Joint Circular No. 07/2011/TTLT-BCA-BQP-BNG guides the enforcement of deportation penalties under the Criminal Enforcement Law, applicable to individuals subject to deportation and relevant agencies. The main contents include procedures, formalities, responsibilities of implementing agencies, guarantee costs, handling cases of escape, illness, or death, granting exit permits, and organizing deportation.

JOINT CIRCULAR

Guidelines for the enforcement of deportation penalties

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Pursuant to the Criminal Enforcement Law dated June 17, 2010;

Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 15/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

To ensure uniform implementation of the provisions of the Criminal Enforcement Law regarding the enforcement of deportation penalties, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Foreign Affairs hereby provide guidelines as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars guide the procedures and formalities for enforcing deportation penalties; handling cases where the person subject to deportation penalty absconds, falls ill, or dies during the waiting period for departure; handling requests to receive the remains, ashes, or cremated remains of the person subject to deportation penalty who has died; and ensuring funding for the enforcement of deportation penalties.

Article 2. Applicability

These Circulars apply to persons subject to deportation penalties pursuant to court judgments or decisions (hereinafter referred to as "deportees") and relevant agencies, organizations, and individuals involved in the enforcement of deportation penalties.

Article 3. Principles of Enforcing Deportation Penalties

1. Ensuring political, legal, diplomatic, and humanitarian policy requirements of the State.

2. The enforcement of deportation penalties must ensure safety, correct identity, within the prescribed time limit, procedures, and authority according to Vietnamese law, and be consistent with international laws and practices.

3. Ensuring the rights and legitimate interests of deportees; strictly prohibiting any acts that infringe upon their lives, health, dignity, and lawful property.

Article 4. Agencies Enforcing Deportation Penalties

1. The criminal enforcement agency of the provincial public security department where the People's Court or Military Court issued the decision on the enforcement of deportation penalties shall take the lead and coordinate with relevant agencies to organize the enforcement of deportation penalties according to the court's enforcement decision.

2. The criminal enforcement agency of the provincial public security department where there is a prison under the Ministry of Public Security, a prison under the Ministry of National Defense, or a prison under a military region shall take the lead and coordinate with relevant agencies to organize the enforcement of deportation penalties for those who have completed their imprisonment sentence with deportation as an additional penalty.

Article 5. Funding for Enforcement

Funding for the enforcement of deportation penalties shall be covered by the state budget within the annual budget of the criminal enforcement agency of the provincial public security department and the criminal enforcement management agency of the Ministry of Public Security. The cost of purchasing exit transportation tickets for deportees returning to their home country shall be implemented according to Article 102 of the Criminal Enforcement Law.

Chapter II

PROCEDURES AND FORMALITIES FOR ENFORCING DEPORTATION PENALTIES

Article 6. Notification of Enforcement of Deportation Penalties

1. Within three working days from the date of receipt of the court's decision on the enforcement of deportation penalties as stipulated in Clause 1, Article 96 of the Criminal Enforcement Law, or from the date of receipt of the notice from the prison director about the completion of the imprisonment sentence of the prisoner with deportation as an additional penalty, the criminal enforcement agency of the provincial public security department must notify in writing the Ministry of Foreign Affairs, diplomatic agencies, consular agencies, other agencies authorized to perform consular functions of the country of which the deportee is a citizen, or the representative office of the international organization where the deportee works, and the agency or organization that guaranteed the entry of the deportee into Vietnam.

2. In the case where a prisoner with deportation as an additional penalty is granted amnesty or exempted from serving the imprisonment sentence, within twenty-four hours from the date of receipt of the amnesty or exemption decision, the prison director must notify in writing the criminal enforcement agency of the provincial public security department where the prison is located to immediately notify the agencies specified in Clause 1 of this Article.

Article 7. Execution File for Deportation Punishment

1. Within three (3) working days from the date of receipt of the execution decision of the Court or from the date of accepting the person who has completed serving the prison sentence, the person granted amnesty, exempted from serving the imprisonment sentence with deportation as supplementary punishment, the provincial criminal enforcement agency must establish the execution file for deportation punishment.

