The temporary suspension of exit for foreigners involved in civil disputes in Vietnam is an important issue in legal management and law enforcement. This regulation aims to ensure that legal obligations related to the dispute are fully and timely carried out, while also protecting the legitimate rights of the parties involved. This article will provide an overview of the legal provisions regarding the temporary suspension of exit, along with the legal basis and procedures for implementation.

I. Circumstances for Temporary Suspension of Exit and Time Limits

The temporary suspension of exit is applied in various cases to ensure the enforcement of legal obligations of foreigners. Specific circumstances include:

1. Being a Defendant, Accused, or Having Related Obligations

If a foreigner is a defendant or accused in a criminal case or is a respondent or defendant in a civil, commercial, labor, administrative, or family matter, they may be temporarily suspended from exiting the country. This regulation ensures that foreigners cannot leave Vietnam when they are still involved in a legal case.

2. Failure to Complete Tax Obligations

Foreigners who have not fulfilled their tax obligations under the law may also be subject to a temporary suspension of exit. This measure ensures that their financial obligations are settled before leaving the country.

3. Having an Obligation to Comply with a Court Decision

If a foreigner is under an obligation to comply with a judgment or decision of a court, a decision of the Competition Council, or a decision of an administrative penalty, the temporary suspension of exit will be applied to ensure compliance with these obligations.

3. National Defense and Security Reasons

In some cases related to national defense and security, foreigners may also be temporarily suspended from exiting the country to ensure national security and public order.

The time limit for the temporary suspension of exit shall not exceed 3 years, but this period may be extended depending on the specific situation and the request of the competent authority.

II. Competent Authorities for Deciding on the Temporary Suspension of Exit

The competence to decide on the temporary suspension of exit is clearly divided according to each specific case:

1. Investigative Agencies, Procuracy, and Courts

The head of the investigative agency, the Chief Prosecutor, the Chief Judge of the court, the head of the enforcement agency, and the Chairman of the Competition Council have the authority to decide on the temporary suspension of exit in criminal cases, civil cases, or enforcement obligations.

2. Tax Authorities

The head of the tax authority has the competence to decide on the temporary suspension of exit for foreigners who have not completed their tax obligations. This ensures that their tax obligations are settled before they leave Vietnam.

3. Minister of Public Security

The Minister of Public Security has the authority to decide on the temporary suspension of exit for foreigners in the following cases:

• They are under an obligation to comply with an administrative penalty decision of the Police.
• Upon the request of the Chief Justice of the Supreme People’s Court, the Minister, Head of a Ministry-level agency, or the Chairman of a provincial or city People’s Committee.

4. Minister of National Defense

The Minister of National Defense, together with the Minister of Public Security, has the authority to decide on the temporary suspension of exit for reasons related to national defense and security. This decision ensures that national security requirements are fully met.

III. Powers and Responsibilities of the Competent Authorities

The competent authority that decides on the temporary suspension of exit not only has the right to extend or lift the suspension but is also responsible before the law for their decision. They must ensure that decisions are made in accordance with legal provisions and the facts of each case. In addition, those with authority are also responsible for lifting the suspension of exit when the conditions for suspension are no longer applicable. This ensures that the legitimate rights of foreigners are protected and that they can leave Vietnam once their legal obligations have been resolved.

IV. Procedure for Temporary Suspension of Exit

The procedure for the temporary suspension of exit follows several basic steps. First, the competent authority will issue a request for the temporary suspension of exit for a foreigner if there is a basis to believe that their exit would affect the fulfillment of legal obligations related to the civil dispute. This request is usually made by the court, the procuracy, or the competent investigative authority. After the request, the immigration management agency will consider and make a decision to temporarily suspend the exit. This decision must be communicated to the affected foreigner, along with the reason and duration of the suspension. During the suspension period, the foreigner must comply with the legal provisions and cooperate with the authorities to resolve the case.

Foreigners have the right to request a review of the temporary suspension decision if they have grounds to believe the decision is no longer appropriate or if the case has been fully resolved. The review decision will be based on current legal regulations and the specific situation of the case.

V. Practice and Impact of the Regulations

The regulations on the temporary suspension of exit significantly impact the enforcement of law in civil disputes involving foreigners. The application of this measure ensures that the legal obligations related to the dispute are fully enforced, while also protecting the rights of the involved parties.

In practice, the temporary suspension of exit for foreigners may face some challenges, including ensuring the legitimate rights of foreigners and effective coordination among the competent authorities. To ensure fairness and transparency in applying this regulation, authorities need to strictly follow legal provisions and implement all necessary steps in the suspension process.

The regulation on the temporary suspension of exit for foreigners involved in civil disputes in Vietnam plays an important role in ensuring the enforcement of legal obligations and protecting the rights of the involved parties. The current legal documents provide a solid legal foundation for the implementation of this measure, and the process must be carried out rigorously and fairly. To ensure the effective application of this regulation, authorities need to continue improving management and coordination to resolve disputes swiftly and effectively.

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