I. Regarding the ban on exit of Vietnamese citizens
According to the Law Entry and Exit of Vietnamese Citizens 2019, “exit” is the act of Vietnamese citizens leaving Vietnamese territory through Vietnam’s border gates.
From the above definition, exit ban can be understood as a Vietnamese citizen not being allowed to leave the territory of Vietnam. However, the current Law Entry and Exit of Vietnamese Citizens does not stipulate the concept of “exit ban” but only the concept of “exit suspension”.
In particular, exit suspension is a temporary prohibition of exit for Vietnamese citizens.
This can be understood that every citizen has the right to freedom of movement, the right to leave and return to the country and these rights cannot be taken away, therefore these rights are only temporarily limited if there are cases prescribed by law.
II. Cases of exit suspension and remedies
Pursuant to Article 36 and Article 38 of the Law Entry and Exit of Vietnamese Citizens 2019, Vietnamese citizens will have their exit suspended in the following cases and 03 groups of remedies:
+ Accused, defendant; a person who is accused or a person who is recommended to be prosecuted, but through inspection and verification, there are grounds to determine that he or she is suspected of committing a crime and it is deemed necessary to immediately prevent that person from hiding or destroying evidence.
In this case, the exit suspension period shall comply with the provisions of the Criminal Procedure Code.
+ People whose prison sentences are postponed, people whose prison sentences are temporarily suspended, and people who are released from prison ahead of time with conditions during the probation period.
+ People with civil obligations related to the State, agencies, organizations, and individuals and their departure from abroad affects the resolution of cases and the interests of the above subjects.
+ Civil judgment debtors and legal representatives of agencies and organizations that are obliged to execute judgments if there are grounds to show that their departure from abroad affects the interests of related entities. authorities or to ensure the execution of judgments.
+ People who have not fulfilled their tax obligations according to the provisions of law on tax administration.
+ The person being forced, the representative of the organization being forced to execute the decision to sanction administrative violations.
If falling into the above cases, the exit suspension period ends when the violator and the person with the obligation have completed serving the sentence or decision of the competent agency or person according to the provisions of this Law.
+ The person being inspected, examined, and verified has sufficient grounds to determine that he or she has committed a particularly serious violation and it is deemed necessary to immediately prevent that person from escaping.
In this case, the exit suspension period shall not exceed 01 year.
+ People who are suffering from dangerous and contagious diseases.
In this case, the exit suspension period must not exceed 6 months or if entry is permitted by the country from which the person departs.
+ People whose departure from the country has grounds to believe affects national defense and security.
In this case, the exit suspension period is calculated until it no longer affects national defense and security according to the decision of the Minister of National Defense and the Minister of Public Security.
After the suspension period expires and is not extended, according to Clause 2, Article 39 of this Law, the competent authority will issue a decision to cancel the exit suspension.
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