Circular No. 71/2026/TT-BCA Guiding the Implementation of Temporary Suspension of Departure and Refusal of Entry on Electronic Environment

CIRCULAR

Guidelines for the Implementation of Temporary Suspension of Departure and Non-Arrival

Based on the Law on Exit and Entry of Vietnamese Citizens No. 49/2019/QH14 amended and supplemented by Decree No. 23/2023/QH15 and Decree No. 118/2025/QH15;

Based on the Law on Exit, Entry, Transit, and Residence of Foreigners in Vietnam No. 47/2014/QH13 amended and supplemented by Decrees No. 51/2019/QH14, No. 23/2023/QH15, No. 103/2025/QH15, and No. 118/2025/QH15;

Based on Decree No. 02/2025/NĐ-CP of the Government on the Functions, Powers, Tasks, and Organizational Structure of the Ministry of Public Security amended by Decree No. 11/2025/NĐ-CP;

In accordance with the proposal of the Director of the Immigration Administration Department;

The Minister of Public Security promulgates this circular to guide the implementation of decisions on temporary suspension of departure and non-arrival, extension, cancellation, and clearance of such decisions.

Article 1. Scope of Application

1. This circular guides the implementation of decisions by competent authorities regarding temporary suspension of departure and non-arrival; extension, cancellation, and clearance of decisions on temporary suspension of departure; and clearance of decisions on non-arrival.

2. This circular does not apply to:

a) Cases stipulated in Clause 1, Article 35, and Clause 12, Article 37 of the Law on Administrative Penalties No. 103/2025/QH15 and Clause 1, Article 37 of the Law on Exit and Entry of Vietnamese Citizens No. 49/2019/QH14 amended and supplemented by Decree No. 23/2023/QH15 and Decree No. 118/2025/QH15 (hereinafter referred to as the Law on Exit and Entry of Vietnamese Citizens);

b) Decisions by competent authorities regarding temporary suspension of departure and non-arrival, extension, cancellation, and clearance of such decisions; and clearance of decisions on non-arrival due to national security reasons, public order, and social safety.

Article 2. Forms of Exchange

1. Decisions, proposals for the temporary suspension of departure and non-arrival, and supplements, extensions, cancellations, and clearances of such decisions shall be transmitted electronically through the information system of the Immigration Administration Department by means of data exchange via communication with the information system of the Immigration Administration.

The transmission, receipt, processing of relevant data concerning decisions, proposals for temporary suspension of departure and non-arrival, supplements, extensions, cancellations, and clearances of such decisions shall be subject to the following principles:

a) Consistent with regulations on electronic transactions, protection of personal information, security of networks, and other related specialized laws;

b) Electronic data transmitted through the communication system of the Immigration Administration Department shall have legal value equivalent to paper documents when responding to requests for accuracy, completeness of information according to regulations on electronic transactions;

c) Recorded electronically about the time of transmission, receipt, processing for future reference, inspection, resolution of complaints, and determination of responsibilities of relevant agencies.

2. In cases where it is not possible to implement as provided in Clause 1 of this Article, such actions shall be carried out by one of the following direct methods, through official documents or fast mail; transmission via these means must be original, containing information according to the format issued with this circular or other relevant regulatory documents and in accordance with regulations on information security, materials.

Article 3. Forms

1. The following forms are annexed to this Circular:

a) Decision Temporarily Waiving Departure (Model M01), Decision Extending Temporary Waiver of Departure (Model M01b), Decision Canceling Decision Temporarily Waiving Departure (Model M01c): for authorities and persons with the authority as provided in Clause 2, Article 37 of the Law on Exit and Entry of Vietnamese Citizens to apply to cases where execution of a suspended sentence or temporary suspension of execution of a sentence is deferred, and cases under Clauses 3, 4, 5, 6, 7, and 8 of Article 37 of the Law on Exit and Entry of Vietnamese Citizens; Clauses 1, 2, and 3 of Article 29 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 47/2014/QH13 amended by Decrees Nos. 51/2019/QH14, 23/2023/QH15, 103/2025/QH15, and 118/2025/QH15 (hereinafter referred to collectively as the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam);

b) Cases of Temporary Waiver of Departure under the Investigation and Management Authority's Procedures for Applying Decisions Temporarily Waiving Departure and Decisions Canceling Prohibitions According to the Model Forms within the Criminal Procedure;

c) Cases of Temporary Waiver of Departure under the Chief Judge of the Court, Trial Board, Presiding Judge of the Trial, or Conditional Pardon Board in a Sentence Reduction Hearing, applying forms according to the corresponding laws on criminal procedure, civil procedure, and execution of criminal penalties;

d) Notification List of Temporarily Waived Departures (Model M01d): for the provincial public security organs executing criminal penalties to apply to persons whose departure is deferred as those granted conditional early release during probation, those granted suspended sentences during probation, or those serving non-custodial sentences according to Clause 2, Article 36 of the Law on Exit and Entry of Vietnamese Citizens;

d) Decision Denying Entry (Model M02), Decision Removing Denial of Entry (Model M02b): for authorities and persons with the authority as provided in Article 22 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam;

e) Request Document for the Minister of Public Security to Issue a Decision Temporarily Waiving Departure (Model M03): for the Chief Justice of the Supreme People's Court, Ministers, Heads of Equivalent Ministries, Chairmen of People's Committees of Provinces and Municipalities as provided in Item b, Clause 3, Article 29 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam;

g) Decision of the Minister of Public Security Temporarily Waiving Departure, Extending, Canceling, or Removing Denial (Model M04) according to requests from authorities and persons with the authority as provided in Clause 3, Article 29 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam;

h) Exchange Document with Authorities and Persons with Authority Issuing Decisions Temporarily Waiving Departure/Entry Denial (Model M05): for the Bureau of Immigration and Emigration.

2. Where decisions temporarily waiving departure or denying entry are issued under other regulatory documents, authorities and persons with the authority shall use the forms annexed to such regulatory documents.

Article 4. File for the Minister of Public Security to Issue a Decision Temporarily Halting Departure

The file for the Minister of Public Security to issue a decision temporarily halting departure shall include, in accordance with point b clause 3 Article 29 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, as provided in paragraph 1 point e of this Circular: a document specified at paragraph 1 point e of this Circular, decisions imposing administrative penalties within their jurisdiction, and other relevant documents.

Article 5. Inspection and Processing of Information

1. For temporary halt departure orders not allowing entry:

a) Upon receipt of the decision temporarily halting departure and not allowing entry, the Exit-Entry Administration Bureau shall inspect exit-entry information; in cases where the individual has already departed or entered, the Exit-Entry Administration Bureau shall notify the relevant authority or entity issuing such decisions using form M05;

b) In cases where the individual has not yet departed or entered, the Exit-Entry Administration Bureau shall update the information immediately upon receipt of the decision and inform the border control unit and relevant agencies.

2. For extension, cancellation, or lifting of temporary halt departure orders; lifting of non-entry decisions:

Upon immediate receipt of such a decision, the Exit-Entry Administration Bureau shall update the information in its system and notify the border control unit and relevant agencies. 3. For requests for the Minister of Public Security to issue a decision temporarily halting departure:

a) Within two working days, the Director of the Exit-Entry Administration Bureau shall report to the Minister of Public Security for review;

b) Within 24 hours from receipt of the temporary halt departure decision issued by the Minister of Public Security, the Exit-Entry Administration Bureau shall update the information in its system and notify the border control unit and relevant agencies.

4. In cases where a border control unit discovers an individual who is required to comply with a temporary halt departure or non-entry decision, it must immediately report the results of implementation to the Exit-Entry Administration Bureau for unified management; inform the authority or entity issuing such decisions if coordination is needed.

Article 6. Responsibilities of the Exit-Entry Administration Bureau

1. Organize a 24/7 duty roster to receive temporary halt departure and non-entry requests, as well as extensions, cancellations, and lifting of such decisions from relevant authorities.

2. Inspect the content and form of the decision or request for temporary halt departure and non-entry, and if it does not conform to jurisdiction or lacks sufficient information, require immediate supplementation upon receipt.

3. Coordinate and guide relevant agencies in implementing this Circular.

4. Coordinate and provide guidance on procedures for receiving, processing decisions, requests for temporary halt departure, non-entry, as well as extensions, cancellations, and lifting of such decisions through electronic means by exchanging data with the Exit-Entry Management Information System.

5. Develop and manage a regular information system to support the reception, processing of temporary halt departure and non-entry decisions, as well as their extensions, cancellations, and lifting; provide guidance on procedures for receiving, processing such decisions through electronic means by exchanging data with the Exit-Entry Management Information System.

5. Construct, manage, and operate a stable information system for the receipt of decisions, proposals for completion, entry and exit, extension, cancellation, and transfer of completed exit-entry decisions; transfer unentered decisions on the internet through data exchange with the Exit-Entry Information Management System.

Article 7. Responsibilities of Relevant Authorities and Units

1. The Office of the Investigative Authority and the Ministry of Public Security shall be the first to receive, cooperate in verifying arrest warrants and deportation orders; within 24 hours from receipt, they are responsible for updating the arrest and deportation orders on the database of counterpart deportees and notify with the national database for entry-exit services.

2. The authorities and individuals with decision-making rights, as well as those temporarily exporting, not allowing entry, extending, revoking, or invalidating temporary export decisions; invalidating decisions not allowing entry have the responsibility:

a) Fully, accurately provide information in the decision, notify of the temporary export, not allowing entry, extension, revocation, or invalidation of the temporary export decision; issue and publish decisions not allowing entry according to this Circular or other relevant legal documents; ensure the confidentiality, accuracy, completeness, and authenticity of the provided information;

b) Regularly review, update, and timely exchange information on the Ministry of Foreign Trade's database related to the application for temporary export, not allowing entry when there are changes;

c) Utilize the national population database (if conditions permit) to verify, supplement information of the person applying for temporary export, not allowing entry before sending it to the Ministry of Foreign Trade.

Article 8. Effectiveness

1. This Circular shall take effect from July 10, 2026 and replace Circular No. 79/2020/TT-BCA dated July 14, 2020 by the Minister of Public Security guiding the implementation of temporary export suspension, not allowing entry.

2. Decisions on temporary export suspension, not allowing entry issued before this Circular takes effect shall remain effective until the expiration date of such decisions.

3. In the process of implementing this Circular, if any difficulties or issues arise, authorities, organizations, and individuals are encouraged to exchange with the Ministry of Public Security (through the Bureau of Exit-Entry Administration) for guidance.