Circular No. 21/2011/TT-BCA on the procedures and formalities for implementing decisions not to allow entry, not to permit departure, and to postpone departure.

CIRCULAR

Provisions on the procedures for implementing decisions not to allow entry, not to permit departure, and temporary suspension of departure

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Based on the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam in 2000;

Based on Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government detailing the implementation of the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam;

Pursuant to Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government on exit and entry of Vietnamese citizens;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

After consulting relevant ministries and agencies, the Minister of Public Security shall stipulate the procedures for implementing decisions not to allow entry, not to permit departure, and temporary suspension of departure, as well as the extension and lifting of such decisions as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for implementing decisions by competent authorities regarding not allowing entry, not permitting departure, and temporary suspension of departure, and the extension and lifting of such decisions.

Article 2. Applicability

This Circular applies to competent authorities making decisions not to allow entry, not to permit departure, and temporary suspension of departure, and extending and lifting such decisions; to the agencies implementing these decisions; and to individuals subject to these decisions.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Not allowing entry means that the competent authority decides not to permit foreigners, Vietnamese citizens holding foreign passports, and Vietnamese citizens residing abroad to enter Vietnam.

2. Not permitting departure means that the competent authority decides not to permit Vietnamese citizens to depart from Vietnam.

3. Temporary suspension of departure means that the competent authority decides to temporarily suspend the departure of foreigners and Vietnamese citizens holding foreign passports residing in Vietnam for a specified period.

4. Extending decisions not to allow entry, not to permit departure, and temporary suspension of departure means that the competent authority decides to extend the application period of such decisions.

5. Lifting decisions not to allow entry, not to permit departure, and temporary suspension of departure means that the competent authority decides not to apply these measures anymore.

Chapter 2.

RECEIVING AND IMPLEMENTING DECISIONS NOT TO ALLOW ENTRY, NOT TO PERMIT DEPARTURE, AND TEMPORARY SUSPENSION OF DEPARTURE

PART 1

RECEIVING NOTICES ON DECISIONS NOT TO ALLOW ENTRY, NOT TO PERMIT DEPARTURE, AND TEMPORARY SUSPENSION OF DEPARTURE

Article 4. Receiving notices on decisions not to allow entry, not to permit departure, and temporary suspension of departure

1. Notices on decisions not to allow entry, not to permit departure, and temporary suspension of departure issued by competent authorities include:

a) Regarding not allowing entry:

- Documents issued by the Minister of Public Security for cases specified in points a, b, d, and đ Clause 1 Article 8 of Ordinance No. 24/2000/PL-UBTVQH10 dated April 28, 2000 of the Standing Committee of the National Assembly on Entry, Exit, and Residence of Foreigners in Vietnam (hereinafter referred to as Ordinance No. 24/2000/PL-UBTVQH10);

- Documents issued by the Minister of Health for the case specified in point c Clause 1 Article 8 of Ordinance No. 24/2000/PL-UBTVQH10.

b) Regarding not permitting departure:

- Documents issued by the competent authority specified in Clause 1 Article 22 of Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government on Exit and Entry of Vietnamese Citizens (hereinafter referred to as Decree No. 136/2007/NĐ-CP) for cases of not permitting departure specified in Clauses 1, 2, 3, 4, 5, and 6 Article 21 of this Decree;

- Documents issued by the head of the tax management agency for cases specified in points a and c Clause 2 Article 29 of Decree No. 85/2007/NĐ-CP dated May 25, 2007 of the Government detailing the implementation of certain provisions of the Law on Tax Administration;

- For cases of administrative violations related to exit and entry specified in Clause 7 Article 21 of Decree No. 136/2007/NĐ-CP, the Director of the Department of Exit and Entry Management under the Ministry of Public Security directly issues the decision and organizes its implementation according to the provisions of this Circular.

c) Regarding temporary suspension of departure:

- Documents issued by the competent authority specified in Clause 3 Article 9 of Ordinance No. 24/2000/PL-UBTVQH10 for cases specified in points a, b, and c Clause 1 Article 9 of this Ordinance;

- Documents issued by the Minister of Public Security for cases specified in point d Clause 1 Article 9 of Ordinance No. 24/2000/PL-UBTVQH10 based on the proposal of the Minister, the head of a ministry equivalent to a ministry, the head of a government agency, and the Chairman of the People's Committee of a province or centrally governed city;

- Documents issued by the head of the tax management agency for cases specified in point b Clause 2 Article 29 of Decree No. 85/2007/NĐ-CP dated May 25, 2007 of the Government detailing the implementation of certain provisions of the Law on Tax Administration;

2. Notices on decisions not to allow entry, not to permit departure, and temporary suspension of departure specified in Clause 1 of this Article shall be sent to the Department of Exit and Entry Management, Ministry of Public Security immediately after the decision-making authority makes the decision.

The Department of Exit and Entry Management shall be responsible for receiving and organizing the implementation of these decisions according to the provisions in Section 2 of this Circular.

Article 5. On the duration of implementation of the decision, extension and effectiveness of the decision not allowing entry, not allowing exit, temporary suspension of exit

1. The duration of applying the decision not allowing entry, not allowing exit, temporary suspension of exit recorded in the notification document of the agency or person with authority as stipulated in point b Clause 1 Article 6 of this Circular shall be determined based on the nature, level, and requirements of each specific case, but shall not exceed three years for each case.

2. In cases where it is necessary to extend the duration of application of the decision not allowing entry, not allowing exit, temporary suspension of exit, at least thirty days before the expiration date of the decision already recorded, the agency or person with authority mentioned in Article 4 of this Circular must issue a notification document regarding the extension of the decision's duration and send it to the Immigration Management Department for implementation.

