Can I lend my passport to others for exiting in Vietnam?

by Quang Minh

Nowadays, if you want to go out or enter a nation, you must have a passport. However, many people want to go abroad but can’t get a passport, so they intend to borrow others’ passports. They do not know if this behavior violates the law or not. So, in this article, LSX legal firm will answer the question: “Can I lend my passport to others for exiting in Vietnam?”

  • Decree 144/2021/ND-CP
  • Law on Entry and Exit of Vietnamese Citizens 2019

Passport according to the law

Under the Law on Exit and Entry of Vietnamese citizens 2019, “Passports” means documents owned by the Government and issued by competent authorities of Vietnam to Vietnamese citizens to make entry, exit, and prove nationality and personal records.

The passport includes information such as portrait; last name, middle name, and first name; date of birth; sex; nationality; symbols and numbers of entry and exit papers; date, month, year, issuing agency; expiration date, month, year; personal identification number or identity card number; positions and titles for diplomatic passports and official passports in accordance with foreign affairs requirements.

Exiting the country

Exit means going out of Vietnam’s territory, through international border gates to go abroad.
Vietnamese citizens on exit must have valid passports and visa exemption from Vietnam’s exit visas.
Foreigners on exit must have a passport or a valid document replacing a passport (collectively referred to as a passport and must have a visa issued by a competent Vietnamese state agency) except for special cases where they get visa exemption.
Foreigners shall carry out procedures for applying for a Vietnam visa at the immigration management agency of the Ministry of Public Security, the consular office of the Ministry of Foreign Affairs, Vietnamese diplomatic missions as well as consular offices abroad.

Conditions for exiting abroad

For Vietnamese Citizens

According to Clause 1, Article 33 of the Law on Entry and Exit of Vietnamese Citizens 2019; Vietnamese citizens may exit Vietnam when fully meeting the following conditions:

  • Firstly, has entire and valid entry and exit documents; 6 months or more in terms of passport validity; and
  • Secondly, has visas or documents confirming and verifying entry acceptance of destination country, except for cases of visa-free entry; and
  • Thirdly, not listed under cases of prohibited from making exit, ineligible for making exit, and suspended from making exit as per the law.

Incapacitated persons and persons with limited recognition and behavioral control as specified in the Civil Code and persons under 14 years of age must be accompanied by authorized legal representatives in addition to conditions specified in Clause 1 of this Article.

For Foreigners

According to Article 27 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), foreigners can exit when fully meeting the following conditions:

  • Passport or valid international travel document;
  • Certificate of temporary residence or valid temporary residence card, permanent residence card;
  • Not falling into the case of temporary suspension of exit specified in Article 28 of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014.

So, foreigners using e-visa to exit must meet the above conditions and exit through international border gates decided by the Government.

Can I lend my passport to others for exiting?

According to Article 4 of the Law on Exit and Entry of Vietnamese citizens 2019, provisions on prohibited acts:
“1. Provide on purpose false information to be issued, extended, or restored or false information relating to the loss of entry and exit documents.

  1. Fabricate or use fabricated entry and exit documents to make entry or exit, or travel or reside in foreign countries.
  2. Gift, give, purchase, sell, borrow, lend, rent, lease, mortgage or receive collateral as entry and exit documents; destroy, erase or falsify entry and exit documents.
  3. Use entry and exit documents against regulations and laws negatively impacting trustworthiness or damaging interests of the Government.
  4. Taking advantage of exit or entry to infringe upon national security and order; Vietnam’s social safety, lawful rights, and interests of agencies and organizations; or the life, health, legitimate rights, and interests of individuals.
    ….”
    Accordingly, the act of lending another person a passport is a prohibited act. Therefore, you must not lend another person’s passport to exit the country.

Fines for lending your passport to others

Under Clause 3, Article 18 of Decree 144/2021/ND-CP, a fine ranging from VND 3,000,000 to VND 5,000,000 for one of the following acts:

  • Firstly, forging passports, travel documents, papers of international travel value; papers issued to foreigners entering, exiting, or residing in Vietnam or ABTC cards;
  • Secondly, enter and stay at embassies, consulates, diplomatic missions; consular offices, or offices of international agencies and organizations located in Vietnam; without permission of that agency or organization;
  • Thirdly, foreigners residing in areas where foreigners are prohibited from residing;
  • Fourthly, vehicle owners, vehicle managers; drivers of vehicles transporting people entering or leaving Vietnam illegally;
  • Also, organizing, brokering, assisting, instigating, harboring, concealing, and creating conditions for others to exit, stay abroad or enter; stay in Vietnam, or cross national borders illegally.
  • Lastly, foreigners who do not comply with competent agencies’ decisions on forcing them to exit Vietnam and continue to reside in Vietnam.

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

  • Legal advice related to new regulations in business suspension;
  • Representing in drafting and editing documents;
  • We commit the papers to be valid, and legal for use in all cases;
  • Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

How long does it take to renew an expired passport?

No more than 08 working days from the date on which the Immigration Department of the Police Department of the province or city directly under the Central Government receives the valid application.
No more than 05 working days from the date on which the Immigration Department, the Ministry of Public Security receives the valid application.

Can I get my old passport back if I apply for a new passport?

When declaring information on form X01 in item 14, you need to specify the request for the passport-issuing agency to keep it. old passport, and clearly state the reason.

Can apply for a new passport when the old passport is valid for 6 months?

In case there is a need to re-issue a new passport, go directly to the Immigration Department, the Ministry of Public Security or the Immigration Department of the Public Security of the province or city directly under the Central Government to carry out the procedures.

Contact LSX

Finally, hope this article is useful for you to answer the question about “Can I lend my passport to others for exiting in Vietnam?”. If you need any further information, please contact  LSX Law firm+84846175333 or Email: [email protected]

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