Nghị định 142/2021/NĐ-CP xử phạt trục xuất áp giải người vi phạm theo thủ tục hành chính

DECREE

ON DEPORTATION, TEMPORARY DETENTION, ESCORT OF VIOLATORS UNDER ADMINISTRATIVE REGULATIONS AND MANAGEMENT OF FOREIGNERS VIOLATING VIETNAMESE LAW WHILST DEPORTATION IS IN PROGRESS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Law on Domestic Violence Prevention and Control dated November 21, 2007;

Pursuant to the Law on Entry, Exit and Residence of Foreigners in Vietnam dated; the Law on amendments to the Law on Entry, Exit and Residence of Foreigners in Vietnam dated November 25, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law on amendments to the Law on Handling of Administrative Violations dated November 13, 2020;

At the proposal of the Minister of Public Security;

The Government promulgates a Decree on deportation, temporary detention, escort of violators under administrative regulations and management of foreigners violating Vietnamese law whilst deportation is in progress.

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GENERAL PROVISIONS

Article 1. Scope

This Decree set forth:

1. Regulated entities, procedures for imposition of deportation; rights and obligations of deportees; management of foreigners violating Vietnamese law whilst deportation is in the progress and responsibilities of relevant bodies in enforcement of deportation.

2. Regulated entities, procedures for temporary detention, escort of violators under administrative procedures; applicable cases of temporary detention, escort of violators under administrative procedures; rights and obligations of detainees, escortees under administrative procedures.

3. Other regulations relevant to imposition of deportation and temporary detention, escort of violators under administrative procedures.

Article 2. Regulated entities

This Decree applies to:

1. Administrative law violators who have been temporarily detained under administrative procedures as prescribed in Article 16 of this Decree.

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3. Foreigners who violate Vietnamese law that must be deported under Article 27 of the Law on handling administrative violations.

4. Persons who have authority to impose deportation under Article 39 of the Law on handling administrative violations; persons who have authority to impose temporary detention under Article 123 of the Law on handling administrative violations; persons on duty to escort violators under clause 2 Article 124 of the Law on handling administrative violations.

5. Agencies and bodies relevant to imposition of deportation, temporary detention, escort of violators under administrative regulations and management of foreigners violating Vietnamese law while deportation is in progress.

Article 3. Rules for imposition

1. The imposition of temporary detention under administrative procedures and deportation must follow the given rules, be made on statutory entities, with proper procedures, authority and time limit as prescribed in the Law on handling administrative violations, this Decree and other regulations of relevant laws.

2. It is prohibited to infringe the life, health, honor, dignity, and property of detainees, escortees and deportees.

3. The temporary detention, escort of violators under administrative procedures, and deportation shall be imposed in accordance with Articles 122, Article 124 of the Law on Handling administrative violations.

Article 4. Funding

1. Funding for imposition of deportation and temporary detention, escort of violators under administrative procedures shall cover the following:

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b) Expenses for the purchase of tools, means, weapons, combat gear and other things in service of the temporary detention and escort of violators under administrative procedures;

c) Expenses for food, drink, medical examination and treatment for detainees, expenses for funeral arrangements when the detainee or escortee dies while being held in temporary detention or escorted, for cases they themselves or their families are unable to pay for the expenses;

d) Other expenses for the temporary detention under administrative procedures;

dd) Make a dossier to request the imposition of deportation, manage foreigners while deportation is in progress procedures, track down the absconded deportees and execute the deportation decisions.

2. Funding for imposition of deportation and temporary detention, escort of violators under administrative procedures shall be allocated by the state budget. The formulation, enactment and settlement of the funding from the state budget shall comply with the Law on State Budget and its guiding documents.

Chapter II

ON DEPORTATION AND MANAGEMENT OF FOREIGNERS VIOLATING VIETNAMESE LAW WHILE DEPORTATION IS IN PROGRESS

Article 5. Subjects of deportation (deportees)

Individuals being foreigners who commit administrative violations within the territory, contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; on board an aircraft bearing Vietnamese nationality or a seagoing vessel flying the Vietnamese flag, depending on the seriousness of the violation, shall face the penalty of deportation as prescribed in Article 27 of the Law on Handling of Administrative Violations.

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Agencies or persons having authority to impose the deportation shall comply with Point dd Clause 5 and Clause 7 Article 39 of the Law on Handling of Administrative Violations.

Article 7. Rights and obligations of the deportee

1. Rights of the deportee:

a) Know the reason for the deportation, receive the deportation decision at least 48 hours before the execution;

b) Require an interpreter when working with a competent agency or person;

c) Receive statutory benefits as prescribed in Decree No. 65/2020/ND-CP dated June 10, 2020 on benefits for people staying at accommodation establishments during the waiting period for exit;

d) Bring their lawful property out of the Vietnamese territory;

dd) Lodge complaints and file whistleblowing reports in accordance with the law on settlement of complaints and whistleblowing reports.