3. The effectiveness of the decision not allowing entry, not allowing exit, temporary suspension of exit shall be calculated from the time when the Immigration Management Department receives and processes information related to the implementation of these decisions as prescribed in Articles 7 and 8 of this Circular until the expiration date of the decision recorded in the notification document of the agency or person with authority. These decisions shall automatically become ineffective upon expiration of the decision's duration if the Immigration Management Department does not receive a document about the extension from the agency or person with authority.

4. The agency or person with authority deciding not to allow entry, not allowing exit, temporary suspension of exit shall bear responsibility under the law for their decisions.

Article 6. Content and method of notifying the decision not allowing entry, not allowing exit, temporary suspension of exit

1. The notification document of the agency or person with authority as stipulated in Articles 4, 5, 6, and 7 of this Circular must be the original document, including:

a) Name of the agency, signature of the person with authority (clearly stating full name and position) and stamp of the agency; contact phone number of the staff member assigned by the person with authority to directly handle issues related to the person obligated to comply with the decision on not allowing entry, not allowing exit, temporary suspension of exit.

b) Information about the person obligated to comply with the decision not allowing entry, not allowing exit, temporary suspension of exit, including the following specific contents:

- Full name;

- Date of birth, place of birth;

- Gender;

- Citizenship;

- Passport number or identity card number;

- A 4x6 cm photograph;

- Current residential address;

- Duration and reason for restriction;

- Measures to be taken upon discovery.

2. This notification document shall be immediately sent to the Immigration Management Department through direct delivery, official communication, or express mail service of the post office.

3. The agency or person with authority deciding not allowing exit, temporary suspension of exit (including in cases of extension and lifting of these decisions) shall have the responsibility to notify in writing the person obligated to comply with these decisions, except in cases where confidentiality is required for criminal investigation work or security reasons.

4. The Immigration Management Department shall have the responsibility to send the notification document of the decision on temporary suspension of exit issued by the Minister of Public Security as stipulated in the second bullet point, point c Clause 1 Article 4 of this Circular to the agency or person with authority that requested the temporary suspension of exit.

PART 2

IMPLEMENTATION OF THE DECISION NOT ALLOWING ENTRY, NOT ALLOWING EXIT, TEMPORARY SUSPENSION OF EXIT

Article 7. Inspection and Supplement of Information Related to Decisions Not to Allow Entry, Not to Permit Departure, or to Temporarily Suspend Departure

1. The Immigration Management Department shall inspect the validity and content of the notification document regarding decisions not to allow entry, not to permit departure, or to temporarily suspend departure issued by competent authorities in accordance with Clause 1 of Article 6 of this Circular. In cases where the notification document lacks required information, the Immigration Management Department shall request supplementation.

2. In cases where there are changes to the information recorded in the notification document, the competent authority must promptly issue a notification document about such changes to the Immigration Management Department.

Article 8. Data Input and Notification for Implementation of Decisions Not to Allow Entry, Not to Permit Departure, or to Temporarily Suspend Departure

1. The Immigration Management Department is responsible for accurately entering all data from the notification document issued by the competent authority regarding decisions not to allow entry, not to permit departure, or to temporarily suspend departure, extensions of these decisions, and immediately notifying relevant agencies and units for implementation.

2. The data entry and notification tasks of the Immigration Management Department as stipulated in Clause 1 of this Article must be completed within 24 hours from the time of receiving a valid notification document from the competent authority.

Article 9. Enforcement of Decisions Not to Allow Entry, Not to Permit Departure, or to Temporarily Suspend Departure

1. Upon receipt of the notification from the Immigration Management Department regarding decisions not to allow entry, not to permit departure, or to temporarily suspend departure as stipulated in Clause 1 of Article 8 of this Circular, border management forces at border gates under the Ministry of Public Security; border guard forces controlling border gates under the Ministry of National Defense; provincial and centrally-administered city police departments; the Consular Service Bureau (Ministry of Foreign Affairs); Vietnamese representative offices abroad; the Maritime Administration (Ministry of Transport) shall be responsible for organizing enforcement.

2. In cases where the agencies mentioned in Clause 1 of this Article discover individuals subject to enforcement of decisions not to allow entry, not to permit departure, or to temporarily suspend departure, they must report the results of implementing such decisions to the Immigration Management Department for unified management in accordance with government regulations.

3. If necessary, the Immigration Management Department may refrain from issuing or revoke passports, visas, and other travel documents of Vietnam for individuals subject to enforcement of decisions not to allow entry, not to permit departure, or to temporarily suspend departure, and notify the issuing agencies of these actions.

Article 10. Regarding the Resolution of Decisions Not to Allow Entry, Not to Permit Departure, or to Temporarily Suspend Departure

1. During the period of application of decisions not to allow entry, not to permit departure, or to temporarily suspend departure (including extensions of these decisions), if it is deemed necessary to resolve these decisions, the competent authority shall notify the Immigration Management Department and inform the individual subject to enforcement of the decision in writing.

2. After receiving the notification document regarding the resolution of decisions not to allow entry, not to permit departure, or to temporarily suspend departure, the Immigration Management Department shall enter the data and notify relevant agencies for implementation.

3. The agencies mentioned in Clause 1 of Article 9 of this Circular shall be responsible for resolving decisions not to allow entry, not to permit departure, or to temporarily suspend departure immediately upon receipt of the notification from the Immigration Management Department.

Chapter 3.

IMPLEMENTATION

Article 11. Responsibility for Implementation

The Immigration Management Department shall take the lead in organizing the implementation of this Circular; promulgate procedures for data entry and notification for the implementation of decisions not to allow entry, not to permit departure, or to temporarily suspend departure as prescribed in this Circular.

Article 12. Effective Date

This Circular takes effect from June 10, 2011. All previous regulations of the Ministry of Public Security that conflict with this Circular are hereby abolished./.