What are the restrictions for people whose exit is suspended?

Information about suspending exit for Chairman of the Board of Directors of FLC Group JSC Trinh Van Quyet of public interest.

To better understand the process, procedures and issues related to restrictions on activities when exiting the country, PV VietNamNet discussed with lawyer Nguyen Thanh Hai, Hanoi Bar Association.

According to Mr. Hai, the temporary suspension of exit is based on the following laws: Article 124 of the 2015 Criminal Procedure Code; Law on Exit and Entry of Vietnamese Citizens 2019, Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, amended and supplemented in 2019.

Delayed exit cases include two groups of foreigners in Vietnam and Vietnamese citizens.

For Vietnamese citizens, cases of temporary suspension of exit include: Defendant, defendant; the denounced person, the person proposed for prosecution, but through examination and verification there are grounds to determine that such person is suspected of committing a crime and considers it necessary to immediately prevent such person from hiding or destroying evidences according to regulations. of the Criminal Procedure Code.

Notably, those who have obligations under the civil procedure law, if there are grounds to show that the settlement of the case is related to their obligations to the State, agencies, organizations, individuals and their exit affects the settlement of the case, the interests of the State, the lawful rights and interests of agencies, organizations and individuals or to ensure the judgment enforcement.

Lawyer Nguyen Thanh Hai. Photo: HN

“In addition, the person subject to inspection, examination and verification has enough grounds to determine that such person’s violation is particularly serious and deems it necessary to immediately prevent such person’s escape. Person for whom the competent authority has grounds for that their exit affects national defense and security”, lawyer Nguyen Thanh Hai added.

Regarding the order and procedures for suspending exit for Vietnamese citizens, Mr. Hai said, first, the person competent to decide to suspend exit is responsible for sending a document according to the form to the Management Authority of Vietnam. Immigration Department of the Ministry of Public Security, and immediately notify in writing the person whose exit is suspended (except for the case specified in Clause 9, Article 36 of this Law).

During the period of suspension of exit, when there are enough grounds to cancel the decision to suspend exit, the competent person specified in Article 37 of this Law shall send a written cancellation of the decision to suspend exit according to the form made to the agency. Immigration Department of the Ministry of Public Security, and immediately notify in writing according to the form to the person whose exit has been suspended.

The Immigration Department of the Ministry of Public Security is responsible for organizing the immediate implementation of the exit suspension, extension or cancellation of exit suspension after receiving the decision of the competent person.

According to lawyer Hai, when there is a decision to suspend immigration, the person who is temporarily suspended will be restricted from entry and exit activities, in addition, for each case of temporary suspension, the person who is temporarily suspended will have to comply with the provisions of law. relevant laws. For example, if the person who is suspended is the accused, the defendant, the person who is suspended must also comply with the provisions of the current criminal procedure code.

Doan Bong