2. The execution file for deportation punishment (hereinafter referred to as the execution file) must include all documents and materials as prescribed in Clause 2, Article 98 of the Criminal Enforcement Law. The certificate of completion of other punishments or other obligations as stipulated at Point c, Clause 2, Article 98 of the Criminal Enforcement Law includes: certificate of completion of imprisonment sentence, amnesty, exemption from serving the imprisonment sentence, reduction or exemption from monetary fine, decision to terminate or suspend execution of the sentence, certificate or confirmation of the competent enforcement agency on the results of enforcement or completion of other obligations.

3. When transferring the person who has completed serving the imprisonment sentence, the person granted amnesty, exempted from serving the imprisonment sentence with deportation to the provincial criminal enforcement agency where the detention center is located, the Detention Center Director must hand over a copy of the judgment, execution decision of the imprisonment sentence, certificate of completion of the imprisonment sentence, certificate of amnesty, exemption from serving the imprisonment sentence, documents proving the fulfillment of other obligations (if any) to establish the execution file for deportation punishment.

Article 8. Designation of Place of Residence

1. Within three (3) working days from the date of establishment of the execution file, the head of the provincial criminal enforcement agency where the execution file is established must issue a decision designating a place of residence for the person being deported during the waiting period for departure. The designated place of residence must have a clear address, ensuring convenience for management and supervision. It is not allowed to use criminal holding cells, pre-trial detention cells of temporary detention centers, temporary detention camps, or prisons within detention centers to manage persons being deported during the waiting period for departure.

2. In cases where the person being deported falls under one of the circumstances prescribed in Clause 2, Article 99 of the Criminal Enforcement Law, the provincial criminal enforcement agency where the execution file is established shall issue a decision and organize the transfer of the person being deported to the accommodation facility of the Ministry of Public Security (hereinafter referred to as the accommodation facility).

3. In cases where the person being deported or their relatives, lawful representatives request to reside at a lawful temporary residence location in another province or city, they must submit a request to the provincial criminal enforcement agency where the execution file is established for consideration and decision. The request must clearly state the name, address of the requester, relationship with the person being deported, address of the place of residence, commitment to comply with all requirements of the provincial criminal enforcement agency, abide by laws and regulations of the local authorities at the place of residence. The request must be translated into Vietnamese and confirmed by the diplomatic mission, consular office, or other authorized body performing consular functions of the country of which the person being deported is a citizen, or the representative office of an international organization where that person works in Vietnam, and the People's Committee of the commune or the agency, organization where the person being deported resides.

4. Within two (2) working days from the date of issuance of the decision designating the place of residence, the provincial criminal enforcement agency where the execution file is established must notify the court that issued the execution decision, the same-level prosecution agency, and the agencies prescribed in Clause 1, Article 6 of this Circular.

Article 9. Management of Deportees

1. The provincial criminal enforcement agency where the execution file is established shall be responsible for taking the lead and coordinating with relevant agencies and local authorities where the deportee resides to manage the deportee.

2. Within no more than three working days from the date of issuing the decision to place in detention facility or designate a place of residence in another province or city, the provincial criminal enforcement agency where the execution file is established must send a notification along with a copy of the judgment and execution decision to the criminal enforcement agency of the provincial public security organ where the detention facility is located or the criminal enforcement agency of the provincial public security organ where the deportee is designated to reside for coordination in management and leading the implementation of procedures when the deportee escapes or dies as stipulated in Clause 4, Article 99 and Article 100 of the Criminal Enforcement Law.

Article 10. Handling Cases Where Deportees Escape During Execution of Deportation Sentence

1. During the period of residing while waiting for departure, if a deportee escapes, the criminal enforcement agency of the provincial public security organ where the detention facility is located or the criminal enforcement agency of the provincial public security organ where the designated place of residence is located must immediately organize the pursuit and notify the criminal enforcement agency of the provincial public security organ where the execution file is established; in case the pursuit is unsuccessful, a warrant for arrest must be issued within seven days from the date of the escape according to the law.

2. In cases where a deported person who has escaped is recaptured or surrenders, the agency that apprehends or receives the surrender must record it in a report and immediately notify the criminal enforcement agency of the provincial public security organ where the execution file is established to receive the person, place them in a detention facility, and notify the agency that issued the warrant for arrest to issue a cancellation of the warrant according to the regulations.

