Decree No. 112/2013/NĐ-CP stipulates the form of expulsion penalties, temporary detention measures, escorting of violators through administrative procedures, and management of foreign nationals violating Vietnamese law during the expulsion process.

DECREE

Regulations on the form of expulsion penalty, measures for temporary detention of persons,
escorting violators through administrative procedures, and managing foreign nationals
who violate Vietnamese laws during the expulsion process

___________________

Căn cứ Luật T, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ficer Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Pursuant to the Vocational Education Law dated July 27, 20091;

BASED ON THE PREVENTION AND COMBATING CORRUPTION LAW NO. 55/2005/QH11 AMENDED AND COMPLEMENTED BY SOME ARTICLESto prevent andNo.Pursuant to Decree No. 63/2012/NĐ-CP dated August 31, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health; lxuất gia đình ngày 21 thángJune 2024;Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing implementation of certain provisions of the Law on Standards and Technical Regulations; Decree No. 78/2018/NĐ-CP dated May 16, 2018 of the Government amending and supplementing certain provisions of Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing implementation of certain provisions of the Law on Standards and Technical Regulations;

Based on the Law on Administrative Penalties||| Handlingi ||| administrative violations on June 20, 2012;

At the proposal of the Minister of Public Security;

The Government issues this Decree to regulate the form of expulsion penalty, measures for temporary detention of persons, escorting violators through administrative procedures, and managing violators during the expulsion process.i 1. Subjects, authority, procedures for temporary detention and escorting persons through administrative procedures, cases applying temporary detention and escorting measures through administrative procedures, and other relevant regulations concerning the application of temporary detention and escorting measures through administrative procedures."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."time l2. Subjects subject to expulsion, procedures for applying the form of expulsion penalty, management measures for violators during the expulsion process, rights and obligations of those subject to the expulsion penalty, and responsibilities of agencies and organizations in organizing the implementation of the expulsion penalty..

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for:

1. Persons with violations who are temporarily detained according to administrative procedures as stipulated in Article 11 of this Decree.

2. Foreign nationals subject to the form of expulsion penalty prescribed in the Decrees on administrative offenses.

Article 2. Applicability

This Decree applies to:

3. Authorities with the power to impose the expulsion penalty, authorities with the power to apply preventive measures and ensure the handling of administrative offenses.

4. Other agencies and organizations related to the application of the expulsion penalty and preventive measures and ensuring the handling of administrative offenses.

1. Temporary detention, escorting persons through administrative procedures, and applying the form of expulsion penalty must comply with the correct subjects, procedures, authority, and time limits prescribed in the Law on Handling Administrative Offenses, this Decree, and other relevant laws.

2. Strictly prohibit any acts infringing upon the life, health, honor, dignity, property of persons temporarily detained, escorted through administrative procedures, and those subject to the expulsion penalty.

2. Industrial emission testing must ensure timeliness, accuracy, objectivity, compliance with procedures, and adherence to legal provisions.

3. In all cases, temporary detention, escorting persons through administrative procedures, and applying the form of expulsion penalty must be decided in writing by the authorized person as stipulated in Articles 12, 25, and 7 of this Decree; such decisions must be handed over to the person temporarily detained, escorted, or subject to the expulsion penalty. The person making the decision to apply temporary detention, escorting measures through administrative procedures, or applying the expulsion penalty shall be responsible for their decision.

1. Funding to ensure the application of temporary detention and escorting measures through administrative procedures and the application of the form of expulsion penalty includes:

a) Expenditures for investment in construction, repair, upgrading of temporary detention facilities; purchasing equipment, means of transportation, weapons, support tools, and other conditions serving temporary detention and escorting persons through administrative procedures; expenditures for food, medical examination, and treatment for persons temporarily detained, and funeral expenses when persons temporarily detained or escorted die during the period of detention or escorting if they or their families cannot afford it, and other expenditures serving temporary detention.

