Chương I Luật xuất cảnh, nhập cảnh của công dân Việt Nam 2019: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law prescribe entry and exit of Vietnamese citizens; responsibilities of immigration regulatory agencies and relevant agencies, organizations and individuals.

Article 2. Term interpretation

In this Law, terms below are construed as follows:

1. “Exit” refers to activity of Vietnamese citizens leaving Vietnam territory via border checkpoints of Vietnam.

2. “Entry” refers to activity of Vietnamese citizens entering into Vietnam territory via border checkpoints of Vietnam from foreign countries.

3. “Passports” are documents owned by the Government and issued by competent authorities of Vietnam to Vietnamese citizens to make entry, exit and prove nationality and personal record.

4. “Passport containing electronic chips” refers to a passport embedded with electronic equipment storing encoded information of its holder and digital signature of issuing body.

5. “Laissez-passers” refer to documents issued by competent authorities of Vietnam to Vietnamese citizens to enable travel across borders according to international agreements between Vietnam and countries sharing borders.

6. “Entry and exit control” refers to examination, inspection and verification of persons and papers of entry and exit as specified in this Law.

7. “Exit suspension” refers to suspension or restriction from making exit for a definite period of Vietnamese citizens.

8. “National database for entry and exit of Vietnamese citizens” refers to collection of information of Vietnamese citizens relating to entry and exit that is digitalized, stored, managed and extracted by information infrastructure.

Article 3. Principles of entry and exit

1. Comply with Constitution, regulations and law of Vietnam and relevant international agreements to which Vietnam is a signatory.

2. Ensure openness, transparency and advantages for Vietnamese citizens; stringency and consolidation in managing entry and exit of Vietnamese citizens.

3. Ensure national security, social order and safety; protect legal rights and interests of Vietnamese citizens in entry and exit activities.

4 . Detect and take actions promptly and stringently as per the law against all violations regarding entry and exit of agencies, organizations and individuals.

Article 4. Prohibited acts

1. Provide on purpose false information to be issued, extended or restored or false information relating to loss of entry and exit documents.

2. Fabricate or use fabricated entry and exit documents to make entry or exit, or travel or reside in foreign countries.

3. 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.

4. Use entry and exit documents against regulations and law negatively impacting trustworthiness or damaging interests of Government.

5. Take advantage of entry and exit to violate national security, social security and order of Vietnam, legal rights and interests of agencies and organizations, or lives, health, legal rights and interests of individuals

6. Make entry or exit illegally; organize, arrange, assist, conceal, harbor or enable others to illegally make entry or exit; cross national borders without following procedures as per the law.

7. Obstruct or interfere with law enforcers in issuing entry or exit documents or controlling entry or exit activities.

8. Corrupt, bother or require additional documents, fees and charges, prolong period of dealing with procedures for entry and exit; obstruct citizens exercising rights and obligations as specified in this Law.

9. Issue entry or exit documents ultra vires or for wrong subjects; fail to deter within one’s competence violations against regulations and law on entry and exit of Vietnamese citizens.

10. Destroy, falsify and leak information in National database for entry and exit of Vietnamese citizens; extract information on the national database for entry and exit of Vietnamese citizen against violations and law.

11. Appropriate or reject to issue entry and exit documents, suspend entry and exit or deal with entry and exit against regulations and law.

Article 5. Rights and obligations of Vietnamese citizens

1. A Vietnamese citizen shall hold following rights:

a) Be issued with entry and exit documents as specified in this Law;

b) Choose issuance of a passport containing electronic chips or a passport without electronic chips with respect to persons from 14 years of age;

c) Make entry and exit according to this Law;

d) Ensure privacy of personal and family information on the National database for entry and exit of Vietnamese citizens, except for cases in which provision of information and documents is required by regulations and law;

dd) Request information on entry and exit of himself/herself; request update or revision of information on the National database for entry and exit of Vietnamese citizens and his/her entry and exit documents to ensure adequacy and accuracy;

e) Use his/her passport to perform trade or other procedures as per the law;

g) Complain, accuse, file lawsuits and request compensation as per the law.

2. A Vietnamese citizen shall hold following obligations:

a) Comply with regulations and law of Vietnam regarding entry and exit of Vietnamese citizens and law of country of destination when travelling abroad;

b) Adopt procedures for requesting issuance of entry and permit documents, extension of passports and restoration of passport uses as specified in this Law;

c) Use entry and exit documents issued by competent agencies of Vietnam to make entry and exit;

d) Comply with commands of competent agencies and individuals in inspecting physically, luggage and entry and exit documents during entry and exit procedures;

dd) Submit fees for issuance of entry and exit documents as per the law.

3. Incapacitated persons, persons having limited recognition or behavioral control as specified in Civil Code and persons under 14 years of age shall exercise their rights and obligations as specified in this Law via their legal representatives.