Cases of suspension from exit Vietnam for foreigner

Cases of suspension from exit Vietnam for foreigner

1. A foreigner may be suspended from exit Vietnam in one of the following cases:

a) He/she is currently the suspect, the accused, or the person with relevant obligations in a criminal case; a defendant or a person with relevant obligations in a civil case pertaining to business, employment, administration, marriage and familial affairs;
b) He/she has to implement a judgment or decision of the Court or a Competition Settlement Council;
c) His/her tax obligation is not fulfilled;
d) He/she is obliged to implement a decision on penalties for administrative violations;
e) For reasons of national defense and security.

2. Clause 1 of this Clause 1 is not applied to people who is serving a prison sentence and taken abroad to provide evidence as prescribed by Article 25 of the Law on Judicial assistance.

3. The duration of suspension from exit Vietnam for foreigner shall not exceed 03 years and may be extended.

4. Entitlements to decide exit suspension, extend duration of exit suspension, and lift exit suspension

a. Heads of investigation agencies, Heads of Procuracies, Executive Judges of Courts, Chiefs of Judicial Order Enforcement Agencies, Presidents of Competition Settlement Councils, within the ambit of their competence, shall decide exit suspension in the cases mentioned in Point a and Point b Clause 1 mentioned above.
b. Heads of tax authorities shall decide exit suspension in the cases mentioned in Point c Clause 1 mentioned above.
c. The Minister of Public Security shall suspend the foreigners mentioned in Point d Clause 1 mentioned above in the following cases:
- Any foreigner obliged to implement a decision on penalties for administrative violations imposed by a police authority;
- At the request of the Executive Judge of the People’s Supreme Court, Ministers, Heads of ministerial agencies, Presidents of the People’s Committees of provinces.
d. The Minister of Public Security and the Minister of National Defense shall decide suspension of entry in the cases mentioned in Point dd Clause 1 Article 28 of this Law.
e. Any person competent to decide suspension of exit is also entitled to extend the suspension period, lift such suspension, and take responsibility for his/her decision.
Any person that decides a suspension of exit must lift if right after the reasons for suspension no longer exist.
f. The decision on suspension of exit, extension of suspension period, or lift of suspension must be promptly sent to the immigration authority and the suspended person.
g. After receiving the decision on suspension of exit, extension of suspension period, or lift of suspension the immigration authority shall implement it.

Source: Law No.47/2014/qh13 dated June 16th, 2014 on entry, exit, transit, and residence of foreigners in Vietnam.

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