Article 4. Funding Assurance

b) Preparing files to propose the application of the form of expulsion penalty, managing foreign nationals during the expulsion process, searching for expelled persons who have absconded, and enforcing expulsion decisions.

2. Funding to ensure the application of temporary detention and escorting measures through administrative procedures and the application of the form of expulsion penalty is provided from the state budget. The establishment, execution, and settlement of funding from the state budget are carried out in accordance with the State Budget Law and guiding documents.

3. Expenses for meals, accommodation, medical examination, and treatment at the detention facility as stipulated in Clause 3, Article 30 of this Decree, and exit means are paid by the person being expelled. If the person being expelled is unable to pay, the Provincial Immigration Management Department (where the file of the subject is established) requests diplomatic missions, consular offices of the country of which the person is a citizen, or the organization or individual inviting the foreign national to Vietnam to pay. If these entities are unable to pay, the National Immigration Management Department under the Ministry of Public Security or the Provincial Public Security Department where the file of the subject is established will pay from the state budget.

APPLICATION OF THE EXPULSION PENALTY FORM

3. The expenses for food, accommodation, medical examination and treatment at the detention facility as stipulated in Clause 3, Article 30 of this Decree and the means of departure shall be borne by the person being deported. In cases where the person being deported is unable to bear these costs, the Provincial Immigration Department (at the place where the file of the subject is established) shall request the diplomatic mission, consular office of the country of which the person is a citizen, or the agency, organization, or individual who invited the foreigner to Vietnam to bear such costs. If the aforementioned agencies, organizations, or individuals are unable to bear these costs, then the National Immigration Department under the Ministry of Public Security or the Provincial Public Security Department (at the place where the file of the subject is established) shall bear these costs from the state budget.

Chapter II

APPLICATION OF DEPORTATION PENALTY FORMS

Article 5. Competence to apply the expulsion penalty form

The authority to decide on applying the expulsion penalty form according to administrative procedures shall be carried out in accordance with Point đ Clause 5, Clause 7 Article 39 of the Law on Handling Administrative Violations.

Article 6. Procedures and formalities for establishing files to propose application of the expulsion penalty form

1. The agency discovering the violation, upon finding that a foreigner has committed an act of violation of the law sufficient to apply the expulsion penalty form, must immediately send relevant materials, objects, means temporarily seized (if any) related to the violation to the immigration management agency of the provincial police where the foreigner is registered to reside permanently or temporarily or where the violation occurred to establish a file proposing the application of the expulsion penalty form. In cases of violations discovered by central agencies or specialized units under the Ministry of Public Security, the violation files shall be sent to the Immigration Management Department to establish a file for applying the expulsion penalty form.

2. Within seven days from the date of receiving the violation file, the immigration management agency of the provincial police or the specialized department under the Immigration Management Department shall be responsible for completing the file proposing the application of the expulsion penalty form. The file includes:

a) Summary of the criminal record and acts of violating the law of the person proposed for expulsion;

b) Materials and evidence regarding the administrative law violation;

c) Forms of handling already applied (for cases of repeated violations or recidivism);

d) Document proposing expulsion.

Article 7. Decision on Expulsion Penalty

1. Within three days from the date of receiving the report proposing expulsion from the immigration management agency of the provincial police or the specialized department under the Immigration Management Department, it shall be transferred to the Director of the Provincial Police, the Director of the Immigration Management Department for consideration and issuance of a decision on the expulsion penalty against foreigners committing administrative violations. If there are not sufficient conditions to apply the expulsion penalty form, the discovering agency must be immediately informed.

2. The decision on the expulsion penalty must clearly state the following contents:

a) Date of issuance of the expulsion penalty decision;

b) Name, position of the person issuing the expulsion penalty decision;

c) Name, date of birth, nationality, occupation, passport number/substitute passport number of the person being expelled;

d) Administrative violation act of the person being expelled;

đ) Provisions of the regulatory legal document applied; main form of penalty, supplementary form of penalty, measures to remedy consequences (if any);

e) Time of enforcement of the expulsion penalty decision;

g) Place of expulsion;

h) Border gate for enforcing the expulsion penalty decision;

i) Agency responsible for organizing the enforcement of the expulsion penalty decision;

k) Compulsory residence place of the foreigner during the expulsion procedure;

l) Signature of the person issuing the expulsion penalty decision.

3. The expulsion penalty decision must be sent to the person being expelled and the Ministry of Foreign Affairs of Vietnam, consular agencies, diplomatic missions of the country of which the person being expelled is a citizen or the last country of residence before coming to Vietnam prior to enforcement. The expulsion penalty decision must be expressed in both Vietnamese and English.

Article 8. Rights and Obligations of the Person Subject to Deportation

1. Rights of the person subject to deportation:

a) To be informed of the reasons for deportation and to receive the deportation decision at least 48 hours before its implementation;

b) To contact the diplomatic or consular agency of the country of which they are a citizen to seek protection and assistance;

c) To enjoy the benefits prescribed in Article 31 of this Decree during the period awaiting deportation procedures;

d) To carry their lawful property out of the territory of Vietnam;

đ) To lodge complaints and denunciations in accordance with the laws on handling complaints and denunciations;

2. Obligations of the person subject to deportation:

a) To fully comply with all provisions set forth in the deportation decision;

b) To present identity documents upon request of the immigration management authority;

c) To abide by Vietnamese laws, and to be under the management of the police authority during the period of undergoing deportation procedures;

d) To promptly fulfill all civil, administrative, and economic obligations as prescribed by law (if applicable). In cases where compliance is not voluntary, measures to prevent and ensure the handling of administrative violations will be applied according to Chapter I, Part IV of the Law on Handling Administrative Violations;

đ) To complete all necessary procedures to leave the territory of Vietnam;

Article 9. Suspension of the Execution of the Decision on Deportation Penalty

1. The person subject to deportation may have the execution of the deportation penalty decision suspended in the following cases:

a) Suffering from a serious illness requiring emergency treatment or other health reasons that prevent the execution of the deportation penalty decision, certified by a hospital or healthcare center at district level or higher, or other force majeure situations;

b) Need to fulfill civil, administrative, or economic obligations as prescribed by law;

2. Based on the proposal of the provincial immigration management authority, the Provincial Public Security Director shall consider and issue a decision to suspend the execution of the deportation penalty decision;

3. Based on the proposal of the head of the business department under the Immigration Management Department, the Director of the Immigration Management Department shall consider and issue a decision to suspend the execution of the deportation penalty decision;

4. When the conditions for suspension no longer exist, the deportation penalty decision shall continue to be executed;

Article 10. Documents for Implementing the Decision on Deportation Penalty

1. The documents for implementing the decision on deportation penalty include:

a) The administrative decision on deportation penalty;

b) A copy of the passport or another identity document replacing the passport of the person subject to deportation;

c) Certificates proving the completion of other obligations (if any);

d) Other related documents.

2. The provincial immigration management authority or the business department under the Immigration Management Department of the Ministry of Public Security shall be responsible for preparing the documents in accordance with Clause 1 of this Article;

Chapter III

TEMPORARY DETENTION AND ENFORCEMENT OF PERSONS UNDER ADMINISTRATIVE PROCEDURES AND MANAGEMENT OF FOREIGNERS DURING DEPORTATION PROCEDURES

Section 1

AUTHORITY AND PROCEDURE FOR TEMPORARY DETENTION OF PERSONS UNDER ADMINISTRATIVE PROCEDURES AND MANAGEMENT OF PERSONS TEMPORARILY DETAINED UNDER ADMINISTRATIVE PROCEDURES

Article 11. Temporary Detention of Persons Under Administrative Procedures

Temporary detention of persons under administrative procedures shall only be applied when it is necessary to immediately stop the following acts:

1. Disrupting public order;

2. Causing injury to others;

3. Acts violating Article 5, Clause 20 of the Law on Prevention and Control of Domestic Violence and Clause 1, Article 12 of Decree No. 08/2009/NĐ-CP dated February 4, 2009 detailing and guiding the implementation of certain provisions of the Law on Prevention and Control of Domestic Violence.