2. Obligations of the deportee:

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b) Present identification papers at the request of immigration authorities;

c) Comply with Vietnamese law and abide by the management of the police whilst deportation in in progress;

d) Quickly fulfill all civil, administrative and economic obligations as prescribed by law (if any);

dd) Complete the necessary procedures to leave the Vietnamese territory.

Article 8. Request for imposition of deportation

1. Within 2 working days, if the violation-identifying agency deems that the foreigner’s illegal act has sufficient grounds for deportation, it must send documents, exhibits and temporary detention facilities (if any) related to the violation to the immigration authority of the provincial-level police station where the foreigner registers his/her permanent residence or temporary residence or where the violation occurs to compile a request for imposition of the deportation.  For violations identified by central agencies or specialized units of the Ministry of Public Security, the violation files shall be sent to the Immigration Department for preparation of requests for imposition of deportation.

2. Within 3 working days from the day on which the violation file is received, the immigration authority of the provincial-level police department and the specialized division of the Immigration Department shall complete the request for imposition of deportation.  The request includes:

a) Summary of background and illegal act of the person proposed to impose the deportation;

b) Administrative offence notice of the person proposed to impose the deportation;

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d) Documents on the administrative penalties applied (for repeated violations or recidivism);

dd) Written request for imposition of deportation.

3. The preparation of a request for imposition of the deportation on the violating foreigner as an additional penalty specified in Clause 2, Article 21 of the Law on Handling of Administrative Violations shall comply with Clauses 1 and 2 of this Article.

Article 9. Decision on imposing deportation

1. Within 2 working days after receiving the written request for imposition of deportation from the immigration authority of the provincial-level police department or the specialized division of the Immigration Department, Director of the provincial-level Public Security, and the Director of the Immigration Department must consider issuing a decision on imposing deportation on the foreigner who commits the administrative violation.  If there are insufficient grounds for imposing deportation, they must immediately notify the agency that identified the violation.

2. The decision on imposing deportation must clearly state the following:

a) Place and date of the decision;

b) Legal grounds for promulgation of the Decision;

c) Administrative offence notice, verification results, written explanations of the person proposed to impose the deportation;

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dd) Full name, date of birth, nationality, occupation, passport number or passport alternative of the deportee;

e) The illegal act of the deportee; aggravating circumstances, extenuating circumstances;

g) Terms of the applicable legal document;

h) Primary penalty, additional penalty(ies), remedial measures (if any);

i) The right to complain or initiate a lawsuit against the decision;

k) Effect of the Decision; the time limit for enforcement of the decision; destination of deportation; the place of enforcement of the decision; compulsory residence of the foreigner whilst deportation in in progress;

l) Full name and signature of the decision maker;

m) The agency responsible for enforcing the decision.

3. The decision on imposing deportation must be sent to the deportee and the Ministry of Foreign Affairs of Vietnam, the consular office, the diplomatic mission of the country of which the deportee is a citizen or country that person last resided before coming to Vietnam before the execution of the deportation as prescribed in Article 84 of the Law on Handling of Administrative Violations.  The decision on deportation must be presented in both Vietnamese and English.

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Article 10. Enforcement of the decision on imposing deportation

1. The police agency and the person competent to impose the deportation shall enforce the decision on imposing deportation; and also be responsible for transferring all relevant dossiers and papers, material evidences and means of administrative violations (if any) to the agency receiving the decision on imposing deportation for enforcement according to the Law on Handling of Administrative Violations.

2. For cases where the deportee deliberately refuses to receive the penalty decision, the competent person shall make a record of the refusal to receive the decision and send it to the Ministry of Foreign Affairs of Vietnam, the consular authority, diplomatic mission of the country of which the deportee is a citizen or the country in which he last resided before coming to Vietnam.

3. Foreign individuals subject to the deportation must abide by the penalty decision as prescribed in Clause 1, Article 73 of the Law on Handling of Administrative Violations 2012.

4. The decision on imposing deportation on the violating foreigner as an additional penalty specified in Clause 2, Article 21 of the Law on Handling of Administrative Violations shall comply with Clauses 1, 2 and 3 of this Article.

Article 11. Postponing the enforcement of the decision on imposing deportation

1. The postponement of the enforcement of the decision on imposition of the deportation shall be effected in the following cases:

a) Having a serious illness, requiring emergency care or for other health reasons that it is impossible to enforce the decision on imposition of the deportation, certified by a hospital or medical examination and treatment establishment at the district level or higher;

b) Must perform civil, administrative and economic obligations as prescribed by law.

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a) At the request of the Director of the provincial-level Public Security Department or the head of the foreigner management unit of the Immigration Department or the head of the professional division of the Immigration Department of the Ministry of Public Security, the Director of the Immigration Department of the Ministry of Public Security shall consider and issue a decision to postpone the enforcement of the decision on imposing the deportation in cases where the decision on deportation is issued by the Director of the Immigration Department of the Ministry of Public Security;

b) At the request of the head of the immigration authority, the Director of the provincial-level Police Department shall consider and issue a decision to postpone the enforcement of the decision on imposition of the deportation in cases where the Director of the provincial-level Police Department is responsible.

3. The postponement of enforcement of the decision on imposing deportation on the violating foreigner as an additional penalty specified in Clause 2, Article 21 of the Law on Handling of Administrative Violations shall comply with Clauses 1, 2 and 3 of this Article.

4. When the grounds for postponement no longer exist, the decision on imposing deportation shall continue to be enforced.

Article 12. Dossier of imposition of the deportation

1. A dossier of imposition of the deportation includes:

a) Decision on imposing deportation;

b) Administrative offence notice;

c) Request for imposition of deportation as per Article 8 of this Decree;

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dd) Papers certifying that other obligations have been fulfilled (if any);

e) Other relevant documents.

2. The immigration authority of the provincial-level Police Department or the specialized division of the Immigration Department of the Ministry of Public Security shall have to compile a dossier of imposition of the deportation as prescribed in Clause 1 of this Article.

3. The dossier on imposing deportation on the violating foreigner as an additional penalty specified in Clause 2, Article 21 of the Law on Handling of Administrative Violations shall comply with Clauses 1, 2 and 4 of this Article.

4. Dossier of enforcement of deportation must be numbered and kept at a competent agency.

Article 13. Management of foreigners violating Vietnamese law while deportation is in progress

1. The head of the specialized division of the Immigration Department, the head of the Immigration Department of the provincial-level Police Department (where the request for deportation is made) proposes to the Director of the Immigration Department or the Director of the provincial-level Public Security Department decide to adopt management measures to foreigners whilst deportation is in progress.

2. Foreigners violating Vietnamese law while deportation is in progress shall be subject to management measures in the following cases:

a) When there are grounds to believe that, if necessary measures are not taken for management, that person will evade or obstruct the enforcement of the decision on imposing deportation;

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3. Measures to manage foreigners who violate Vietnamese law during deportation procedures

a) Restrict the movement of the person under management measure;

b) Designate the place of residence of the person under management measure;

c) Temporarily seize the passport or other identification document in lieu of passport.

4. The imposition of management measure on the foreigner violating Vietnamese law must be clearly stated in the decision on imposition of management measure on foreigners who violate Vietnamese law whilst the deportation procedures are in progress, including the following:

a) Place and date of the decision;

b) Full name and position of the decision maker;

c) Full name, date of birth, nationality, occupation, passport number or passport alternative of the person subject to management measures;

d) Management measures (specify management measures);

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e) Full name and signature of the decision maker;

g) The agency responsible for enforcing the decision.

5. The appointment of a place of residence of the foreigner who violates Vietnamese law whilst the deportation is in progress shall be done as follows:

a) Staying at accommodation establishments managed by the Ministry of Public Security;

b) At another accommodation establishment designated by the Ministry of Public Security.

6. The imposition of the accommodation measure to foreigners who violate Vietnamese law while deportation is in progress at accommodation establishments managed and designated by the Ministry of Public Security shall be implemented in the following cases:

a) Foreigners who violate Vietnamese law whilst deportation is in progress do not have passports or substitutes for passports, have not met sufficient eligibility requirements to carry out the deportation (airfare tickets; visas, passports, passport alternative, etc.);

b) The foreigner has no place of residence or has their stay duration expired;

c) The foreigner violates Clause 2 of this Article or fails to comply with management and supervision measures of the competent agencies;

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dd) The foreigner has an act of running away, preparing to flee or another act that causes difficulties for the enforcement of the deportation decision;

e) The foreigner has an infectious disease prescribed in the law on prevention and control of infectious diseases, medical isolation must be adopted;

g) The foreigner suffers from mental illness or other diseases that cause loss of cognitive ability or behavior control ability;

h) The foreigner voluntarily applies to the accommodation establishment.

7. It is prohibited to use temporary detention houses under administrative procedures, criminal detention houses, detention camps or prisons to manage foreigners who violate Vietnamese law whilst deportation is in progress.

Article 14. Statutory benefits for foreigners violating Vietnamese law while deportation is in progress

1. The statutory benefits for foreigners subject to the deportation while deportation is in progress shall comply with Chapter II of Decree No. 65/2020/ND-CP dated June 10, 2020 on management organization and regimes for people staying at accommodation establishments while waiting for exit.

2. Statutory benefits for persons in stay as prescribed in Decree No. 65/2020/ND-CP dated June 10, 2020 on management and allowances for people staying at accommodation establishments during the waiting period for exit.

a) In case the deportee is unable to pay for expenses, the Immigration Department of the Ministry of Public Security or the provincial-level Public Security Department (where the management dossier is prepared) shall request the diplomatic mission, the consular office of the country of which he is a national or agency, organization or individual that invites the foreigner to enter Vietnam or apply for visa extension for the foreigner to pay.