3. If a deportee who has escaped is on the way to the detention facility or departure point, the criminal enforcement agency of the provincial public security organ organizing the escort is responsible for organizing the pursuit, issuing a warrant for arrest, and canceling the warrant.

4. The criminal enforcement agency of the provincial public security organ where the execution file is established is responsible for immediately notifying the same-level People's Procuratorate, the court that issued the deportation execution decision, the criminal enforcement management agency under the Ministry of Public Security, and other agencies specified in Clause 1, Article 6 of this Circular about the escape of the deportee, their recapture, or surrender.

Article 11. Handling Cases Where Deportees Fall Ill or Die

1. During the period of residing while waiting for departure at the detention facility, the deportee is entitled to medical examination and treatment according to the Government's regulations for persons serving deportation sentences, foreign nationals who have completed their prison terms and are residing at the detention facility awaiting departure procedures. In cases where a deportee suffers from a serious illness requiring treatment at a state medical facility, the detention facility or designated place of residence must immediately notify the criminal enforcement agency of the provincial public security organ where the detention facility or designated place of residence is located to inform the agencies specified in Clause 1, Article 6 of this Circular.

2. In cases where a deportee is critically ill or seriously ill and unable to travel, confirmed by a provincial hospital or higher, the criminal enforcement agency of the provincial public security organ managing the deportee at the designated place of residence and the criminal enforcement agency of the provincial public security organ where the detention facility is located must notify the criminal enforcement agency of the provincial public security organ where the execution file is established to prepare a written notice to the court that issued the execution decision for consideration and issuance of a decision to extend the deadline for leaving Vietnam.

3. In cases where a deportee dies during the period of residing, the detention facility or designated place of residence must immediately report to the criminal enforcement agency of the provincial public security organ where the detention facility or designated place of residence is located, the investigation agency, and the procuratorate with jurisdiction to determine the cause of death. Within twenty-four hours from the time of death, the criminal enforcement agency of the provincial public security organ where the deportee died must notify the criminal enforcement agency of the provincial public security organ where the execution file is established to immediately notify in writing or by telegraph the court that issued the execution decision and the agencies specified in Clause 1, Article 6 of this Circular. After completing the procedures to determine the cause of death and obtaining permission from the competent authority, the criminal enforcement agency of the provincial public security organ where the detention facility or designated place of residence is located is responsible for organizing burial. In cases where a deportee dies during escort to the detention facility or departure point, the criminal enforcement agency of the provincial public security organ organizing the escort is responsible for leading and coordinating with the criminal enforcement agency of the provincial public security organ, the investigation agency, and the procuratorate with jurisdiction where the deportee died to handle the matter according to Clause 4, Article 99 of the Criminal Enforcement Law.

4. Funeral expenses for deceased deportees:

a) Funeral expenses for deceased deportees at the detention facility are carried out according to the Government's regulations on food, accommodation, clothing, living expenses, medical examination, treatment, and funeral expenses for persons serving deportation sentences during their stay at the detention facility;

b) Funeral expenses for deceased deportees during their stay at a designated place of residence other than the detention facility are applied similarly to those for deceased deportees at the detention facility, except in cases where their relatives or legal representatives pay the expenses themselves.

Article 12. Resolution on the Acceptance of Deceased Bodies, Remains, and Ashes of Deported Persons

1. In cases where a deported person dies and their relatives or their lawful representatives request to accept the deceased body for burial, within 48 (forty-eight) hours from the time of death of the deported person, a request must be submitted to the Criminal Enforcement Agency of the Provincial Public Security Office responsible for implementing the enforcement decision for consideration and decision.

2. The request must clearly state the name, address of the person accepting the deceased body, their relationship with the deported person, the place of burial, commitment to ensure security and public order, environmental hygiene, and willingness to bear all costs. The request must be confirmed by the diplomatic agency, consular office of the country of which the deported person holds citizenship, or the representative office of the international organization where they work, and must be translated into Vietnamese. If the requester is a Vietnamese citizen, confirmation from the People's Committee of the commune where they reside is also required. In cases where the deceased body is accepted for burial within the territory of Vietnam, consent from the People's Committee of the commune where the burial will take place is necessary.

