Circular No. 74/2020/TT-BCA on the control of exit and entry for Vietnamese citizens at border gates.

CIRCULAR

Regulations on Exit and Entry Control for Vietnamese Citizens at Border Gates These regulations apply to Vietnamese citizens at border gates.

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

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

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;

Pursuant to Decree No. 140/2004/NĐ-CP dated June 25, 2004, issued by the Government detailing certain provisions of the National Border Law;

Pursuant to Decree No. 112/2014/NĐ-CP dated November 21, 2014 of the Government on management of land border gates;

Pursuant to Decree No. 77/2017/NĐ-CP dated July 3, 2017, issued by the Government on management and security protection at port border gates;

At the proposal of the Director of the Immigration Administration Department;

After reaching consensus with the Minister of National Defense, the Minister of Public Security promulgates this Circular regulating the control of exit and entry for Vietnamese citizens at border gates.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the principles and areas of exit and entry control; the work of inspecting, supervising, and verifying persons and exit and entry documents for Vietnamese citizens at border gates and the responsibilities of relevant agencies, organizations, and individuals.

Article 2. Applicability

This Circular applies to Vietnamese citizens exiting and entering the country; exit and entry control units at land border gates, port gates, and air gates; and relevant agencies, organizations, and individuals.

Article 3. Objectives and Principles of Exit and Entry Control

1. Compliance with the Constitution, laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party.

2. Ensuring transparency and creating favorable conditions for Vietnamese citizens to exit and enter the country in accordance with the law.

3. Ensuring that all exit and entry activities are controlled in accordance with the law, strictly prohibiting the abuse of exit and entry control to commit illegal acts.

4. Exit and entry control aims to prevent, detect, and stop cases where individuals do not meet the conditions for exiting or entering the country; promptly detect and handle violations of laws related to exit and entry by Vietnamese citizens at border gates.

5. In cases where international treaties to which Vietnam is a party provide different regulations than those stipulated in this Circular, such treaties shall be followed.

Article 4. Scope and Areas of Exit and Entry Control

1. The scope and area of exit and entry control at air border gates include the area from the passenger queue for departure procedures to the aircraft door and from the aircraft door to the arrival immigration counter.

2. The scope and areas of exit and entry control at land border gates include the area of the land border gate as defined according to the provisions of Decree No. 112/2014/NĐ-CP dated November 21, 2014, of the Government on the management of land border gates.

3. The scope and area of exit and entry control at port border gates include:

a) The maritime port area, wharf, pier, offshore oil terminal area announced by the Ministry of Transport or the Vietnam Maritime Administration within their respective jurisdictions for Vietnamese and foreign vessels to dock, load/unload cargo, embark/disembark passengers, and perform other activities; the inland waterway port area, inland waterway wharf, and fishery port area located within the maritime port waters.

b) The inland waterway port area, inland waterway wharf announced by the Ministry of Transport or the Vietnam Inland Waterways Administration or the Provincial Department of Transport under the central government within their respective jurisdictions for Vietnamese and foreign vessels to enter, exit, transfer ports to load/unload cargo, embark/disembark passengers, and perform other activities; the inland waterway wharf area with pre-pier waters belonging to the inland waterway port gate.

Chapter II

CONTROL OF EXIT AND ENTRY FOR VIETNAMESE CITIZENS

a) Verify the legality and validity of travel documents for entry and exit and the conditions for departure and entry;

b) Confirm the consistency between the person departing or entering and their travel documents;

c) Input information of persons departing or entering into the border control system and supplement necessary information;

d) Checking and cross-referencing personal information in exit and entry documents with information in the National Database on Exit and Entry of Vietnamese Citizens through direct or indirect network connections;

a) Guide and regulate passengers to queue orderly before inspection counters; provide necessary instructions when passengers request or inquire;

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

c) Closely monitor boarding and disembarking of passengers;

d) Organize patrol and control work in the border gate area; closely monitor the exit and entry of Vietnamese citizens.

3. Exit and entry supervision work at port gates shall comply with other provisions set forth in Articles 18, 19, and 20 of Decree No. 77/2017/NĐ-CP dated July 3, 2017, of the Government on the management and security protection at port gates.

Chapter III

IMPLEMENTATION AND EFFECTIVE PROVISIONS

1. Take the lead and advise the leadership of the Ministry of Public Security to direct the implementation of border exit and entry control at gates managed by the Ministry of Public Security.

2. Inspect and guide the exit and entry control units under the provincial public security departments to implement exit and entry control at border gates managed by the provincial public security departments.

3. Coordinate with the Gate Management Bureau, the Border Guard Command, and the Ministry of Defense to guide the Border Guard units of provinces and centrally-administered cities to implement exit and entry control for Vietnamese citizens at border gates managed by the Ministry of Defense.

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

2. Inspect and guide the exit and entry control units under the Border Guard Commands of provinces and centrally-administered cities to implement exit and entry control at border gates managed by the Ministry of Defense.

3. Coordinate with the Exit and Entry Management Department, Ministry of Public Security to guide the Border Guard units of provinces and centrally-administered cities to implement exit and entry control for Vietnamese citizens at border gates managed by the Ministry of Defense.

Article 9. Effective Date

1. This Circular takes effect from August 15, 2020.

2. Clause 1 of Article 4, Clause 1 of Article 5, and Clause 1 of Article 6 take effect from July 1, 2020.

Article 10. Implementation Organization

1. The Exit and Entry Management Department, Ministry of Public Security shall take the lead and coordinate with the Gate Management Bureau, the Border Guard Command, and the Ministry of Defense; the Directors of Public Security Departments and the Commanders of Border Guard Corps of provinces and centrally-administered cities shall be responsible for implementing this Circular.

2. Relevant ministries, agencies at the ministerial level, organizations, and individuals shall be responsible for implementing this Circular./.