Regulations on Exit Bans for Obligors
Exit bans against persons having obligations shall be applied where there are grounds to believe that the resolution of the case relates to their obligations towards the State, agencies, organizations, or other individuals, and their departure from Viet Nam may adversely 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 judgments.
1. The provisional urgent measure of exit ban shall be applied where both of the following conditions are satisfied:
a) The person subject to the exit ban is a litigant against whom another litigant has requested the Court to compel the performance of an obligation;
b) Their departure would affect the resolution of the case, the interests of the State, the lawful rights and interests of agencies, organizations, or individuals, or the enforcement of judgments.
Example: The Court is hearing a case in which Mr. A sues Mr. B, claiming damages of VND 10 billion. Mr. B has neither a representative nor assets in Viet Nam. As Mr. B is completing exit procedures, Mr. A requests the Court to apply a provisional urgent measure prohibiting Mr. B from leaving the country.
2. For foreigners, the Court shall not apply the provisional urgent measure of exit ban. Instead, measures of temporary suspension of exit, extension of temporary suspension of exit, or cancellation of temporary suspension of exit shall be applied in accordance with Articles 28 and 29 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Viet Nam.
Specific provisions:
Cases subject to temporary suspension of exit and duration of suspension
1. A foreigner may be subject to temporary suspension of exit in any of the following cases:
a) Being an accused, defendant, or person with related obligations in a criminal case; or being a defendant, respondent, or person with related obligations in a civil, commercial, labor, administrative, or family case;
b) Having obligations to comply with judgments or decisions of the Court or decisions of the Competition Council;
c) Having outstanding tax obligations;
d) Having obligations to comply with administrative sanctioning decisions;
đ) For reasons of national defense or security.
2. The above provisions shall not apply to persons serving prison sentences who are escorted abroad to provide testimony pursuant to Article 25 of the Law on Mutual Legal Assistance.
3. The period of temporary suspension of exit shall not exceed three (03) years and may be extended.
Competence to decide on temporary suspension of exit, extension, and cancellation
1. Heads of investigation bodies, Chief Procurators, Chief Justices of Courts, Heads of judgment enforcement agencies, and Chairpersons of the Competition Council, within their competence, may decide on temporary suspension of exit for cases specified in Points a and b, Clause 1, Article 28 of this Law.
2. Heads of tax administration authorities may decide on temporary suspension of exit for cases specified in Point c, Clause 1, Article 28.
3. The Minister of Public Security may decide on temporary suspension of exit for foreigners specified in Point d, Clause 1, Article 28 in the following cases:
a) Having obligations to comply with administrative sanctioning decisions of public security authorities;
b) At the request of the Chief Justice of the Supreme People’s Court, Ministers, Heads of ministerial-level agencies, or Chairpersons of provincial-level People’s Committees.
4. The Minister of Public Security and the Minister of National Defense may decide on temporary suspension of exit for cases specified in Point đ, Clause 1, Article 28.
5. Persons competent to decide on temporary suspension of exit shall also have competence to extend or cancel the suspension and shall bear responsibility before law for their decisions. They must promptly cancel such suspension once the grounds therefor no longer exist.
6. Decisions on temporary suspension of exit, extension, or cancellation thereof shall be immediately sent to the immigration authority and notified to the person subject to the suspension.
7. Upon receipt of such decisions, the immigration authority shall be responsible for their implementation.
Legal grounds:
- Article 128, Civil Procedure Code 2015;
- Article 9, Resolution No. 02/2020/NQ-HĐTP guiding the application of provisional urgent measures under the Civil Procedure Code;
- Articles 28 and 29, Law on Entry, Exit, Transit, and Residence of Foreigners in Viet Nam;
- Circular No. 79/2020/TT-BCA guiding temporary suspension of exit and entry refusal.
