Decree No. 73/2020/NĐ-CP stipulates 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.

DECREE

Regulations on border control for persons traveling on defense and security vehicles entering and exiting the territory of Vietnam to perform defense and security tasks

means of national defense and security entering and exiting the territory of Vietnam

to carry out national defense and security tasks

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Exit from and Entry into Vietnam of Vietnamese Citizens dated November 22, 2019;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree stipulating the border control procedures for persons traveling on defense and security vehicles of Vietnam entering and exiting the territory of Vietnam to participate in exercises, rescue operations, pursuit of criminals, and other defense and security tasks.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the exit and entry procedures for officers, professional soldiers, non-commissioned officers, soldiers, civil servants, workers, and officials of the defense sector; personnel working in agencies and organizations under the State Cryptographic Administration Board; contractual employees serving in agencies and units under the Ministry of National Defense; reservists during concentrated training, exercises, readiness mobilization checks, and combat readiness; civilian militia and self-defense forces supporting the military in combat and service support during concentrated training; citizens conscripted to serve in the military; police officers, non-commissioned officers, and workers of the People's Public Security (hereinafter referred to collectively as cadres and soldiers).

Article 2. Applicability

This Decree applies to:

1. Officers, professional soldiers, non-commissioned officers, soldiers, defense civil servants, defense workers, defense officials; persons working in agencies and organizations under the Government Cryptographic Board; contractual laborers serving in agencies and units under the Ministry of National Defense; reservists during concentrated training, exercises, readiness checks for mobilization and combat; civilian militia and self-defense forces supporting the Armed Forces in combat and service support and during concentrated training; citizens conscripted to serve in the Armed Forces; police officers, non-commissioned officers, police recruits, and People's Public Security workers (hereinafter collectively referred to as cadres and soldiers);

2. Agencies, organizations, and individuals related thereto.

Article 3. Explanation of Terms

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

1. Defense and security vehicles are specialized vehicles of the Ministry of National Defense and the Ministry of Public Security, or non-specialized vehicles requisitioned according to the law on requisitioning assets by authorized authorities to transport cadres and soldiers entering and exiting the territory of Vietnam to perform defense and security tasks.

2. The competent authority is an agency or unit under the Ministry of National Defense or the Ministry of Public Security authorized to dispatch cadres and soldiers to travel on defense and security vehicles entering and exiting the territory of Vietnam to perform defense and security tasks.

3. An emergency situation is a scenario where, due to the requirements of the mission, persons traveling on defense and security vehicles must enter or exit the territory of Vietnam as quickly as possible, and completing the standard border control procedures would significantly hinder the completion of the mission.

Article 4. Principles for controlling exit and entry for persons traveling on defense and security vehicles entering and exiting the territory of Vietnam to perform defense and security tasks

1. Exit and entry control must be carried out in accordance with the laws on exit and entry, ensuring confidentiality, speed, timeliness, and accuracy.

2. Vehicles transporting cadres and soldiers entering and exiting the territory of Vietnam to perform defense and security tasks must comply with Vietnamese laws on exit and entry via air, sea, inland waterways, land, rail, and related international treaties to which the Socialist Republic of Vietnam is a party.

3. In emergencies, if immediate exit and entry control procedures cannot be completed, the competent authority must cooperate with the exit and entry control unit to complete the exit and entry procedures no later than 48 hours from the time the person traveling on the defense and security vehicle enters or exits the territory of Vietnam to perform defense and security tasks.

Chapter II
SPECIFIC PROVISIONS

Article 5. Control of entry and exit for persons traveling on defense and security vehicles entering and exiting Vietnam to participate in exercises and drills.

1. At least 48 hours before departure, the managing authority shall notify in writing about the plan, time, location, vehicle identification number, list of persons, and types of entry and exit documents for those traveling on vehicles to perform defense and security tasks within Vietnam, which have been approved by the competent authority, to the superior unit's entry and exit control agency (Border Guard Command, Immigration Management Department) to direct the entry and exit control units to implement.

2. The entry and exit control unit has the following responsibilities:

a) Receiving and checking the validity of documents as stipulated in Clause 1 of this Article;

b) Entering information, checking, and comparing individuals listed with the national database on Vietnamese citizens' entry and exit, if individuals not meeting the conditions for departure are found, immediately reporting to the managing authority to appoint replacements;

c) Cooperating with the managing authority to monitor, verify identities, and inspect individuals departing and entering;

d) Verifying the entry and exit documents of persons traveling on vehicles participating in exercises and drills;

đ) In cases where entry and exit are conducted through automated control gates at border checkpoints, the entry and exit control procedures shall be carried out in accordance with the laws on entry and exit control using automated control gates;

e) In cases where persons traveling on vehicles are not listed in the roster, a record shall be made with the vehicle commander and the managing authority shall be immediately notified to cooperate in handling the situation.

Article 6. Control of entry and exit for persons traveling on defense and security vehicles entering and exiting Vietnam to rescue, provide disaster relief, and apprehend criminals.

1. The control of entry and exit for persons traveling on defense and security vehicles entering and exiting Vietnam to rescue, provide disaster relief, and apprehend criminals according to plans shall be implemented in accordance with the procedures stipulated in Clauses 1 and 2 of Article 5 of this Decree.

2. In emergency situations, if persons traveling on defense and security vehicles entering and exiting Vietnam to rescue, provide disaster relief, and apprehend criminals cannot immediately complete entry and exit procedures, the following actions shall be taken:

a) The managing authority shall be responsible for:

Within 48 hours from the time persons travel on defense and security vehicles enter and exit Vietnam to perform defense and security tasks, the managing authority shall notify in writing the entry and exit control unit of the contents specified in Clause 1 of Article 5 of this Decree.

b) The entry and exit control unit shall be responsible for completing the entry and exit control procedures and promptly exchanging with the managing authority any issues arising related to entry and exit control.

Article 7. Control of entry and exit for persons traveling on defense and security vehicles entering and exiting Vietnam to perform other defense and security tasks.

1. In cases where persons travel on defense and security vehicles entering and exiting Vietnam to perform other defense and security tasks according to plans, the control of entry and exit shall be carried out in accordance with the procedures stipulated in Clauses 1 and 2 of Article 5 of this Decree.

2. In emergency situations, the control of entry and exit shall be carried out in accordance with the procedures stipulated in Clause 2 of Article 6 of this Decree.

Article 8. Competence to decide on border control for persons traveling on defense and security means entering and exiting the territory of Vietnam to perform tasks in emergency situations.

1. The Minister of National Defense decides to permit persons traveling on defense and security means under the Ministry of National Defense to carry out border control in emergency situations.

2. The Minister of Public Security decides to permit persons traveling on defense and security means under the Ministry of Public Security to carry out border control in emergency situations.

Chapter III
IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Decree takes effect from July 1, 2020.

Article 10. Responsibility for Implementation

1. The Ministry of Public Security shall take the lead and coordinate with the Ministry of National Defense to implement this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and relevant organizations and individuals are responsible for implementing this Decree./.