietnamese nationals dated 2019; Clauses 1, 2, and
3 Article 29 of Law on Entry, Exit, Transit, and Stay of Foreigners in Vietnam
dated 2014 (and amendments thereto in 2019);
b) Notification of exit suspension (Form M01d):
used by investigating authorities, agencies assigned to conduct investigation
affairs in People’s Public Security (together with Decisions on exit suspension
in criminal proceeding) as specified under Clause 1 Article 37 of Law on Entry
and Exit of Vietnamese nationals dated 2019 and Clause 1 Article 29 of Law on
Entry, Exit, Transit, and Stay of Foreigners in Vietnam dated 2014 (and
amendments thereto in 2019);
c) Notification of list of individuals subject
to exit suspension (Form M01dd): used by criminal judgment enforcement
authorities, provincial police for individuals subject to exit suspension who
are subject to conditional release during probation period, suspension
sentences during probation period, non-custodial reforms during sentence
enforcement period as specified under Clause 2 Article 36 of Law on entry and
exit of Vietnamese nationals dated 2019;
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dd) Documents requesting Minister of Public
Security to issue Decisions on exit suspension (Form M03): used by Chief
Justice of Supreme People’s Court, ministers, heads of ministerial agencies,
Chairpersons of People’s Committees of provinces and central-affiliated cities
as specified under Point b Clause 3 Article 29 of Law on Entry, Exit, Transit,
and Stay of Foreigners in Vietnam dated 2014 (and amendments thereto in 2019);
e) Decision of Minister of Public Security on
exit suspension, extension, cancellation and lifting (Form M04) at request of
competent agencies and individuals specified under Clause 3 Article 29 of Law
on Entry, Exit, Transit, and Stay of Foreigners in Vietnam dated 2014 (and
amendments thereto in 2019);
g) Documents on communicating with competent
agencies and individuals capable of issuing Decisions on exit/entry suspension
(Form M05): used by Immigration Department.
2. In case decisions on exit suspension and
entry suspension issued under other legislative documents, competent agencies
and individuals may use forms attached to those legislative documents or forms
attached hereto.
Article 4. Application to
Minister of Public Security to issue decisions on exit suspension
Application to Minister of Public Security to
issue decisions on exit suspension as specified under Point b Clause 3 Article
29 of Law on Entry, Exit, Transit, and Stay of Foreigners in Vietnam dated 2014
(and amendments thereto in 2019) includes: documents specified under Point dd
Clause 1 Article 3 of this Circular, decision on imposing administrative
penalties within competence and other relevant documents.
Article 5. Information
examination and processing
1. In case of decisions on exit suspension and
entry suspension:
a) Upon receiving decisions on exit suspension
and entry suspension, Immigration Department shall examine immigration
information, in case individuals subject to the decisions have made their entry
or exit, Immigration Department shall inform competent agencies and individuals
that have issued said decisions using Form M05;
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2. In case of decisions on extension,
cancellation and lifting of exit suspension; lifting of entry suspension:
Within 24 hours from the point in which the
decisions are received, Immigration Department shall update information in
management program and inform immigration control entities and relevant
agencies.
3. In case of application to Minister of Public
Security to issue decisions on exit suspension:
a) Within 2 working days, Director General of
Immigration Department shall report to Minister of Public Security for
consideration and decision;
Within 24 hours from the point in which
decisions on exit suspension of Minister of Public Security are received,
Immigration Department shall update information in management program and
inform immigration control entities and relevant agencies.
4. In case immigration control entities discover
individuals obliged to comply with decisions on exit suspension or entry
suspension, immediately report implementation results to Immigration Department
for uniform management; inform competent agencies and individuals capable of
issuing decisions for cooperation and solution (if requested).
Article 6. Responsibilities
of Immigration Department
1. Standing by continuously to receive decisions
and request for exit suspension and entry suspension, extension, cancellation
and lifting of decision on exit suspension; lifting of decision on entry
suspension of competent agencies and individuals.
2. Examining contents and formats of decisions
and request for exit suspension, entry suspension, extension, cancellation and
lifting, and requesting revision in case of incorrect entitlement.
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Article 7. Responsibilities
of Office of Ministry of Public Security
Taking charge and cooperating with Immigration
Department in developing procedures of Minister of Public Security providing
guidelines for implementation of decisions of competent agencies and
individuals on exit suspension, entry suspension, extension, cancellation and
lifting of decisions on exit suspension; lifting of decisions on entry
suspension due to national security, social order and safety.
Article 8. Entry into force
1. This Circular comes into force from
September 1, 2020.
2. Forms specified under Article 3 of this
Article shall come into force from July 14, 2020.
3. This Circular replaces Circular No.
21/2011/TT-BCA dated April 25, 2011 of Minister of Public Security on
procedures for implementing decisions on entry suspension, exit suspension and
delayed exit.
Article 9. Transition
clauses
Decisions on entry suspension, exit suspension
and delayed exit issued prior to July 14, 2020 shall remain effective for the
effective period of the decisions.
Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Public
Security (via Immigration Department) for guidance./.
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MINISTER
General To Lam