3. Within 24 (twenty-four) hours from receiving the request, the head of the Criminal Enforcement Agency of the Provincial Public Security Office must decide on the acceptance of the deceased body and notify in writing the person who made the request, the Court that issued the enforcement decision, and the agencies specified in Clause 1 of Article 6 of this Circular regarding the acceptance or non-acceptance of the deceased body when there is evidence indicating that accepting the deceased body would affect security, public order, and environmental hygiene.

4. Within 24 (twenty-four) hours from notifying the acceptance of the deceased body, the Criminal Enforcement Agency of the Provincial Public Security Office and the person who made the request must carry out the handover of the deceased body, money, and legitimate property of the deported person (if any), and must prepare a record with signatures of both parties involved and witnesses; if the person who made the request does not arrive to accept the deceased body within this period, the Criminal Enforcement Agency of the Provincial Public Security Office shall be responsible for organizing the burial.

5. The resolution on the acceptance of remains of deported persons can only be implemented three years after the date of burial. In cases of cremation, the resolution on the acceptance of ashes can be implemented after the completion of the cremation process. The person requesting the acceptance of remains or ashes must submit a request to the Criminal Enforcement Agency of the Provincial Public Security Office responsible for the burial of the deported person for consideration and decision; the content of the request must include all elements stipulated in Clause 2 of this Article. Within seven working days from receiving the request, the head of the Criminal Enforcement Agency of the Provincial Public Security Office must decide on the acceptance of remains or ashes and notify in writing the person who made the request, the Court that issued the enforcement decision, and the agencies specified in Clause 1 of Article 6 of this Circular regarding the acceptance or non-acceptance of remains or ashes when there is evidence indicating that accepting remains or ashes would affect security, public order, and environmental hygiene.

6. The preservation and transportation of the deceased bodies, remains, and ashes of deported persons shall be the responsibility of the person who made the request or the diplomatic agency, consular office of the country of which the person is a citizen, or the representative office of the international organization where they worked, and must comply with the relevant provisions of Vietnamese law concerning medical treatment procedures; environmental hygiene; prevention and control of infectious diseases; and cross-border health quarantine regulations and other relevant laws.

Article 13. Issuance of Exit Permit

1. The Criminal Enforcement Agency of the Public Security Department at the province where the enforcement file is established shall examine the passport or substitute travel document of the person to be deported. In cases where the passport does not have a visa or the visa has expired, the agency shall request the immigration management authority to issue an exit visa in accordance with regulations. In urgent cases requiring issuance of a visa at the border gate, the request must be sent no later than 12 (twelve) hours before the person to be deported arrives at the border gate.

2. In cases where the person to be deported does not have a passport or substitute travel document, the Criminal Enforcement Agency of the Public Security Department at the province must notify in writing the Ministry of Foreign Affairs and the immigration management authority of the Ministry of Public Security to request the diplomatic mission, consulate of the country of which the person holds citizenship, or the representative office of the international organization where the person works to issue necessary documents for the exit visa procedure. If such agencies or organizations have not resolved or responded despite being requested, but due to urgency requiring immediate deportation or because the deadline for leaving Vietnam's territory has passed according to the law, the Criminal Enforcement Agency of the Public Security Department at the province shall request the immigration management authority of the Ministry of Public Security to issue an exit permit and request the Ministry of Foreign Affairs to notify in writing the country of which the person to be deported is a citizen to handle reception procedures and entry. In cases where the country of the person's citizenship refuses to accept or does not allow entry, the Ministry of Foreign Affairs shall be responsible for coordinating with the immigration management authority of the Ministry of Public Security and the Criminal Enforcement Agency of the Public Security Department at the province to resolve through diplomatic channels or carry out deportation according to international practice.

