THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 17/2016/ND-CP
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Hanoi,
March 17, 2016
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S
DECREE NO. 112/2013/ND-CP OF OCTOBER 2, 2013, PROVIDING THE SANCTION OF
EXPULSION AND THE MEASURES OF CUSTODY AND ESCORTED TRANSFER OF VIOLATORS
ACCORDING TO ADMINISTRATIVE PROCEDURES, AND MANAGEMENT OF FOREIGN VIOLATORS OF VIETNAM’S LAW PENDING THE COMPLETION OF EXPULSION PROCEDURES
Pursuant to the June
19, 2015 Law on Organization of the Government;
Pursuant to the
November 21, 2007 Law on Prevention and Combat of Domestic Violence;
Pursuant to the June
20, 2012 Law on Handling of Administrative Violations;
Pursuant to the June
23, 2014 Law on Customs;
At the proposal of the
Minister of Public Security,
The Government
promulgates the Decree amending and supplementing a number of articles of
Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of
expulsion and the measures of custody and escorted transfer of violators
according to administrative procedures, and management of foreign violators of
Vietnam law pending the completion of expulsion procedures.
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1. To amend and
supplement Clause 1 of Article 3 as follows:
“1. The custody and
escorted transfer of persons according to administrative procedures and the
application of the sanction of expulsion must ensure proper subjects,
procedures, competence and time limits provided in the Law on Handling of
Administrative Violations, Article 102 of the Law on Customs, this Decree and
other relevant laws.”
2. To amend and
supplement Article 11 as follows:
“Article 11. Custody
according to administrative procedures
Custody of a person
according to administrative procedures may only be applied in the following
cases:
1. When it is necessary
to prevent and stop the following acts:
a/ Disturbing public
order.
b/ Inflicting injury on
other persons.
2. When it is necessary
to prevent and stop acts of smuggling or illegal cross-border transportation of
goods in the following cases where violators show signs of escape or
destruction of material evidence and means of violation, obstructing the
handling of violations:
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b/ Importing or exporting
goods on the list of goods subject to conditional import or export without an
export or import permit or paper granted by a competent agency in accordance
with regulations accompanying the goods;
c/ Importing or exporting
goods without going through a prescribed border gate or without carrying out
customs procedures in accordance with law, or committing frauds in goods
quantities or types while carrying out customs procedures;
d/ Importing or exporting
goods without accompanied invoices and documents as prescribed by law, or with
unlawful invoices and documents;
dd/ Importing goods
subject to import labeling as prescribed by law without a stamp on goods or
with a false or used stamp;
e/ Carrying out
cross-border trade or trade from non-tariff areas into the inland or vice versa
in contravention of law but not serious enough for penal liability examination;
g/ Transporting goods
cross the border or transporting goods from non-tariff areas into the inland or
vice versa in contravention of law;
h/ Other cases as
prescribed by law.
3. When it is necessary
to prevent and stop the violations specified in Clause 5, Article 20 of the Law
on Prevention and Combat of Domestic Violence, and Clause 1, Article 12 of
Decree No. 08/2009/ND-CP of February 4, 2009, detailing and guiding the
implementation of a number of articles of the Law on Prevention and Combat of
Domestic Violence.”
3. To amend and
supplement Article 12 as follows:
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1. The following persons
may decide on holding persons in custody according to administrative
procedures:
a/ Chairpersons of
commune-level People’s Committees, chiefs of ward police offices;
b/ Chiefs of
district-level police offices;
c/ Chiefs of police
offices for administrative management of social order, chiefs of order police
offices, chiefs of road and railway traffic police offices, chiefs of waterway
police offices, chiefs of police offices for investigation of economic
management order and position- related crimes, chiefs of police offices for
investigation of social order-related crimes, chiefs of police offices for
investigation of drug-related crimes, heads of immigration management sections
of provincial-level Police Departments; chiefs of police offices for criminal
judgment enforcement and judicial assistance, and chiefs of police offices for
environmental crime prevention and combat;
d/ Chiefs of mobile
police units at the company or higher level, heads of border-gate public
security stations;
dd/ Heads of district-level
forest protection offices, heads of mobile forest protection teams;
e/ Heads of
district-level customs branches, heads of control teams of provincial-level
Customs Department, heads of control teams for anti-smuggling, and captains of marine
control flotillas of the Anti-Smuggling Investigation Department of the General
Department of Customs;
g/ Heads of market
control teams;
h/ Commanders of
border-guard sub-zones, commanders of port border guards, commanders of
border-guard fleets, commanders of border-guard flotillas, heads of
border-guard stations and heads of border-guard units stationed in border areas
and islands;
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k/ Persons in command of
aircraft, shipmasters and trainmasters in case aircraft, ships or trains have
departed from airports, seaports or railway stations;
l/ Judges chairing court
hearings.
2. Persons competent to
hold persons in custody specified at Points a thru i, Clause 1 of this Article
may empower their deputies. The empowerment shall be made only when the heads
are absent and expressed in writing, clearly stating the scope, contents and
duration of empowerment. Empowered deputies shall take responsibility for their
decisions before their heads and law. Empowered persons may not further empower
or authorize any other persons.”
Article 2. Annulment of current regulations
To annul Clause 1,
Article 3, and Articles 11 and 12, of Decree No. 112/2013/ND-CP
Article 3. Effect
This Decree takes effect
on May 2, 2016.
Article 4.
Implementation responsibilities
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
chairpersons of provincial-level People’s Committees shall implement this
Decree.-
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung