Circular No. 79/2020/TT-BCA guiding the implementation of temporary suspension of departure and non-granting of entry

CIRCULAR

Guidelines for Implementing Temporary Suspension of Departure and Denial of Entry

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

Pursuant to the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014, and the Law Amending and Supplementing Certain Provisions of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated November 25, 2019;

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;

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

The Minister of Public Security issues this Circular guiding the implementation of temporary suspension of departure and denial of entry.

Article 1. Scope of Regulation

1. This Circular guides the implementation of decisions made by competent authorities regarding temporary suspension of departure, denial of entry, extension, revocation, and lifting of the decision on temporary suspension of departure; and lifting of the decision on denial of entry.

2. This Circular does not apply to cases stipulated in Article 25 of the Law on Mutual Legal Assistance and Paragraph 12 of Article 37 of the Law on Exit and Entry of Vietnamese Citizens.

Article 2. Forms of Exchange

1. Decisions and requests for temporary suspension of departure, denial of entry, extension, revocation, and lifting of the decision on temporary suspension of departure; and lifting of the decision on denial of entry issued by competent authorities shall be sent to the Immigration Management Department via one of the following methods: directly, through official correspondence, or express delivery; such actions must comply with regulations on information and document confidentiality.

2. Decisions and requests for temporary suspension of departure, denial of entry, extension, revocation, and lifting must be original copies containing complete information according to the forms attached to this Circular.

Article 3. Forms

1. The Circular hereby promulgates the following forms:

a) Decision on Temporary Suspension of Departure (Form M01), Decision on Extension of Temporary Suspension of Departure (Form M01b), Decision on Revocation of Temporary Suspension of Departure (Form M01c): applicable to competent authorities as provided for in Clause 2 of Article 37 of the Law on Exit and Entry of Vietnamese Citizens 2019 for application to cases where execution of imprisonment sentences is deferred, suspended, or in accordance with Clauses 3, 4, 5, 6, 7, and 8 of Article 37 of the Law on Exit and Entry of Vietnamese Citizens 2019; Clauses 1, 2, and 3 of Article 29 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019).

b) Notice of Temporary Suspension of Departure (Form M01d): applicable to Investigative Agencies, Agencies assigned tasks to conduct certain investigative activities within the People's Public Security Force (accompanied by the Decision on Temporary Suspension of Departure according to the criminal procedure form) as provided for in Clause 1 of Article 37 of the Law on Exit and Entry of Vietnamese Citizens 2019 and Clause 1 of Article 29 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019).

c) List of Notices of Temporary Suspension of Departure (Form M01đ): applicable to Provincial Criminal Enforcement Agencies to apply to individuals whose departure is deferred during conditional early release probation periods, those serving suspended sentences during probation periods, and those serving non-custodial sentences during their sentence execution period as provided for in Clause 2 of Article 36 of the Law on Exit and Entry of Vietnamese Citizens 2019.

d) Decision on Denial of Entry (Form M02), Decision on Lifting Denial of Entry (Form M02b): applicable to competent authorities as provided for in Article 22 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019).

đ) Request for the Minister of Public Security to Issue a Decision on Temporary Suspension of Departure (Form M03): applicable to the Chief Justice of the Supreme People's Court, Ministers, Heads of Ministries, Chairpersons of Provincial People's Committees under the Central Government as provided for in Point b of Clause 3 of Article 29 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019).

e) Decision of the Minister of Public Security on Temporary Suspension of Departure, Extension, Revocation, and Lifting (Form M04) based on requests from competent authorities as provided for in Clause 3 of Article 29 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019).

g) Communication Documents with Competent Authorities Issuing Decisions on Temporary Suspension of Departure/Denial of Entry (Form M05): applicable to the Immigration Management Department.

2. In cases where decisions on temporary suspension of departure and denial of entry are issued in other regulatory legal documents, competent authorities may use the forms attached to those legal documents or the forms attached to this Circular.

Article 4. Documents for requesting the Minister of Public Security to issue a decision on temporary suspension of departure

The documents for requesting the Minister of Public Security to issue a decision on temporary suspension of departure as prescribed in point b, Clause 3, Article 29 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019) include: the document stipulated in point d, Clause 1, Article 3 of this Circular, administrative penalty decisions within their jurisdiction, and other related documents.

Article 5. Inspection and handling of information

1. For decisions on temporary suspension of departure, not allowing entry:

a) Upon receipt of a decision on temporary suspension of departure or not allowing entry, the Immigration Management Department shall inspect exit-entry information; if the person has already departed or entered, the Department shall notify the competent authority that issued the decision according to Model M05;

b) If the person has not yet departed or entered, within no more than 24 hours from the time of receiving the decision, the Immigration Management Department shall update the information into the management program and notify the exit-entry control units and relevant agencies.

2. For decisions on extension, revocation, or lifting of temporary suspension of departure; lifting of not allowing entry:

Within no more than 24 hours from the time of receiving the decision, the Immigration Management Department shall update the information into the management program and notify the exit-entry control units and relevant agencies.

3. For documents requesting the Minister of Public Security to issue a decision on temporary suspension of departure:

a) Within no more than two working days, the Director of the Immigration Management Department shall report to the Minister of Public Security for consideration and decision;

b) Within no more than 24 hours from the time of receiving the decision on temporary suspension of departure issued by the Minister of Public Security, the Immigration Management Department shall update the information into the management program and notify the exit-entry control units and relevant agencies.

4. In case the exit-entry control unit discovers a person subject to the obligation to comply with the decision on temporary suspension of departure or not allowing entry, it must immediately report the implementation results to the Immigration Management Department for unified management; notify the competent authority that issued the decision for coordination in handling (if required).

Article 6. Responsibilities of the Immigration Management Department

1. Organize duty shifts 24/24 hours to receive decisions and requests for temporary suspension of departure, not allowing entry, and extension, revocation, or lifting of such decisions from competent authorities or individuals.

2. Inspect the content and form of decisions and requests for temporary suspension of departure, not allowing entry, and extension, revocation, or lifting; if they are not within the appropriate jurisdiction or lack sufficient information, request supplementation.

3. Take the lead in organizing the dissemination and guidance for relevant agencies and organizations to implement this Circular.

Article 7. Responsibilities of the Ministry of Public Security's Office

Take the lead and coordinate with the Immigration Management Department to develop procedures for the Minister of Public Security to guide the implementation of decisions by competent authorities regarding temporary suspension of departure, not allowing entry, and extension, revocation, or lifting of such decisions due to national security reasons, public order, and social safety.

Article 8. Effective Date

1. This Circular takes effect from September 1, 2020.

2. The forms prescribed in Article 3 of this Circular take effect from July 14, 2020.

3. This Circular replaces Circular No. 21/2011/TT-BCA dated April 25, 2011 of the Minister of Public Security on the procedures and formalities for implementing decisions on not allowing entry, not being allowed to depart, and temporary suspension of departure.

Article 9. Transitional Provisions

Decisions on not allowing entry, not being allowed to depart, and temporary suspension of departure issued before July 14, 2020 remain valid until the expiration date of the decision.

During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, or individuals should exchange with the Ministry of Public Security (through the Immigration Management Department) for guidance./.