3. In cases where the person to be deported must serve another sentence or has not yet completed a monetary fine or other civil obligation under the temporary suspension of exit from Vietnam as provided by Vietnamese law, the Criminal Enforcement Agency of the Public Security Department at the province where the deportation enforcement file is established shall immediately prepare a report to the court that issued the enforcement decision to extend the deadline for leaving Vietnam's territory; coordinate with the Ministry of Foreign Affairs to notify and request the diplomatic mission, consulate, or other authorized body performing consular functions of the country of which the person to be deported is a citizen with offices in Vietnam, or the representative office of the international organization where the person works, or the organization that guaranteed the person's entry into Vietnam to resolve or contact the family of the person to be deported, the place of work of the person to be deported to support the implementation of the monetary fine and other civil obligations; simultaneously, notify the competent civil enforcement agency to proceed with enforcement procedures or apply for the court with jurisdiction to consider exemption or reduction of enforcement obligations for state budget payments according to the Civil Execution Law. When there is a decision or document from the civil enforcement agency regarding the completion of enforcement against the person to be deported, the Criminal Enforcement Agency of the Public Security Department at the province shall proceed with the procedures to compel the person to leave Vietnam's territory.

Article 14. Enforcement of Removal from Vietnam's Territory

1. The criminal enforcement agency of the provincial police where the enforcement case file is established shall determine the time for departure, but not exceeding the deadline specified in the court’s enforcement decision or the legal provisions.

2. The criminal enforcement agency of the provincial police where the enforcement case file is established shall be responsible for purchasing exit transportation tickets for the person being deported when such person bears their own costs or when the diplomatic mission, consular office of the country to which the person holds citizenship, or the representative office of the international organization where the person works, or the agency, organization that guaranteed the person’s entry into Vietnam resolves the expenses for returning the person to their home country. In cases where the state budget must be used to pay for air, car, train, or ship tickets for the person being deported to leave Vietnam as stipulated in Article 102 of the Criminal Enforcement Law, the criminal enforcement management agency under the Ministry of Public Security shall decide on the use of the state budget and purchase the transportation tickets to remove the person from Vietnam's territory.

3. At least 24 (twenty-four) hours before the departure time, the criminal enforcement agency of the provincial police where the enforcement case file is established must notify the person being deported, the competent immigration management authority, the Border Gate Management Department under the Border Guard Command, and the agencies specified in Clause 1 of Article 6 of this Circular about the time and location of departure to coordinate in carrying out the deportation. In cases of deportation by land back to a neighboring country sharing a border with Vietnam, the departure time shall not be carried out at night, except in special circumstances. If the person being deported has lawful money or property deposited with the criminal enforcement agency of the provincial police or the detention facility, then 24 (twenty-four) hours before the departure time, the criminal enforcement agency of the provincial police or the detention facility must return it to them. The return of money and property must be recorded in a protocol, signed by the parties involved and a witness.

4. The criminal enforcement agency of the provincial police where the enforcement case file is established shall be responsible for escorting the person being deported to the departure point; coordinating with the Ministry of Foreign Affairs, the immigration management authority under the Ministry of Public Security, and the Border Gate Management Department under the Border Guard Command to carry out the procedures for removing the person being deported from Vietnam's territory. The implementation of deportation at the departure point must be recorded in a protocol, signed by the person being deported, representatives of the participating agencies, and the diplomatic or consular offices of the country to which the deported person holds citizenship or the representative office of the international organization where they work.

5. In cases where the person being deported does not voluntarily comply with the deportation, refuses to depart from Vietnam, the criminal enforcement agency of the provincial police where the enforcement case file is established shall be responsible for escorting the person being deported to the border gate of the country to which they are a citizen; in cases of air escort deportation, the criminal enforcement agency of the provincial police must inform and coordinate with the airline regarding security measures during the escort process as stipulated in Clause 2 of Article 17 of Decree No. 81/2010/NĐ-CP of the Government on civil aviation security and implement the relevant international treaties on civil aviation security to which Vietnam is a member.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from January 1, 2012.

Article 16. Implementation Organization

Agencies under the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Foreign Affairs, within their respective functions, tasks, and authorities, shall be responsible for organizing the implementation and guiding and supervising the implementation of this Circular. During the implementation of this Circular, if there are any difficulties arising, agencies, units, and localities need to report to the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Foreign Affairs for timely guidance.

During the implementation of this Circular, if there are any difficulties arising, agencies, units, and localities need to report to the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Foreign Affairs for timely guidance./.