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Article 15. Responsibilities of the Immigration Department of the Ministry of Public Security

1. Responsibilities of the Immigration Department of the Ministry of Public Security:

a) Make a dossier of enforcement of the decision on imposition of the deportation, including:  The decision on imposing deportation; a copy of the passport or other identification document in lieu of the passport of the deportee; documents certifying that other obligations have been fulfilled (if any); other relevant documents;

b) Send the Decision on imposition of the deportation, the Decision on postponement of the enforcement of the decision on imposing deportation and the Decision on imposition of management measure on the foreigner who violates the law whilst deportation is in progress to Ministry of Foreign Affairs to notify the diplomatic or consular mission of the country of which the person is a national; and also send a copy of the decision to the deportee for enforcement;

c) Collect and receive necessary information and documents for enforcement of the decision on imposing deportation;

d) Coordinate with relevant agencies to ensure the exercise of rights and fulfilment of obligations of the deportee;

dd) Enforce the deportation according to the decision.

2. Responsibilities of the provincial-level police department where the request for the deportation is made:

a) Make a dossier of enforcement of the decision on imposition of deportation;

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c) Hand over the deportee to the immigration authority upon request;

d) Coordinate with the immigration authority in implementing the decision on imposing deportation;

dd) Coordinate with relevant agencies to ensure the exercise of rights and fulfilment of obligations of the deportee.

Chapter III

TEMPORARY DETENTION OF PEOPLE UNDER ADMINISTRATIVE PROCEDURES

Article 16. Temporary detention of people under administrative procedures

The temporary detention of a person under administrative procedures is only imposed in the following cases:

1. It is necessary to immediately prevent and stop acts of disturbing public order and causing injury to others.

2. It is necessary to immediately prevent and stop the act of smuggling and illegally transporting goods across the border.

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4. The person who commits domestic violence violates the no contact order prescribed in the law on domestic violence prevention and control.

5. To determine the level of drug addiction for illegal drug users.

Article 17. Authority to impose temporary detention of people under administrative procedures

In the cases specified in Article 16 of this Decree, the persons competent to impose temporary detention on people under administrative procedures shall comply with Article 123 of the Law on Handling of Administrative Violations.

Article 18. Time limit for temporary detention of people under administrative procedures

1. The time limit for temporary detention of people under administrative procedures shall comply with Clause 3, Article 122 of the Law on Handling of Administrative Violations.

2. The time limit for temporary detention of people under administrative procedures must be specified in the decision on temporary detention of person under administrative procedures by the competent person.

3. The time limit for temporary detention under administrative procedures, for cases of being detained in border areas or remote, mountainous areas or islands, the time limit for temporary detention shall commence from the time the violator is escorted to the place of detention under administrative procedures.

Article 19. Decision on temporary detention of people under administrative procedures

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2. A decision on temporary detention of person under administrative procedures must be made in two copies, one copy shall be handed to the detainee, one copy shall be kept in the detention dossier and must clearly state the following:

a) Decision number; hour, minute, day, month, year of decision;

b) Full name, rank (if any), position, agency of the decision maker;

c) Grounds for issuance of the detention decision, applicable articles and clauses of legal documents; reasons for detention;

d) Full name, date of birth, place of birth, place of permanent residence (or temporary residence), occupation, place of work, study, personal identification number, citizen identity number (or people's identity) of the detainee; full name of the father, mother or guardian of the detainee (if the detainee is a minor);

dd) Nationality, passport number or valid passport alternative (if the detainee is a foreigner);

e) Term of temporary detention (length; commencement time); place of temporary detention;

g) Right to lodge complaints, whistling reports and initiate lawsuits about issuance of the temporary detention decision and enforcement of the temporary detention as prescribed by law;

h) Signature and agency seal of the maker of temporary detention decision.

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4. In all cases, the temporary detention of people under administrative procedures must be enforced with a written decision of a competent person.  The detention of people without a written decision is strictly prohibited.

Article 20. Extension of temporary detention time

1. In case it is necessary to extend the temporary detention time as prescribed in Clause 3, Article 122 of the Law on Handling of Administrative Violations, before the expiration of the time limit for temporary detention according to the administrative procedures stated in the decision, the competent person makes a decision to extend the detention period.

2. The decision to extend the temporary detention period must clearly state the following:

a) Decision number; hour, minute, day, month, year of decision;

b) Full name, rank (if any), position, agency of the decision maker;

c) Grounds for extending the detention time, applicable articles and clauses of legal documents; reasons for detention extension;

d) Full name, date of birth, place of birth, place of permanent residence (or temporary residence), occupation, place of work, study, personal identification number, citizen identity number (or people's identity) of the detainee who has temporary detention time extended; full name of the father, mother or guardian of the detainee who has temporary detention time extended (if the detainee is a minor);

dd) Nationality, passport number or valid passport alternative (if the detainee is a foreigner);

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g) Right to lodge complaints, whistling reports and initiate lawsuits about extension of the temporary detention time and enforcement thereof as prescribed by law;

h) Signature and agency seal of the maker of temporary detention decision.

3. The decision on extension of temporary detention period shall be made in two copies, one copy shall be delivered to the detainee and the other shall be kept in the temporary detention file.