Article 12. Authority to Detain Temporarily

The authority to decide on temporary detention according to administrative procedures shall be carried out in accordance with Article 123 of the Law on Handling Administrative Offenses.

Article 13. Decision on Temporary Detention According to Administrative Procedures

The decision on temporary detention according to administrative procedures shall be implemented as follows:

1. In cases where there are sufficient grounds and it is deemed necessary to apply the measure of temporary detention according to administrative procedures against a person who has committed a violation of the law, the authorized person must immediately issue a decision on temporary detention according to administrative procedures.

The decision on temporary detention according to administrative procedures must clearly state the decision number; hour, minute, day, month, year of issuance; full name, rank, position, agency, unit of the issuer; basis for issuing the temporary detention decision, article and clause of applicable legal documents; reason for detention; full name, date of birth, place of birth, place of permanent residence (or temporary residence), occupation, workplace, place of study, identification card number of the person being detained; full name, father's or mother's name or guardian's name of the person being detained (if the person being detained is a minor); nationality, passport number or substitute travel document (if the person being detained is a foreigner); detention period; place of detention; right to appeal, report complaints, initiate litigation regarding the issuance of the temporary detention decision and the implementation of this measure in accordance with the law; signature and stamp of the agency of the person issuing the temporary detention decision. The temporary detention decision shall be made in two copies, one copy given to the person being detained, one copy kept in the file.

2. In cases where it is necessary to extend the detention period, before the end of the detention period stated in the decision, the authorized person to detain shall issue a decision to extend the detention period. The content of the decision must clearly state the decision number, hour, minute, day, month, year of issuance, basis for issuing the decision, article and clause of applicable legal documents; full name, position, rank, agency, unit of the issuer; full name, address, identification card number of the person whose detention period is extended; place of detention; reason, extension period of the detention period; right to appeal, report complaints, initiate litigation against the decision to extend the detention period of the person being detained in accordance with the law and signature and stamp of the agency of the person issuing the decision. The decision to extend the detention period must be made in two copies, one copy given to the person being detained, one copy kept in the file.

3. In cases where the detention period stated in the temporary detention decision has not yet expired, but the grounds for detaining the person have ceased, the issuer of the temporary detention decision must immediately issue a decision to terminate the temporary detention according to administrative procedures. The decision must be handed over to the person who was detained one copy, one copy kept in the file and must be recorded in the book tracking administratively detained persons.

The content of the decision to terminate the temporary detention according to administrative procedures must clearly state the decision number, hour, minute, day, month, year of issuance, basis for issuing the decision; full name, position, rank, agency, unit of the issuer; full name, address, identification card number or passport or other substitute travel documents of the person whose detention is terminated; reason for terminating the detention, article and clause of applicable legal documents and signature and stamp of the agency of the person issuing the termination decision.

4. When there are grounds to believe that the criminal offense of the person temporarily detained according to administrative procedures has characteristics of a crime, then the issuer of the temporary detention decision must immediately transfer the file and the person being detained along with the evidence and means of violation (if any) to the competent criminal proceedings agency to handle in accordance with the law.

Article 14. Duration of Temporary Detention

1. The duration of temporary detention under administrative procedures shall be implemented in accordance with the provisions of Clause 3, Article 122 of the Law on Handling Administrative Violations.

2. The duration of temporary detention must be specifically recorded in the decision on temporary detention under administrative procedures, indicating how many hours the detention will last; starting from which hour to which hour of the day, month, and year the decision on temporary detention was issued.

3. In all cases, temporary detention under administrative procedures must be based on a written decision by the competent authority. Arbitrary detention without a written decision is strictly prohibited.

