Nghị định 73/2020/NĐ-CP quy định về việc kiểm soát xuất nhập cảnh đối với người đi trên phương tiện quốc phòng, an ninh ra, vào lãnh thổ Việt Nam để thực hiện nhiệm vụ quốc phòng, an ninh

DECREE

IMMIGRATION CONTROL OF PERSONS ENTERING OR EXITING VIETNAM TERRITORY ON NATIONAL DEFENSE AND SECURITY TRANSPORT FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Pursuant to Law on Government Organization dated June 19, 2015;

Pursuant to Law on Entry and Exit of Vietnamese Nationals dated November 22, 2019;

At the request of the Minister of Public Security;

The Government promulgates Decree on immigration control of persons entering or exiting Vietnam territory on national defense and security transport for national defense and security purposes.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes immigration of individuals entering and exiting Vietnam territory on Vietnamese national defense and security transport to participate in combat trainings, drills; evacuation, rescue; pursue legal offenders and execute other national defense and security tasks.

Article 2. Regulated entities

This Decree applies to:

1. Officers, professional servicemen, non-commissioned officers, soldiers, national defense officials, national defense employees, national defense public employees; individuals working in agencies and organizations affiliated to the Government Cipher Committee; contract workers working in agencies and entities affiliated to Ministry of National Defense; reserve forces during training, drill, stand-by for mobilization and combat periods; militia and self-defense forces cooperating with the military in combat, serving combat and during training period; citizens summoned for military service; officers, non-commissioned officers, soldiers and workers of People’s Public Security (hereinafter collectively referred to as “officers and soldiers”);

2. Other relevant agencies, organizations and individuals.

Article 3. Term interpretation

In this Decree, terms below are construed as follows:

1. “National defense and security transport” refers to specialized vehicles used by Ministry of National Defense and Ministry of Public Security or non-specialized vehicles requisitioned by competent authorities according to regulations and law on asset requisition to transport officers and soldiers into and out of Vietnam territory for national defense and security tasks.

2. “Presiding entity” refers to an agency or entity affiliated to Ministry of National Defense or Ministry of Public Security permitted by competent authority to carry officers and soldiers by national defense and security transport into and out of Vietnam territory for national defense and security tasks.

3. “An emergency” refers to a situation in which entering and exiting Vietnam territory must be made in the fastest time possible according to task requirements of passengers of national defense and security transport and proper adoption of immigration procedures will greatly hinder accomplishment of the tasks.

Article 4. Principles of immigration control of persons entering or exiting Vietnam territory on national defense and security transport for national defense and security purposes

1. Entry and exit control must conform to regulations and law on immigration and must be secured, rapid, timely and accurate.

2. Transport carrying officers and soldiers into and out of Vietnam territory for national defense and security purposes must comply with Vietnamese regulations and law on immigration via airway, waterway, road, railway and relevant international agreements to which the Socialist Republic of Vietnam is a signatory.

3. In case of emergency in which immigration control procedures cannot be adopted immediately, presiding entities are responsible for cooperating with immigration control entities in completing immigration procedures within 48 hours from the point in which passengers of national defense and security transport enter or exit Vietnam territory for national defense and security purposes.

Chapter II

SPECIFIC PROVISIONS

Article 5. Immigration control for passengers of national defense and security entering and exiting Vietnam territory to participate in combat training and drills

1. Presiding entities must inform superior of immigration control entities (Border Guard High Command, Immigration Management Department) in writing plans, time, location, transport number, list and immigration documents of passengers of vehicles entering and exiting Vietnam territory to implement national defense and security tasks approved by competent authorities for implementation at least 48 hours before exit.

2. Immigration control entities are tasked with:

a) Receiving and examining legitimacy of documents specified in Clause 1 of this Article;

b) Input information, examine and compare individuals under the lists with national database on immigration of Vietnamese nationals, if individuals ineligible for exit, inform the presiding entities immediately for replacement;

c) Cooperating with presiding entities in supervising, checking attendance of individuals making exit and entry;

d) Examining immigration documents of passengers on vehicles participating in combat training and drills;

dd) In case of immigration made via automatic security barriers at border checkpoints, immigration control shall comply with regulations of law on immigration control by automatic security barriers;

e) In case passengers are not included in the list, make records with commanders of the vehicles and inform presiding entities promptly for joint solution.

Article 6. Immigration control for passengers of national defense and security entering and exiting Vietnam territory to rescue and pursue offenders

1. Immigration control for passengers of national defense and security entering and exiting Vietnam territory to rescue and pursue offenders shall follow procedures specified in Clauses 1 and 2 Article 5 of this Decree.

2. In case of emergency in which passengers of national defense and security entering or exiting Vietnam territory to rescue or pursue offenders cannot adopt immigration procedures immediately, proceed as follows:

a) Presiding entities are responsible for:

Informing immigration control entities with details specified in Clause 1 Article 5 of this Decree within 48 hours after passengers of national defense and security transport entering or exiting Vietnam territory for national defense and security tasks.

b) Immigration control entities are responsible for completing immigration control procedures and communicating with the presiding entities regarding issues related to immigration control.

Article 7. Immigration control of persons entering or exiting Vietnam territory on national defense and security transport for other national defense and security tasks

1. In case passengers of national defense and security transport enter or exit Vietnam territory to implement other national defense and security tasks, immigration control shall follow procedures specified in Clauses 1 and 2 Article 5 of this Decree.

2. In case of emergency, immigration control shall follow procedures specified in Clause 2 Article 6 of this Decree.

Article 8. Entitlement to decide immigration control of persons entering or exiting Vietnam territory on national defense and security transport for national defense and security purposes during an emergency

1. Minister of National Defense shall decide to permit passengers of national defense and security transports affiliated to Ministry of National Defense to be subject to emergency immigration control.

2. Minister of Public Security shall decide to permit passengers of national defense and security transports affiliated to Ministry of Public Security to be subject to emergency immigration control.

Chapter III

IMPLEMENTATION

Article 9. Entry into force

This Decree comes into force from July 1, 2020.

Article 10. Responsibility for implementation

1. Ministry of Public Security shall take charge and cooperate with Ministry of National Defense in organizing implementation of this Decree.

2. Related ministers, heads of ministerial agencies, heads of Governmental agencies, Chairman of the Provincial People’s Committee, authorities, organizations, individuals are responsible for the implementation of this Decree./.

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