Thông tư 79/2020/TT-BCA

CIRCULAR

GUIDELINES FOR EXIT SUSPENSION AND ENTRY SUSPENSION

Pursuant to Law on Entry and Exit of Vietnamese Nationals dated November 22, 2019;

Pursuant to Law on Entry, Exit, Transit and Stay of Foreigners in Vietnam dated June 16, 2014 and Law on amendments to Law on Entry, Exit, Transit and Stay of Foreigners in Vietnam dated November 25, 2019;

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

At the request of Director General of Immigration Department,

Minister of Public Security promulgates Circular providing guidelines for exit suspension and entry suspension.

Article 1. Scope

1. This Circular provides guidelines for implementing decision of competent agencies and individuals on exit suspension and entry suspension, extension, cancellation and lifting of decision on exit suspension; lifting of decision on entry suspension.

2. This Circular does not regulate cases specified under Article 25 of Law on Legal Assistance, Clause 12 Article 37 of Law on entry and exit of Vietnamese nationals.

Article 2. Method of communication

1. Decision and request for exit suspension, entry suspension, extension, cancellation and lifting of decisions on exit suspension; lifting of decision on entry suspension of competent agencies and individuals must be submitted to Immigration Department by any of following methods: in person, via official dispatches,  or express delivery and compliant to regulations and law on information and document security.

2. Decision and request for exit suspension, entry suspension, extension, cancellation and lifting must be master registers and conforming to forms attached to this Circular.

Article 3. Forms

1. Following forms are attached to this Circular:

a) Decision on exit suspension (Form M01), Decision on extension of exit suspension (Form M01b), Decision on cancellation of decision on exit suspension (Form M01c): used by competent agencies and individuals specified under Clause 2 Article 37 of Law on entry and exit of Vietnamese nationals dated 2019 in cases of imprisonment suspension, delayed imprisonment and cases specified under Clauses 3, 4, 5, 6, 7, and 8 Article 37 of Law on entry and exit of Vietnamese nationals dated 2019; Clauses 1, 2, and 3 Article 29 of Law on Entry, Exit, Transit, and Stay of Foreigners in Vietnam dated 2014 (and amendments thereto in 2019);

b) Notification of exit suspension (Form M01d): used by investigating authorities, agencies assigned to conduct investigation affairs in People’s Public Security (together with Decisions on exit suspension in criminal proceeding) as specified under Clause 1 Article 37 of Law on Entry and Exit of Vietnamese nationals dated 2019 and Clause 1 Article 29 of Law on Entry, Exit, Transit, and Stay of Foreigners in Vietnam dated 2014 (and amendments thereto in 2019);

c) Notification of list of individuals subject to exit suspension (Form M01dd): used by criminal judgment enforcement authorities, provincial police for individuals subject to exit suspension who are subject to conditional release during probation period, suspension sentences during probation period, non-custodial reforms during sentence enforcement period as specified under Clause 2 Article 36 of Law on entry and exit of Vietnamese nationals dated 2019;

d) Decision on entry suspension (Form M02), Decision on lifting entry suspension (Form M02b): used by competent agencies and individuals as specified under Article 22 Law on Entry, Exit, Transit, and Stay of Foreigners in Vietnam dated 2014 (and amendments thereto in 2019);

dd) Documents requesting Minister of Public Security to issue Decisions on exit suspension (Form M03): used by Chief Justice of Supreme People’s Court, ministers, heads of ministerial agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities as specified under Point b Clause 3 Article 29 of Law on Entry, Exit, Transit, and Stay of Foreigners in Vietnam dated 2014 (and amendments thereto in 2019);

e) Decision of Minister of Public Security on exit suspension, extension, cancellation and lifting (Form M04) at request of competent agencies and individuals specified under Clause 3 Article 29 of Law on Entry, Exit, Transit, and Stay of Foreigners in Vietnam dated 2014 (and amendments thereto in 2019);

g) Documents on communicating with competent agencies and individuals capable of issuing Decisions on exit/entry suspension (Form M05): used by Immigration Department.

2. In case decisions on exit suspension and entry suspension issued under other legislative documents, competent agencies and individuals may use forms attached to those legislative documents or forms attached hereto.

Article 4. Application to Minister of Public Security to issue decisions on exit suspension

Application to Minister of Public Security to issue decisions on exit suspension as specified under Point b Clause 3 Article 29 of Law on Entry, Exit, Transit, and Stay of Foreigners in Vietnam dated 2014 (and amendments thereto in 2019) includes: documents specified under Point dd Clause 1 Article 3 of this Circular, decision on imposing administrative penalties within competence and other relevant documents.

Article 5. Information examination and processing

1. In case of decisions on exit suspension and entry suspension:

a) Upon receiving decisions on exit suspension and entry suspension, Immigration Department  shall examine immigration information, in case individuals subject to the decisions have made their entry or exit, Immigration Department shall inform competent agencies and individuals that have issued said decisions using Form M05;

b) In case exit or entry has not been made, within 24 hours from the point in which the decisions are received, Immigration Department shall update information in management program and inform immigration control entities and relevant agencies.

2. In case of decisions on extension, cancellation and lifting of exit suspension; lifting of entry suspension:

Within 24 hours from the point in which the decisions are received, Immigration Department shall update information in management program and inform immigration control entities and relevant agencies.

3. In case of application to Minister of Public Security to issue decisions on exit suspension:

a) Within 2 working days, Director General of Immigration Department shall report to Minister of Public Security for consideration and decision;

Within 24 hours from the point in which decisions on exit suspension of Minister of Public Security are received, Immigration Department shall update information in management program and inform immigration control entities and relevant agencies.

4. In case immigration control entities discover individuals obliged to comply with decisions on exit suspension or entry suspension, immediately report implementation results to Immigration Department for uniform management; inform competent agencies and individuals capable of issuing decisions for cooperation and solution (if requested).

Article 6. Responsibilities of Immigration Department

1. Standing by continuously to receive decisions and request for exit suspension and entry suspension, extension, cancellation and lifting of decision on exit suspension; lifting of decision on entry suspension of competent agencies and individuals.

2. Examining contents and formats of decisions and request for exit suspension, entry suspension, extension, cancellation and lifting, and requesting revision in case of incorrect entitlement.

3. Taking charge in publicizing and guiding relevant agencies and organizations to implement this Circular.

Article 7. Responsibilities of Office of Ministry of Public Security

Taking charge and cooperating with Immigration Department in developing procedures of Minister of Public Security providing guidelines for implementation of decisions of competent agencies and individuals on exit suspension, entry suspension, extension, cancellation and lifting of decisions on exit suspension; lifting of decisions on entry suspension due to national security, social order and safety.

Article 8. Entry into force

1. This Circular comes into force from September 1, 2020.

2. Forms specified under Article 3 of this Article shall come into force from July 14, 2020.

3. This Circular replaces Circular No. 21/2011/TT-BCA dated April 25, 2011 of Minister of Public Security on procedures for implementing decisions on entry suspension, exit suspension and delayed exit.

Article 9. Transition clauses

Decisions on entry suspension, exit suspension and delayed exit issued prior to July 14, 2020 shall remain effective for the effective period of the decisions.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Public Security (via Immigration Department) for guidance./.