Follow this article to learn how to check whether you are prohibited from leaving the country and how long the exit ban lasts according to the law.
“Exit ban” is another way of referring to the case of temporary suspension of exit under the Law on Exit and Entry of Vietnamese Citizens No. 49/2019/QH14.
To check whether you are banned from leaving the country, you can directly contact the Immigration Management Authority or look up the information on the official website or notices issued by competent authorities.
Lookup on the General Department of Customs Website
You can check if you are banned from leaving the country at the General Department of Customs website:
https://www.customs.gov.vn/index.jsp?pageId=8&cid=1294&LoaiVanBan=16&LinhVuc=541
According to Article 36 of the Law on Exit and Entry of Vietnamese Citizens, the cases subject to temporary exit suspension include:
Defendants, accused persons; individuals who have been reported or recommended for prosecution, and upon inspection and verification, there are grounds to determine that the person is suspected of committing a crime and immediate prevention is needed to stop them from fleeing or destroying evidence under the Criminal Procedure Code.
Persons granted postponement of serving prison sentences; persons granted temporary suspension of serving prison sentences; persons conditionally released before the end of their prison term during the probation period; persons given suspended sentences during the probation period; and persons serving non-custodial reform sentences during the execution period under the Law on Enforcement of Criminal Judgments.
Persons with obligations under the Civil Procedure Law if there are grounds to show that the resolution of a case is related to their obligations toward the State, agencies, organizations, or individuals, and their exit may affect the resolution of the case, the interests of the State, and the lawful rights and interests of agencies, organizations, or individuals, or to ensure enforcement of judgments.
Persons obliged to execute civil judgments; legal representatives of agencies or organizations obliged to execute judgments, if there are grounds to show that their exit may affect the interests of the State, or the lawful rights and interests of agencies, organizations, or individuals, or to ensure enforcement of judgments.
Taxpayers, legal representatives of enterprises subject to enforcement of administrative decisions on tax management; Vietnamese citizens exiting for permanent settlement abroad; overseas Vietnamese who have not yet fulfilled tax obligations before exit as prescribed by the Law on Tax Administration.
Persons subject to enforcement measures, or representatives of organizations under enforcement of administrative penalty decisions, where immediate prevention is necessary to stop them from fleeing.
Persons under inspection, verification, or investigation with sufficient grounds to determine that they have committed particularly serious violations, and immediate prevention is required to stop them from fleeing.
Persons infected with dangerous contagious diseases where immediate prevention is required to avoid the spread of the disease to the community, unless the foreign country permits their entry.
Persons whose exit is deemed by competent authorities to affect national defense or security.
If you fall under one of the above cases subject to temporary exit suspension, the competent authority will send you a written notice of the exit ban.
3. How long is the travel ban period?
The duration of a temporary exit suspension and the extension of such suspension are stipulated in Article 28 of the Law on Exit and Entry of Vietnamese Citizens as follows:
Case |
Duration of Exit Suspension |
Defendants, the accused; persons denounced or recommended for prosecution who, upon verification, are found to have grounds indicating suspicion of committing a crime and whose immediate prevention from fleeing or destroying evidence is deemed necessary under the Criminal Procedure Code.
|
In accordance with the provisions of the Criminal Procedure Code. |
- Persons granted postponement of serving prison sentences, persons temporarily suspended from serving prison sentences, persons conditionally released before completing their prison terms during the probation period, persons serving suspended sentences during probation, and persons serving non-custodial reform sentences during their sentence term in accordance with the Law on Enforcement of Criminal Judgments. - Persons with obligations under the provisions of civil procedure law, if there are grounds to show that settlement of the case is related to their obligations toward the State, agencies, organizations, or individuals, and their exit would affect the resolution of the case, the interests of the State, or the lawful rights and interests of agencies, organizations, or individuals, or to ensure enforcement of the judgment. - Persons subject to civil judgment enforcement, or the legal representatives of agencies or organizations obligated to execute judgments or decisions, if there are grounds to show that their exit would affect the interests of the State, or the lawful rights and interests of agencies, organizations, or individuals, or to ensure enforcement of the judgment. - Taxpayers, legal representatives of enterprises subject to enforcement of administrative decisions on tax management, Vietnamese citizens exiting for permanent residence abroad, and overseas Vietnamese who, before leaving, have not fulfilled their tax obligations under the law on tax administration. - Persons subject to enforcement, or representatives of organizations subject to enforcement of administrative penalty decisions, where immediate prevention of their escape is deemed necessary. |
The duration of the exit suspension ends when the violator or obligated person has fulfilled the judgment or decision of the competent authority. |
Individuals under inspection, examination, or verification, where sufficient grounds exist to determine that they have committed a particularly serious violation and it is deemed necessary to immediately prevent them from fleeing. |
The duration of the exit suspension shall not exceed 01 year and may be extended, with each extension not exceeding 01 year. |
Individuals suffering from dangerous, contagious diseases and where it is deemed necessary to immediately prevent them from leaving to avoid spreading such diseases to the community, except in cases where the host country permits their entry. |
The duration of the exit suspension shall not exceed 06 months and may be extended, with each extension not exceeding 06 months. |
Individuals for whom competent authorities have grounds to believe that their departure from the country would affect national defense or security. |
The duration of the exit suspension shall last until such time as their departure is no longer deemed to affect national defense or security, as determined by the Minister of National Defense or the Minister of Public Security. |
In cases where an exit suspension has been imposed, if it is neither revoked nor extended, the suspension shall automatically be lifted upon the expiration of the prescribed period.
The above provides information on how to check whether you are subject to an exit ban.