Article 21. Cancellation of imposition of temporary detention on administrative detainees

1. The cancellation of imposition of temporary detention on administrative detainees shall be effected when:

a) The time limit for temporary detention under administrative procedures has expired;

b) The detainee is ill as prescribed in Clause 1, Article 29 of this Decree;

c) There are grounds to believe that the illegal acts of the administrative detainee show signs of crime;

d) The grounds for temporary detention under administrative procedures have ended but the time limit for temporary detention stated in the temporary detention decision has not yet expired.

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3. The decision on cancellation of the temporary detention under administrative procedures must clearly state the following:

a) Decision number; place, hour, minute, day, month, year of decision;

b) Full name, rank (if any), position, agency of the decision maker;

c) Grounds for issuance of the decision, applicable articles and clauses of legal documents;

d) Reasons for canceling the temporary detention;

dd) Full name, date of birth, place of birth, place of permanent residence (or temporary residence), occupation, place of work, study, personal identification number, citizen identification number (or identity card number) of the person who has temporary detention canceled;

e) Full name of the father, mother or guardian of the detainee who is a minor;

g) Nationality, passport number or valid passport alternative (if the detainee is a foreigner);

h) Right to lodge complaints, whistling reports and initiate lawsuits about cancellation of the temporary detention time and enforcement thereof as prescribed by law;

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4. The decision on cancellation of temporary detention under administrative procedures must be recorded in the monitoring book of the person in administrative temporary detention and certified by the person whose imposition of temporary detention is canceled.  In case the person whose imposition of temporary detention refuses to sign for certification, the person who has issued the decision on cancellation of temporary detention under administrative procedures must make a record or assign it to the person who is directly enforcing the temporary detention under administrative procedures to make a record and clearly state the reason therein.  The minutes must bear the signatures of witnesses (if any), the person making the minutes and the person issuing the decision on cancellation of temporary detention under administrative procedures.

5. The person who issued the decision on cancellation of the temporary detention must transfer the dossier and hand over the detainee together with material evidences and documents, instruments of violation (if any) to the criminal proceedings agency for settlement in accordance with law if it falls into the case specified at Point c, Clause 1 of this Article.

Article 22. Place of temporary detention

1. Places for temporary detention of people under administrative procedures shall comply with Clauses 5 and 6, Article 122 of the Law on Handling of Administrative Violations.

2. The administrative temporary detention house or the administrative temporary detention room must have a door lock, must be well lighted, and properly ventilated, have fire safety measures in place, and be convenient for taking care and protection. Detainees who are held overnight must be provided with beds, mats, blankets, and mosquito nets; minimum accommodation per person is 2m2.

3. The Minister of Public Security shall, based on Article 122 of the Law on Handling of Administrative Violations and Article 22 of this Decree, take responsibility for arrangement of places for temporary detention of persons under administrative procedures, and direct the design and construction of administrative temporary detention places to comply with the law.

Article 23. Notice of temporary detention decision

1. The notification of decisions on temporary detention shall comply with Clause 4, Article 122 of the Law on Handling of Administrative Violations.  In case of failure to notify, it must notify the administrative detainee and clearly state the reason in the logbook of administrative detainees.

2. In case the administrative detainee is a foreigner, the person who issued the temporary detention decision must immediately report it to the head of the superior competent agency so that the Ministry of Foreign Affairs can notify the consular offices, diplomatic missions of the country of which the person is a citizen; and also coordinate with the Ministry of Foreign Affairs to arrange for a representative of a consular office or a representative of a diplomatic mission of that country to visit the consular officer if so requested, and coordinate in handling other related foreign affairs.

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When receiving an administrative detainee, the person assigned to receive and manage the detainee must:

1. Examine and compare the decision on temporary detention with the administrative detainee.

2. Check and record the health status of the administrative detainee.

3. Check the personal belongings and objects of the detainee that are allowed to carry; disseminate the rights and obligations of detainees; regulations of the temporary detention place and other relevant regulations.

4. Record the information of the administrative detainee into the logbook.

Article 25. Management of administrative detainees

Persons assigned the task of managing administrative detainees shall have to regularly supervise, protect and look after them.

1. case a detainee is found to have injuries, psychological or health symptoms, or abnormal behavior, a record must be made on the detainee's health status and immediately reported to the competent person that issued temporary detention decision to take timely handling measures.

2. If detecting circumstances related to the case of violation or detecting that the detainee has hidden weapons, explosives, combat gear, material evidences and instruments of violation, a record must be made on the detection of relevant circumstances and the seizure of weapons, explosives, combat gears, material evidences and instruments of administrative violations.

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4. In case the personal belongings and property are deposited in large quantities or of great value, the officer assigned to manage them must make a record of the deposit of personal belongings and property, which must be fully and specifically recorded pertaining to quantity, type, symbol, form, condition of objects and other related matters.  The minutes of property deposit must be made in 2 copies, signed by the detainee, and signed by the person who receive the property for storage, and handed over to each party 1 copy.