4. Upon expiration of the duration of temporary detention under administrative procedures or in the case stipulated in Clause 3, Article 13 of this Decree, the person issuing the decision on temporary detention must immediately terminate the detention of the detainee and record it in the administrative detention tracking log, with the signature of confirmation from the detainee. If the detainee refuses to sign for confirmation, the person issuing the decision on temporary detention must prepare a record or assign someone directly performing the duty to prepare the record and clearly state the reason in the record, which must have the signatures of the witness (if any), the recorder, and the person who issued the decision on temporary detention.

Article 15. Notification of Decision on Temporary Detention

1. Immediately after issuing the decision on temporary detention, upon request of the detainee, the person issuing the decision on temporary detention must notify in writing, by telephone, fax, or other means of communication about the decision on temporary detention under administrative procedures to the family, workplace, or educational institution of the detainee. If notification cannot be made, it must be reported to the detainee and recorded in the administrative detention tracking log.

2. In the case of temporarily detaining a minor violator at night or detaining them for more than six hours, the person issuing the decision on temporary detention must immediately notify their parents or guardian. If the parents or guardian cannot be identified or due to objective reasons notification cannot be made, it must be reported to the detainee and the reason must be clearly recorded in the administrative detention tracking log.

3. In the case where the detainee is a foreigner, the person issuing the decision on temporary detention must immediately report to the head of the superior competent authority to inform the Ministry of Foreign Affairs (for provinces and centrally-administered cities from Thua Thien Hue and beyond, inform the Consular Department; for the remaining provinces and centrally-administered cities, inform the Department of Foreign Affairs of Ho Chi Minh City) to inform the diplomatic or consular agency of the country of which the detainee is a citizen; simultaneously, coordinate with the Ministry of Foreign Affairs to arrange for representatives of the diplomatic or consular agency of that country to visit if requested and to handle other related foreign affairs issues.

Article 16. Reception of Detainees

1. When receiving detainees, the person responsible for managing the detainees must check and compare the decision on temporary detention with the detainee; inspect the personal belongings of the detainee allowed to bring along; record in the detention tracking log as prescribed; disseminate the rights and obligations of the detainee, the rules of the detention facility, and other relevant regulations for them to comply with.

2. In the case where the detainee does not voluntarily comply with the regulations on temporary detention, necessary coercive measures must be applied according to the laws on preventing, stopping, and handling acts of obstructing public officials in the performance of their duties to compel compliance.

Article 17. Detention Record

1. The agencies and units authorized to detain administrative violators must maintain records and ledgers to track the management of administrative violators in accordance with the provisions of the law.

2. All issues related to the detention of persons under administrative procedures must be fully recorded in the detention record of administrative violators in accordance with the provisions of the law.

Article 18. Rights and Obligations of Detained Persons

1. Detained persons have the following rights:

a) To be informed about the application of the detention measure under administrative procedures;

b) To request the decision-maker to notify their family, workplace, or educational institution about their detention as stipulated in Article 15 of this Decree;

c) To know the reasons for detention, the duration of detention, and the place of detention; to lodge complaints regarding the detention;

d) To ensure food standards as prescribed in Article 22 of this Decree;

đ) To receive medical treatment and care when ill as prescribed in Article 23 of this Decree.

2. Detained persons have the following obligations:

a) To strictly comply with the detention decision, internal regulations, and rules of the detention facility;

b) To follow the requirements and orders of the decision-maker and those assigned to manage and protect the detention facility;

c) To truthfully report their own acts of law violation and those of other related individuals;

d) Not to bring weapons, explosives, auxiliary tools, mobile phones, harmful cultural products, alcohol, or other addictive substances, or any items that may affect the order and safety of the detention facility into the detention facility.

Article 19. Detention Facility

1. The administrative detention facility is an administrative detention house or room arranged at the office of the agency or unit where the authority issuing the detention decision works. In cases where there is no administrative detention house or room, temporary detention can take place in the duty room or another room at the workplace, but general regulations must be ensured. It is strictly prohibited to detain administrative violators in criminal detention rooms or places that do not guarantee hygiene and safety for detained persons.

