Circular No. 59/2024/TT-BCA Amending and Supplementing Certain Provisions of Circular No. 74/2020/TT-BCA dated July 1, 2020, issued by the Minister of Public Security on the control of entry and exit for Vietnamese citizens at border gates.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 74/2020/TT-BCA dated July 1, 2020 issued by the Minister of Public Security on the control of exit and entry for Vietnamese citizens at border gates

On the basis of the Law on Exit and Entry of Vietnamese Citizens dated November 22, 2019; the Law amending and supplementing certain provisions of the Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated June 24, 2023;

On the basis of Decree No. 140/2004/NĐ-CP dated June 25, 2004 of the Government detailing certain provisions of the National Border Law;

Pursuant to the Law on National Border dated June 17, 2003;

On the basis of Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on management of land border gates; Decree No. 34/2023/NĐ-CP dated June 16, 2023 of the Government amending and supplementing certain provisions of Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on management of land border gates;

On the basis of Decree No. 77/2017/NĐ-CP dated July 3, 2017 of the Government on management and protection of security and public order at port border gates;

On the basis of Decree No. 77/2020/NĐ-CP dated July 1, 2020 of the Government on management and exploitation of information in the National Database on Exit and Entry; online public services for issuance, management, and control of passports for Vietnamese citizens; automatic gate exit and entry control; Decree No. 67/2024/NĐ-CP dated June 25, 2024 of the Government amending and supplementing certain provisions of Decree No. 76/2020/NĐ-CP dated July 1, 2020 of the Government detailing the subjects, procedures, and authorities for issuance, revocation, and invalidation of travel permits and Decree No. 77/2020/NĐ-CP dated July 1, 2020 of the Government on management and exploitation of information in the National Database on Exit and Entry; online public services for issuance, management, and control of passports for Vietnamese citizens; automatic gate exit and entry control;

On the basis of Decree No. 93/2022/NĐ-CP dated November 7, 2022 of the Government on management and ensuring security and public order at air border gates;

After reaching consensus with the Minister of National Defense, the Minister of Public Security promulgates this Circular to amend and supplement certain provisions of Circular No. 74/2020/TT-BCA dated July 1, 2020 issued by the Minister of Public Security on the control of exit and entry for Vietnamese citizens at border gates.

Article 1. Amending and supplementing certain provisions of Circular No. 74/2020/TT-BCA dated July 1, 2020 issued by the Minister of Public Security on the control of exit and entry for Vietnamese citizens at border gates

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

1. Supplement Clause 1a to Article 5 as follows:

"1a. Exit and entry verification:

a) Exit and entry verification is the act of confirming that Vietnamese citizens have completed their exit or entry procedures in accordance with regulations, including stamping verification or not stamping verification on exit and entry documents;

b) Information about the exit and entry process recorded in the National Database on Exit and Entry has the same value as the verification stamp affixed on the exit and entry documents of Vietnamese citizens."
2. Amend and supplement Point d of Clause 1 of Article 5 as follows:

"d) Stamp verification on the exit and entry documents of Vietnamese citizens exiting or entering through seaport border gates and land border gates not connected to the National Database on Exit and Entry.

Do not stamp verification on the exit and entry documents of Vietnamese citizens exiting or entering through air border gates and land border gates connected to the National Database on Exit and Entry;"

3. Amend and supplement Point e of Clause 1 of Article 5 as follows:

"e) Implement temporary suspension of exit for Vietnamese citizens in accordance with the Law on Exit and Entry of Vietnamese Citizens 2019, amended and supplemented in 2023;"

4. Supplement Point g to Clause 1 of Article 5 as follows:

"g) Collect facial images and fingerprints of citizens at border gates in accordance with the law."

"2. The work of controlling exit and entry at land border gates shall comply with other provisions stipulated in Article 5, Article 6, Clause 1 of Article 8, and Article 22 of Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on management of land border gates; Clause 3, Clause 4, and Clause 13 of Article 1 of Decree No. 34/2023/NĐ-CP dated June 16, 2023 of the Government amending and supplementing certain provisions of Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on management of land border gates."

6. Supplement Clause 4 after Clause 3 of Article 5 as Clause 4 of Article 5 as follows:

Calculated power (kW or kWp) as specified in Clause 3 of this Article;

"4. The work of controlling exit and entry at air border gates shall comply with other provisions stipulated in Decree No. 93/2022/NĐ-CP dated November 7, 2022 of the Government on management and ensuring security and public order at air border gates."