5. When the temporary detention term expires or the administrative detainee moves to another place, the detainee shall be entitled to receive back all the deposited belongings and property. In case of detecting lost or damaged personal belongings or property, the detainee has the right to request the temporary detention agency to pay compensation in accordance with law.

Article 26. Handover and receipt of administrative violators

1. The person having authority of administrative temporary detention shall make a record of handover and receipt of administrative violator with the organization or individuals that escort administrative violator or assigning them to law enforcement officers to making a record on the handover and receipt of administrative violators.

2. As soon as practicable after making a record of handing over or receiving the administrative violator, if deeming that the violator must be detained under administrative procedures, the competent person shall immediately issue a decision on temporary detention under administrative procedures

If there are insufficient grounds or it is deemed unnecessary to impose the temporary detention according to administrative procedures, the mentioned competent person must issue a decision to immediately release the person and return the personal belongings, property, instruments and papers (if any) to him/her if his/her personal belongings, property and papers are not subject to temporary seizure.

3. The minutes of the handover and receipt of the administrative violator must clearly state the following:

a) Full name, position and address of the individual or organization that hands over and receive the administrative violator;

b) Time for making the minutes (hour, minute, day, month, year);

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d) Full name, address, personal identification number, citizen identification number (or number of people's identity card if the validity period remains valid) of the violator; time and place of committing the violation;

dd) Health status and attitude of the violator;

e) Exhibits, personal belongings, assets, instruments, papers (if any) and other details related to the handover and receipt of the violator.

4. In case there is a witness and victim who suffers damage caused by the administrative violator, it must be clearly stated in the minutes:

a) The contents and events that they witnessed and the damage caused by the administrative violator;

b) Full name, address, personal identification number, citizen identification number (or number of people's identity card if it remains valid) of the witness and the victim;

c) If the witness or victim refuses to sign the record, the record maker must clearly state the reason in the record.

5. Minutes of handing over and receiving administrative violators must be made in 2 copies and reread for all participants to sign the minutes to hear together; the receiving party keeps 1 copy, the handing over party keeps 1 copy.

Article 27. Rights and obligations of detainees

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a) be notified of the imposition of temporary detention under administrative procedures;

b) know the reason for the temporary detention, the duration of the temporary detention, and the place of the temporary detention; complaints about detention;

c) request the person who has issued the decision on temporary detention under administrative procedures to notify the decision on temporary detention to the family or organization (place of work or study) of his/her detention according to Clause 1, Article 23 of this Decree;

d) be provided with meal standards as prescribed in Article 28 of this Decree;

dd) receive medical treatment and care when sick as prescribed in Article 29 of this Decree.

2. A detainee has the following obligations:

a) strictly abide by temporary detention decision, internal rules and regulations of the place of temporary detention under administrative procedures;

b) comply with requests and orders of the person issuing the temporary detention decision and the person assigned the task of managing and protecting the place of temporary detention;

c) not to bring into the place of temporary detention weapons, explosives, combat gears, vehicles, electronic devices with the function of receiving and broadcasting, harmful cultural products, alcohol, beer and other addictive substances or items that may affect the order and safety of the place of temporary detention.

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1. In case the detainee or his/her family cannot provide for themselves, the agency or unit of the person competent to issue the decision on temporary detention shall have to ensure the meal standards for the detainee according to the quantitative standard of 0.6 kg of ordinary rice per person per day; 0.1 kg of pork; 0.5 kg of vegetables; 1 liter of drinking water that is boiled and cooled; fish sauce, salt, suitable fuel.  This meal standard is covered by the state budget and converted into money according to the market price in each locality from time to time.

2. The meal standard for detainees during public holidays and New Year's Eve shall be implemented as follows:

a) During the Lunar New Year, detainees may eat more, but the amount of food (including extra meals) must not exceed 05 times the meal standard on a weekday;

b) On public holidays or New Year's Day, detainees may eat more, but not more than 03 times the standard meal on weekdays;

c) The agency where the temporary detention is located may decide to change the amount of food mentioned above to suit the reality and taste of the detained person to ensure that they can eat up the meal standard.

3. Agencies and units that have the function of detaining people under administrative procedures must open books to monitor and pay for the meal standard of the detainees in accordance with law.

Article 29. Administrative detainees become ill or die during the detention period

1. Handling of sick administrative detainees:

a) If an administrative detainee falls ill during the time of temporary detention, he/she shall be treated on the spot;

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c) In case the family and relatives of the detainee have a petition for sending the detainee home for care and deeming it unnecessary to continue the temporary detention as prescribed at Point a, Clause 1, Article 11, Point a. a, b and point d, Clause 1, Article 21 of this Decree, the competent person may decide to cancel the temporary detention and send them home for medical treatment.  Cancellation of the temporary detention shall comply with Clauses 2, 3, 4 and 5, Article 21 of this Decree;

d) In case the detainee does not have a certain place of residence or their family or relatives are far away and fail to come to take care of them in time, the place of temporary detention shall directly be responsible for the care of the detainee.

2. Actions to be taken if an administrative detainee dies during his/her temporary detention period:

a) In case an administrative detainee dies while being held in temporary detention, the person who issued the temporary detention decision must immediately notify the competent investigating agency or procuracy for settlement according to regulations of the law, and also make a record on the death of the detainee and immediately notify the family and relatives of the deceased; the deceased's family is responsible for burying the dead person;

b) In case the administrative detainee dies without family or relatives, the burial shall be carried out by the agency or unit where the temporary detention is held in coordination with the local administration where the temporary detention is held; funeral expenses in this case shall be paid by the state budget in accordance with law;

c) In case the administrative detainee who dies is a foreigner, the person issued the decision on temporary detention under administrative procedures must immediately report to the superior competent agency for immediately noticing to the Ministry of Foreign Affairs or a competent state agency, and coordinate with the consular office or diplomatic mission of the country of which the deceased is a national to coordinate settlement.

3. The minutes on the death of the administrative detainee during the temporary detention period must clearly state the following:

a) Full name of the detainee; date, month and year of birth of the detainee;

b) Personal identification number, citizen identification number or identity card/passport/relevant personal papers; temporary detention place;

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d) The process of handling the detainee from the time of receipt to the death of the detainee;

dd) The reason for the death of the detainee.

Chapter IV

ESCORT OF PEOPLE UNDER ADMINISTRATIVE PROCEDURES

Article 30. Escorting violators

1. Violators who do not voluntarily abide by requests of competent persons but not due to objective hindrance or force majeure circumstances shall be escorted in the following cases:

a) Being temporarily detained under administrative procedures;

b) Being sent to or returned to reformatories, correctional facilities, compulsory detoxification establishments as prescribed in Article 124 of the Law on Handling of Administrative Violations.

2. Competent persons on official duty specified in Article 31 of this Decree shall escort violators.

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Article 31. Enforcement of escort

The following persons on official duty shall escort violators under administrative procedures:

1. Competent persons on official duty of the People's Public Security, Border Guards, Coast Guards, Customs, Forest Protection, tax authorities, market management, inspection and enforcement agencies, Civil judgment enforcement agencies, Forest Protection, Tax, Fisheries Control, Market Management, Inspector.

2. Competent persons on other official duties in accordance with the Law on Handling of Administrative Violations and other relevant legal documents.

Article 32. Escort procedures

1. Before escorting the violator, the person on duty performing the escort must explain to the escortee about their rights and obligations during the process of being escorted in accordance with law, answer questions of the escortee.

2. During escorting, absolute safety must be ensured for the person on duty performing the escort duty and for the escortee.  The use of weapons and combat gears when applying the escort measure must comply with the principles specified in Clause 4, Article 20 of the Law on Handling of Administrative Violations and this Decree.

3. In case the escortee shows signs of fleeing or acts against the official duty performer, the escorting person on duty must immediately report it to a competent person for issuance of a decision on temporary detention under administrative procedures on that person.

4. The escorting person on official duty must closely supervise and manage the escortee, be alert, proactive and promptly handle complicated situations that may arise; must not arbitrarily deal with the requests of the escortee while the escort is in progress.

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1. The person on official duty who escorts the violator must make a record of handover and receipt of the escortee with the agency receiving the escortee.

2. The person on official duty escorting the violator when arriving at the place of escorting must invite representatives of the local government where the escortee resides or is being managed, agency representatives, organization where the escortee works, studies and the witness resides.

3. Check and compare photos, identification papers, identify the right escortee under administrative procedures and make a record on escorting violators under administrative procedures.

4. The minutes of handover and receipt of the escortee shall comply with Article 34 of this Decree.

Article 34. Minutes of handover and receipt of the escortee

The minutes of handover and receipt of the escortee include the following:

1. Time and place for making minutes.

2. Full name, position and address of the individual or organization that hands over or receive the escortee; full name, address, personal identification number, citizen identification number, people's identity card number (if any) or other identification papers of the escortee; violation; time and place of committing the violation; health status, attitude of violator, material evidences, their properties (if any) and other circumstances related to the escort of the violator; in case there is a witness, the full name and address of the witness must be clearly written.

3. The minutes must bear the signatures of the party who hands over the escortee and the party who receives the escortee, and the escortee, the escorted party and the escorted violators and witnesses (if any); the person having authority of administrative temporary detention shall sign the minutes of handing and receiving the escortee.  In case the escortee or the witness refuses to sign, the record maker must clearly state the reason in the record.

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Article 35. Handling of some situations while escorting

1. In case the escortee acts against the escorting person; if the escortee is a minor who curses or insults but does not attack by force, the escorting person on duty must explain regulations of law and request them to abide by the decision; in case the escortee commits an act of assault with force, the escorting person on duty has the right to use force, tie, lock hands and feet, use weapons and combat gear according to the law to control and neutralize the opposing behavior of the escortee.

