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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
54/2001/ND-CP
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Hanoi, August 23, 2001
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DECREE
GUIDING THE
EXECUTION OF EXPULSION PENALTY
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on
Organization of the Government;
In order to execute the penalty of expulsion prescribed in Article 32 of the
1999 Penal Code and Article 234a of the June 9, 2000 Law Amending and
Supplementing a Number of Articles of the Criminal Procedures Code;
Pursuant to Articles 16 and 17 of the April 28, 2000 Ordinance on Entry, Exit
and Residence of Foreigners in Vietnam;
At the proposals of the Minister of Public Security and the Minister of
Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
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2. This Decree guides the execution of expulsion
penalty after the courts issue decisions on judgment execution. The expulsion
by orders of the Minister of Public Security under the Ordinance on the
Handling of Administrative Violations shall not be governed by this Decree.
3. The expulsion of foreign offenders who are
entitled to diplomatic immunities or consular privileges and immunities shall
be settled through diplomatic channels.
Article 2.-
1. The Exit and Entry Management Agency of the
Ministry of Public Security (hereinafter referred to as Exit and Entry
Management Agency for short) shall assume the prime responsibility and
coordinate with the concerned agencies in organizing the enforcement of
expulsion penalty against persons sentenced to expulsion (hereinafter called the
expellees) by court decisions on judgment execution.
2. The enforcement of expulsion penalty must
ensure safety, timeliness and compliance with the provisions of law.
Chapter II
OBLIGATIONS AND RIGHTS OF THE EXPELLEES
Article 3.- The expellees
shall have the obligation:
1. To depart from the Vietnamese territory
within the time limits inscribed in the courts� decisions on judgment
execution, if they do no fall under the cases prescribed in Article 4 of this
Decree.
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3. To submit papers necessary for the judgment
execution at the request of the Exit and Entry Management Agency.
4. To quickly fulfill other obligations (if any)
and complete all necessary procedures to depart from the Vietnamese territory
within the prescribed time limits.
5. To bear all expenses for their exit means.
Article 4.-
1. The expellees may prolong the time limits for
their departures from the Vietnamese territory according to Article 234a of the
Criminal Procedure Code if they fall under one of the following cases:
a) They are being seriously ill and under
emergency care or they cannot move on their own due to other health reasons,
which are certified by medical bodies or hospitals of the provincial or higher
level;
b) They have to serve other penalties or perform
other duties under the provisions of Vietnamese laws;
c) They have other plausible reasons that hinder
their departures from the Vietnamese territory, which is certified by the head
of the Exit and Entry Management Agency.
2. The prolongation of time limit for departure
from the Vietnamese territory for an expellee shall be effected only when there
is a decision of the court which has issued decision on judgment execution.
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Chapter III
RESPONSIBILITIES AND POWERS OF THE EXPULSION
PENALTY-EXECUTING AGENCIES
Article 6.- The Exit and
Entry Management Agency of the Ministry of Public Security shall have the
responsibility:
1. To notify the time for judgment execution to
the expellees at least 24 hours before the judgment execution.
2. To transfer to the Foreign Ministry the copy
of the judgment execution decision of the court and notify it of necessary information
and materials for coordination in the judgment execution.
3. To gather and receive information and
materials necessary for the organization of judgment execution from the courts
and other concerned bodies; to compile dossiers and organize the enforcement of
the expulsion penalty.
4. Where the expellees fall under the cases
prescribed in Clause 1, Article 4 of this Decree, to notify such cases in
writing to the courts which have issued decisions on judgment execution for the
latter to consider and decide the prolongation of the time limits for
departures from the Vietnamese territory for the expellees.
5. Where the expellees have no more reasons to
prolong the time limits for their departures from the Vietnamese territory, it
has to notify such to the courts which have issued decisions on judgment
execution for the latter to decide continuing the judgment execution.
6. To continue organizing the enforcement of the
expulsion penalty under the judgment execution decisions already issued by the
courts before the issuance of decisions to prolong the time limits for
departures from the Vietnamese territory for the expellees, if such prolonged
time limits have expired and the courts fail to issue other decisions.
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8. To notify the courts of the results of
judgment execution.
Article 7.- The expulsion
penalty execution dossiers shall be compiled by the Exit and Entry Management
Agency, each comprises:
a) The extract or copy of the judgment and the
judgment execution decision of the court;
b) The copy of the passport or the copy of the
paper with value of substituting the passport of the expellees;
c) The certificate of the complete serving of
other penalties or fulfillment of other obligations (if any);
d) Other relevant materials.
Article 8.-
1. Depending on the practical conditions and
situation, the Exit and Entry Management Agency may decide on:
a) Specific measures to manage and supervise the
expellees;
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2. Where the expellees fail to voluntarily abide
by the decisions on judgment execution, the Exit and Entry Management Agency
shall assume the prime responsibility and coordinate with the concerned
agencies in applying the following measures:
a) Restriction on the expellees movement and
contacts;
b) Designation of places of compulsory stay of
the expellees;
c) Immediately escorting the expellees who
belong to the dangerous category or commit acts of escape or prepare to escape
to the border-gates to force them get out of the Vietnamese territory;
d) Other coercive measures as prescribed by law.
3. The head of the Exit and Entry Management
Agency shall decide in writing the application of measures prescribed in Clause
2 of this Article and notify such to the courts which have issued decisions on
judgment execution.
Article 9.- Where the
expellees are incapable of bearing the expenses for their exit means, the Exit
and Entry Management Agency may request the diplomatic missions or consular
offices of the countries of which such persons are citizens settle funding for
the expellees to return home; where the funding is not yet supplied or for
urgent national security protection reasons, the Exit and Entry Management
Agency may use the State budget to pay for the exit fares at the lowest level to
force the expellees to depart from the Vietnamese territory as soon as
possible.
Article 10.- The Ministry
of Public Security shall, within the ambit of its tasks and powers, have the
responsibility:
1. To issue legal documents guiding the
enforcement of the expulsion penalty.
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3. To assume the prime responsibility and
coordinate with the Courts, the Procuracies, the concerned ministries, branches
and People’s Committees of the concerned localities in organizing the
enforcement of expulsion penalty.
4. To make statistics on the enforcement of
expulsion penalty.
5. To examine, inspect and settle complaints and
denunciations about the enforcement of the expulsion penalty.
6. To elaborate budget expenditure estimates for
carrying out activities prescribed in Articles 6, 7, 8, 9 and 10 of this
Decree, incorporate them in the annual budget estimate of the Ministry of
Public Security and send them to the Finance Ministry for consideration and
submission to the competent authorities for decision.
Article 11.- The Foreign
Ministry shall have to clear the external relations procedures related to the
enforcement of the expulsion penalty and exchange and supply relevant
information for competent foreign bodies, foreign diplomatic missions and
consulates in Vietnam.
Article 12.- The Finance
Ministry shall have to ensure funding for the enforcement of the expulsion
penalty according to the assigned plans in the annual budget estimates of the
Ministry of Public Security.
Article 13.- The Health
Ministry shall have to direct and guide its attached medical bodies and
hospitals in organizing medical examination and assessment and granting
certificates of health conditions for the expellees entitled to the prolongation
of the expulsion time limits as provided for at Point a, Clause 1, Article 4 of
this Decree.
Chapter IV
IMPLEMENTATION PROVISIONS
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Article 15.-
1. This Decree takes effect 15 days after its
signing.
2. The Ministry of Public Security shall have to
inspect and urge the implementation of this Decree.
Article 16.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai