Directive No. 14/2004/CT-TTg on handling and preventing illegal entry, exit, and residence abroad of Vietnamese citizens

DIRECTIVE

On Handling and Preventing Unauthorized Entry, Exit, and Residence of Vietnamese Citizens Abroad

In recent times, the situation of Vietnamese citizens entering and staying abroad illegally has increased significantly, negatively impacting the reputation and relations of our country with relevant countries, adversely affecting the development of tourism and labor export. The main violations by Vietnamese citizens are primarily in the following forms:

Illegally exiting Vietnam and entering foreign countries: These individuals typically lack entry-exit documents, are deceived, enticed, or coerced to cross borders illegally to seek employment in some countries, or use fake passports and documents to travel to other countries from these places, with many women and children being sold abroad.

Legally exiting Vietnam and entering foreign countries but subsequently residing and working illegally: These individuals enter foreign countries legally through means such as tourism, visiting relatives, self-funded study abroad, labor... but remain beyond their permitted period for the purpose of seeking employment. Many people are deceived into going abroad for work through tourism, negatively impacting social order and adversely affecting the state's labor export policy.

The above situation arises due to the following main reasons:

Objectively: Free migration, especially economic migration in the context of globalization, is a common phenomenon. Our country, currently integrating into the international and regional economy, cannot avoid the negative impacts of this trend; the fact that some countries do not strictly control the entry and residence of foreigners, only handling and deporting them when serious violations are discovered, creates conditions for illegal entry and residence of foreigners, including Vietnamese citizens. Furthermore, bilateral agreements on visa exemptions for ordinary passports between our country and others have been exploited by some individuals and organizations to fraudulently send people abroad for illegal labor to gain illicit profits. Additionally, hostile forces also influence, lure, and organize Vietnamese citizens to exit and reside illegally abroad for economic purposes to smear our political image.

Subjectively: The violators are mainly residents in rural areas, remote regions, lacking information about labor export policies, lists of companies authorized to recruit labor for export, as well as immigration laws of foreign countries, making them easy targets for deception, enticement, coercion, even forced departure (such as women and children being deceived into leaving the country). Some individuals know they do not meet the criteria for legal labor export contracts, yet despite understanding the true nature of illegal overseas business activities, they still intentionally violate for economic benefits. Moreover, the management work of some competent agencies and local authorities still has loopholes, allowing some individuals and organizations to exploit the open policies on entry-exit, tourism, and labor export by the state to deceive and organize people to exit illegally or provide disguised tourism services to send people abroad for profit; competent agencies have not promptly detected, handled, and strictly prevented such violations; information dissemination, propaganda, and education for citizens have not been adequately emphasized or implemented consistently.

To continue implementing the policy of international integration, expanding cooperation with other countries as advocated by the Party and State, creating favorable conditions for our citizens to enter and exit foreign countries with legitimate reasons and legal procedures, while limiting and ultimately eliminating the aforementioned violations, the Prime Minister issues the following directive:

1. The Ministry of Labor, Invalids, and Social Affairs shall take the lead, coordinate with relevant ministries, sectors, and provincial/municipal People's Committees to review regulations and conditions for permitting businesses to export labor, and instruct enterprises to ensure that workers are dispatched abroad according to the target groups and purposes, guaranteeing stable employment and income for workers in accordance with signed Agreements and Agreements with foreign parties; strictly manage contractual labor to prevent workers from unilaterally terminating contracts; issue stricter penalties to address the issue of contract termination; widely publicize labor export policies and lists of authorized businesses and representatives to enable workers to contact them and avoid being deceived by bad actors.

2. The Ministry of Public Security shall direct specialized forces to better handle exit procedures; actively investigate and deal with individuals and organizations involved in illegal exit facilitation and fraudulent labor export; promptly verify and respond to requests for verification from overseas representative offices regarding cases where foreign parties do not permit residence; cooperate with the Ministry of Foreign Affairs and overseas Vietnamese representative offices to study negotiation plans with foreign parties to resolve unauthorized entry and residence of Vietnamese citizens and repatriate those who were forcibly returned; proactively coordinate and exchange information with competent agencies of relevant countries to prevent and detect the use of fake documents.