The administrative detention house or room must be equipped with locks, ensuring adequate lighting, ventilation, hygiene, fire prevention, and firefighting safety, facilitating supervision and protection. Detained persons staying overnight must be provided with beds or floors to lie on and must have quilts, blankets, and mosquito nets; the minimum space for each person is 2 square meters.

2. Agencies responsible for preventing and combating law violations that frequently need to detain administrative violators should arrange, design, and construct separate administrative detention houses or rooms, including separate detention areas for minors, women, or foreigners, and must have dedicated staff to manage and protect them.

The form and scale of the administrative detention facility for violators must be based on the nature, characteristics, conditions, volume of detained persons, and practical requirements of administrative detention in specific sectors, fields, and regions to appropriately arrange, design, and construct.

3. For aircraft, ships, or trains after leaving airports, ports, or stations, depending on the specific conditions and types of violations, the aircraft commander, ship captain, or train conductor decides on the detention location and assigns personnel to carry out the detention.

4. The Minister of Public Security shall be responsible for organizing and arranging detention facilities and directing the design and construction of administrative detention facilities based on the provisions of the Law on Handling Administrative Violations and this Decree.

Article 20. Management of Persons Under Temporary Detention

The person assigned to manage persons under temporary detention and protect the place of temporary detention shall be responsible for:

1. Continuously supervising, protecting, and watching over persons under temporary detention. If they observe signs of abnormal psychology, health, or behavior from such persons, or discover circumstances related to the violation case or other violations, they must immediately report to the decision-maker of the temporary detention to take timely measures.

In cases where weapons, explosive materials, support tools, evidence, or means of administrative violation are found to be concealed by the person under temporary detention, a record of temporary detention of these items must be established. If the person under temporary detention has injuries or an abnormal health condition, a record of their health status must be made, and they must immediately report this to the decision-maker of the temporary detention to take timely measures.

2. Personal belongings and property of persons under temporary detention must be deposited at the place of temporary detention. The handover and receipt of deposited personal belongings and property must be fully and specifically recorded in the temporary detention tracking book and must have the signature of the person under temporary detention. In cases where the quantity of deposited personal belongings and property is large or their value is significant, a separate handover and receipt record must be established, detailing the full and specific quantity, type, identification marks, form, and condition of the items, as well as other relevant issues. The record must be made in two copies, bearing the signatures of the person under temporary detention, the custodian of the property, and one copy must be given to the person under temporary detention. Upon completion of the temporary detention period or transfer to another location, the person under temporary detention must be returned all deposited property. If the custodian of personal belongings and property causes loss or damage, compensation must be provided according to the law.

Article 21. Handover and Receipt of Persons Engaged in Administrative Violations

1. The authorized person for temporary detention must establish a record of handover and receipt of persons engaged in administrative violations with the organization or individual escorting the violator there or assign a person performing the duty to establish the record of handover and receipt.

2. The record of handover and receipt of persons engaged in administrative violations must clearly state the time, date, and place of establishment of the record; the name, position, address of the individual or organization handing over and receiving; the name, address, ID number or other identity document of the person engaging in administrative violations; the act of violation; the time and place of committing the act of violation; the health status and attitude of the person engaging in administrative violations, their evidence and property (if any), and other relevant circumstances regarding the handover and receipt of the violator; if there are witnesses or victims, the content of the event they witnessed and the damages caused by the person engaging in administrative violations must be clearly stated, along with their names and addresses. The record must bear the signatures of the parties handing over and receiving, the person engaging in administrative violations, the victim, and the witness (if any); the authorized person for temporary detention according to administrative procedures must sign the record of handover and receipt of the violator. If the violator, victim, or witness refuses to sign, the person establishing the record must clearly state the reason in the record.

