Cases banned from exiting according to Vietnamese law

Today, with the trend of development and world integration, people not only live and work in the country but also go abroad to travel, study, work or travel. Going abroad is not only a way to help people exchange cultures but also a way to promote economic development, domestic and foreign investment. However, the exit to a foreign country is not too easy; and must meet many requirements as prescribed by law. So, LSX Law firm will help you learn about cases banned from exiting accordingly Vietnamese law in the following article.

Legal grounds

Civil Law 2015 Decree

No. 07/VBHN-BCA on entry and exit of Vietnamese citizens

What is exit? Why do we carry out exit procedures?

To learn about the regulations related to exit, we need to know what is exit? Exit is going out of Vietnam’s territorial borders to go abroad. Vietnamese citizens who want to leave the territory of Vietnam must have a valid passport; and are exempt from visas. As for foreigners who want to exit the territory of Vietnam; they need to have a passport and a visa (visa) issued by a competent authority in Vietnam.

Besides, for those who illegally cross the border; that is out of the border of Vietnam but do not go through exit procedures as prescribed by law; they will be sanctioned. In addition, to mandatory exit procedures, depending on the severity and nature of violations, cases of illegal exit will be administratively or criminally sanctioned.

Conditions of exit

Vietnamese citizens or foreigners can exit Vietnam when they meet the following requirements:

• Have a valid exit permit, including a passport or valid international travel document.
• Have a certificate of temporary or permanent residence (valid)
• Not in the cases banned from exiting country (delayed exit).

Cases banned from exiting

• Person who is the defendant, defendant or related obligor in a criminal, civil, labor, business, commercial, marriage and family, administrative cases.
• Person who is requesting to accept the decision or judgment of the Court or the decision of the Competition Handling Council.
• Persons who have not fulfilled their tax payment obligations to the State.
• Persons who are subject to administrative sanctioning decisions.
• For reasons of security, national defense, social order and safety. Prevent and prevent the spread of disease

The above cases banned from exiting country do not apply to people; who are serving prison sentences; and are sent abroad. Although the exit is delayed; the time to delay exit is not more than 03 years; and can be extended.

Authority to make the decision not to exit the country

• The head of the investigating agency, the director of the procuracies, the chief justice of the court, the head of the judgment enforcement agency, the chairman of the competition council.

• Head of tax administration Minister of Public Security.

• Defense Minister.

• Health Minister.

The person who makes the decision not to leave the country will be responsible before the law for his or her decisions and will be responsible for giving the exit suspension. The decision not to leave the country will be immediately sent to the exit management agency and notified to the person who is not allowed to leave the country for implementation.

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