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Article 36. Persons whose exit is postponed

Article 36. Persons whose exit is postponed

  1. The accused and defendants; persons denounced or proposed to be subject to initiation of criminal proceedings who, through inspection and verification, are suspected to have committed a crime and it is necessary to immediately prevent them from absconding or destroying evidences in accordance with the Criminal Procedure Code.
  2. Persons entitled to postponement of serving of their imprisonment sentences, persons entitled to suspension from serving of their imprisonment sentences, persons entitled to conditional early release during the probation period, persons entitled to suspended sentence during the probation period, and persons serving their non-custodial reform penalty during their sentence-serving period in accordance with the Law on Execution of Criminal Judgments.
  3. Obligors defined in the civil procedure law, if there are grounds to believe that the settlement of criminal cases relating to their obligations toward the State or agencies, organizations or individuals and their exit might affect the settlement of such criminal cases or affect the interests of the State or lawful rights and interests of such agencies, organizations or individuals, or to secure judgment execution.
  4. Civil judgment debtors, and at-law representatives of agencies or organizations obliged to execute judgments or rulings in accordance with the law on execution of civil judgments whose exit is believed to affect the interests of the State or lawful rights and interests of agencies, organizations or individuals, or to secure judgment enforcement.
  5. Taxpayers, at-law representatives of enterprises coerced to execute administrative decisions on tax administration, Vietnamese leaving the country for overseas residence, and overseas Vietnamese who, before their exit, have not yet fulfilled the tax obligation as prescribed by the law on tax administration.
  6. Persons coerced and representatives of organizations coerced to execute administrative sanctioning decisions, provided it is necessary to immediately prevent them from absconding.
  7. Persons subject to inspection, examination or verification who are believed to have committed particularly serious violations, provided it is necessary to immediately prevent them from absconding.
  8. Persons affected by a spread or infectious dangerous disease, provided it is necessary to immediately prevent its spreading or infection in the community, unless their entry is permitted by foreign authorities.
  9. Persons whose exit is believed by a functional authority to affect national defense and security.