3. The Ministry of National Defense shall direct border guard forces to strictly manage the exit of Vietnamese citizens at border gates under their jurisdiction; coordinate with the Ministry of Public Security, the Ministry of Foreign Affairs, and provincial People's Committees along the border to repatriate Vietnamese citizens who are not allowed to reside abroad as stipulated by law.

4. The Ministry of Foreign Affairs shall take the lead, coordinate with the Ministry of Public Security and relevant ministries and sectors to establish an inter-ministerial working group to negotiate with foreign parties to resolve the situation of Vietnamese citizens entering and exiting, residing illegally abroad, and repatriating Vietnamese citizens who are not allowed to reside abroad according to the law; direct Vietnamese representative offices abroad to cooperate with local competent authorities to monitor, statistics, and periodically report on the situation of Vietnamese citizens entering and residing illegally abroad.

To support Vietnamese citizens who are not allowed to reside abroad, are forced to return home but have no money to buy tickets, the Ministry of Foreign Affairs shall instruct Vietnamese representative offices abroad to purchase tickets for such individuals to return home and transfer the relevant documents and vouchers to the Ministry of Finance for payment. Localities where such citizens reside must reimburse the Ministry of Finance or the Ministry of Finance will deduct from the local budget. Such citizens are responsible for repaying the ticket fare to their place of residence after returning home.

5. Vietnamese representative offices abroad shall be responsible for coordinating with local competent authorities, directly examining, verifying, and bearing responsibility for reviewing and deciding on issuing documents for Vietnamese citizens who are not allowed to reside abroad to return home. After issuance, the representative office shall telegraph detailed information to the Ministry of Public Security as prescribed for coordination in receiving.

6. The Ministry of Culture, Sports and Tourism shall take the lead, coordinate with the Ministry of Labor, Invalids and Social Affairs, relevant ministries and sectors, provincial People's Committees under the central government, and mass media agencies to strengthen information dissemination and propaganda about Vietnamese laws and regulations on entry and exit, immigration laws of other countries, our policy on labor export; provide information on the fraudulent methods of organizations and individuals and the consequences of illegal labor migration abroad, self-departure and illegal residence and work abroad so that workers are aware and can prevent them.

7. The General Department of Tourism shall take the lead, coordinate with the Ministry of Finance and the Ministry of Public Security to study and submit to the Prime Minister for consideration and promulgation of regulations requiring international travel companies to bear financial responsibility for bringing back to Vietnam customers of their company if tourists remain illegally abroad and are deported.

8. The Ministry of Finance shall be responsible for coordinating with the Ministry of Foreign Affairs and relevant ministries and sectors to examine and study the formation of a financial mechanism to support the protection of Vietnamese citizens abroad; supplement funds to ensure the Border Guard Force and provincial People's Committees under the central government in receiving, managing, and repatriating Vietnamese citizens returned by other countries; coordinate with the Ministry of Foreign Affairs, Vietnamese representative offices abroad, and related localities to implement the provisions set forth in Point 4 of this Directive.

9. Provincial People's Committees under the central government shall be responsible for strengthening education and propaganda on state policies and laws regarding entry and exit, tourism, and labor export so that citizens are aware and comply; instruct lower-level People's Committees to strengthen management and selection of exported labor, detect, and coordinate with competent authorities to handle fraudulent organizations and individuals sending citizens abroad illegally; coordinate with the Ministry of Public Security and Vietnamese representative offices abroad to quickly receive returned citizens and assist them in reintegration into society and stabilizing their lives.

10. Ministers, heads of ministerial-level agencies, heads of related agencies, and Chairmen of provincial People's Committees under the central government shall be responsible for implementing this Directive. The Ministry of Foreign Affairs shall be responsible for monitoring and inspecting the implementation by ministries, sectors, and localities, and reporting to the Prime Minister on the implementation of this Directive.