7. Amend and supplement Clause 4 of Article 5 as Clause 5 of Article 5 as follows:

"5. In cases where individuals traveling on defense and security vehicles enter or leave the territory of Vietnam to perform defense and security tasks, they shall comply with Decree No. 73/2020/NĐ-CP dated June 30, 2020 of the Government on the control of exit and entry for individuals traveling on defense and security vehicles entering or leaving the territory of Vietnam to perform defense and security tasks."

8. Supplement Clause 6 to Article 5 as follows:

"5. In the case of persons traveling on defense and security vehicles entering and exiting the territory of Vietnam to perform defense and security tasks, they shall be implemented in accordance with Government Decree No. 73/2020/NĐ-CP dated June 30, 2020, stipulating the control of entry and exit for persons traveling on defense and security vehicles entering and exiting the territory of Vietnam to perform defense and security tasks."

8. Supplement Clause 6 of Article 5 as follows:

"6. The control of entry and exit for citizens exiting and entering through automatic gate control shall be implemented in accordance with the provisions set forth in Decree No. 77/2020/NĐ-CP dated July 1, 2020 of the Government on the management and exploitation of information in the National Database on Entry and Exit; online public services for issuing, managing, and controlling passports for Vietnamese citizens; automatic gate control for entry and exit, and Decree No. 67/2024/NĐ-CP dated June 25, 2024 of the Government amending and supplementing certain articles of Decree No. 76/2020/NĐ-CP dated July 1, 2020 of the Government detailing the subjects, procedures, formalities, authorities for issuing, revoking, and invalidating travel permits, and Decree No. 77/2020/NĐ-CP dated July 1, 2020 of the Government on the management and exploitation of information in the National Database on Entry and Exit; online public services for issuing, managing, and controlling passports for Vietnamese citizens; automatic gate control for entry and exit, and the Process for Controlling Entry and Exit Through Automatic Gate Control issued by the Ministry of Public Security in coordination with the Ministry of National Defense."

9. Amend and supplement Clause 1, Clause 2 of Article 6 as follows:

"1. The entry and exit control units shall carry out supervision of entry and exit at border areas and other areas specified in Article 4 of this Circular, with specific responsibilities as follows:

a) Regulate and guide citizens exiting and entering to ensure order at the inspection counters; answer and guide citizens' legitimate inquiries in accordance with their functions and duties;

b) Supervise and manage citizens exiting and entering and those permitted to enter and leave the entry and exit control area; detect and prevent unauthorized persons from entering the entry and exit control area; check the documents of individuals suspected of violating laws on entry and exit or other laws when entering or leaving the entry and exit control area;

c) Supervise boarding and disembarking from vehicles;

d) Organize patrol and control work at the border area; supervise the entry and exit of Vietnamese citizens.

2. The supervision of entry and exit at land border gates shall be carried out in accordance with other provisions stipulated in Articles 5, 6, Clause 1 of Article 8, and Article 22 of Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on the management of land border gates; Clauses 3, 4, and 13 of Article 1 of Decree No. 34/2023/NĐ-CP dated June 16, 2023 of the Government."

10. Supplement one clause as Clause 4 of Article 6 as follows:

"4. The supervision of entry and exit at airway ports shall be carried out in accordance with other provisions stipulated in Decree No. 93/2022/NĐ-CP dated November 7, 2022 of the Government on the management and security assurance at airway ports."

11. Supplement Clause 4 of Article 7 as follows:

"4. Take the lead in connecting the National Database on Entry and Exit with the General Department of Customs, the Border Guard Command, the Ministry of National Defense, and related agencies."

12. Supplement Clause 4, Clause 5 of Article 8 as follows:

"4. Take the lead and advise the Border Guard Command and the Ministry of National Defense to direct and instruct the implementation of entry and exit control at border gates managed by the Ministry of National Defense.

5. Announce to the Immigration Administration Department of the Ministry of Public Security, on the Ministry of National Defense's Electronic Information Portal, and on mass media no later than 30 days before the list of land border gates meeting the conditions for connection with the National Database on Entry and Exit."

Article 2. Effective Date

1. This Circular takes effect from January 1, 2025

2. In case the legal normative documents cited in this Circular are amended, supplemented, or replaced by another legal normative document, then the new legal normative document shall apply./.