2. Where the escortee escapes, the escorting person on duty must request the present people to cooperate in arresting; in case the escortee cannot be immediately arrested, it must promptly report to the head of the unit and contact the local government where the incident occurs to have a plan to track down the escaped escortee; and also make a record on the escape of the escortee, signed by the witness; if there are no witnesses, the reason must be clearly stated in the minutes.

3. In case the escortee develops an unexpected illness that requires prompt emergency care, the escorting person on duty must quickly take the escortee to the nearest healthcare facility.  The escort or transfer to a higher-level healthcare facility for further treatment must be certified in writing by the healthcare facility about the health status of the escortee and the escortee and the escorting person on duty must immediately report to the direct commander.  During the time of emergency at the healthcare facility, the escorting person on duty must have a plan to organize guarding and closely monitor the violator, not to escape or freely contact with other people.

4. In case the escortee dies unexpectedly, he/she must be taken to the nearest healthcare facility and immediately report to the head of the unit, the investigating agency and the Procuracy where the incident occurred so that he can proceed with the investigation and carry out the procedures prescribed by law.

5. All cases of escorting the violator must prepare necessary logistical conditions, contact the local authority where the violator is escorted to manage the escortee.

Chapter V

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, INDIVIDUALS

Article 36. Responsibilities of the Ministry of Public Security

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1. Assist the Government in monitoring, inspecting and urging the implementation of this Decree.

2. Take charge and cooperate with agencies and bodies, the People’s Committees relevant to imposition of deportation, temporary detention, escort of violators under administrative regulations and management of foreigners violating Vietnamese law while deportation is in progress.

3. Direct and guide the police of units and localities to apply the deportation, temporary detention and escort of violators under administrative procedures; manage foreigners who violate Vietnamese law and are deported during the deportation procedures; enforce deportation by decision; hand over the deportee subject to the immigration authority upon request; and also coordinate with relevant agencies to ensure the implementation of the deportee's rights and obligations.

4. Examine, inspect and settle complaints and whistling reports about the imposition of deportation, the temporary detention and escort of violators according to administrative procedures and organize the enforcement of the decision on imposing deportation.

5. Release statistics on the imposition and enforcement of deportation decisions.

Article 37. Responsibilities of the Ministry of Foreign Affairs

1. Settle external procedures related to the enforcement of the decision on imposing deportation and other relevant procedures in the case of foreigners being detained or escorted under administrative procedures.

2. Exchange and provide relevant information to foreign competent authorities, consular offices of diplomatic missions of the countries where the holders of passports or valid passport alternatives are subject to temporary detention or escort under administrative procedures and apply the deportation.

3. Direct the foreign affairs agencies of the provinces and centrally-affiliated cities to coordinate with the functional agencies, consular offices or diplomatic missions of the country where the holder of the passport or passport valid alternative is held in administrative temporary detention, or deported (in case of death) for settlement.

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Funding for imposition of deportation and temporary detention, escort of violators under administrative procedures shall be allocated by the state budget.

Article 39. Responsibilities of the Ministry of National Defense

1. Direct and guide agencies, units and functional forces directly attached to the organization of escorting and detaining violators under administrative procedures in accordance with this Decree and other relevant laws.

2. Coordinate with the Ministry of Public Security and other ministries and branches in implementing and exchanging information related to the deportation, escort and temporary detention of violators under administrative procedures.

Article 40. Responsibilities of the Ministry of Health

Direct and guide medical agencies and affiliated hospitals to organize medical examination, treatment, health care and health assessment for persons subject to the deportation or temporary detention under administrative procedures, and in case they become seriously ill, requiring treatment.

Article 41. Responsibilities of the Ministry of Planning and Investment

Formulate and arrange plans for investment capital from the state budget for investment, new construction and repair of temporary detention places under administrative procedures and accommodation establishments under the management of the Ministry of Public Security for foreigners who violate Vietnamese law whilst deportation is in progress.

Article 42. Responsibilities of the Provincial-level People's Committee

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Article 43. Responsibilities of relevant agencies, organizations and individuals

1. Coordinate and cooperate with specialized agencies in applying the deportation.

2. Bear all costs or provide financial guarantees in case the deportee does not have the local financial capacity to pay the expenses in accordance with Vietnamese law.

Chapter VI

IMPLEMENTATION

Article 44. Entry in force

This Decree comes into force as of January 1, 2022.

This Decree supersedes the Government's Decree No. 112/213/ND-CP dated October 2, 213 stipulating the sanctioning of deportation, temporary detention, and escort of people according to administrative and management procedures for foreigners who violate Vietnamese law whilst deportation is in progress and Decree No. 17/216/ND-CP dated March 17, 216 on amendments to Decree No. 112/213 /ND-CP dated October 2, 213 of the Government on deportation, temporary detention and escort of people under administrative procedures and management of foreigners who violate Vietnamese law whilst deportation is in progress.

Article 45. Implementation

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2. The ministers, the heads of the ministerial-level agencies, the heads of the Governmental agencies, the presidents of the People's Committees of the provinces and centrally-affiliated cities shall implement this Decree./.

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Pham Minh Chinh