The record of handover and receipt of persons engaged in administrative violations must be made in two copies and read aloud for all participants to hear; each party handing over and receiving must keep one copy.

3. Immediately after the administrative violation is discovered, stopped, and a record of the violation is established, or after the record of handover and receipt of persons engaged in administrative violations is established, if it is determined that temporary detention according to administrative procedures is necessary, the authorized person for temporary detention according to administrative procedures must immediately issue a temporary detention decision.

In cases where there is insufficient basis or it is not necessary to apply the temporary detention measure according to administrative procedures, the person must be released immediately and all means of transportation, property, and documents (if any) must be returned to them if these items are not subject to the temporary detention of evidence and means of administrative violation.

Article 22. Dietary Regime for Persons Under Temporary Detention

1. In cases where the person under temporary detention or their family cannot ensure their own dietary needs, the agency or unit of the authority deciding on temporary detention shall be responsible for ensuring the dietary regime for the person under temporary detention according to a standard quantity of 0.6 kilograms of regular white rice, 0.1 kilograms of regular pork, 0.5 kilograms of green vegetables, 01 liter of boiled water cooled down, fish sauce, salt, and appropriate fuel. This regime is funded from the state budget and converted into money based on market prices at each locality at each time point.

2. In cases where the person under temporary detention is detained during Tet holidays or if their health condition does not meet requirements and upon the doctor's instruction, the person under temporary detention may have additional meals, but the total meal amount (including additional meals) shall not exceed five times the daily standard; in cases where the person under temporary detention is detained on public holidays or New Year's Day, they may have additional meals, but not exceeding three times the daily standard.

The detention facility may decide to adjust the aforementioned meal quantities to suit the actual situation and taste preferences of the person under temporary detention to ensure that they consume the full standard.

3. Agencies or units with the function of administratively detaining persons must maintain records to monitor, settle accounts, and finalize the dietary regime of persons under temporary detention in accordance with the law.

Article 23. Cases Where a Person Under Temporary Detention Falls Ill or Dies During Detention

1. A person under temporary detention who falls ill shall be treated on-site; in cases of serious illness or emergency, the agency or unit where the person is detained shall be responsible for transporting them to a medical facility and immediately informing their family or close relatives to provide care; if the family or close relatives submit a request to take the person home for care and it is determined that continued detention is not truly necessary, the authority deciding on temporary detention may decide to terminate the detention early and allow the person to return home for treatment; in cases where the person under temporary detention has no fixed residence or their family or close relatives live far away and cannot arrive in time to provide care, the agency or unit where the person is detained shall directly assume the responsibility for providing care.

2. In cases where a person under temporary detention dies during detention, the authority issuing the detention decision must immediately inform the investigative agency and the competent prosecution agency to handle the matter in accordance with the law, while simultaneously notifying the deceased's family or close relatives. If the deceased is a foreign national, the authority issuing the detention decision must immediately report to the superior authority for notification to the Ministry of Foreign Affairs or other competent state agencies to coordinate with the diplomatic or consular mission of the country of which the deceased is a citizen to cooperate in handling the matter.

The family of the deceased is responsible for burial. In cases where the deceased has no family, the burial will be handled by the agency or unit where the person was detained in coordination with the local government where the detention took place; the burial expenses in this case shall be borne by the state budget in accordance with the law.

Section 2

AUTHORITY AND PROCEDURES FOR ENFORCING PERSONS UNDER ADMINISTRATIVE DETENTION PROCEDURES

Article 24. Escorting violators

1. In cases where violators do not voluntarily comply with the requests of authorized persons, they shall be escorted under the following circumstances:

a) Being temporarily detained according to administrative procedures;

b) Being returned to educational facilities for compulsory education, compulsory educational institutions, or compulsory drug rehabilitation centers as prescribed in Clause 2, Article 132 of the Law on Handling Administrative Violations;

c) Persons being expelled who do not voluntarily comply with expulsion penalty decisions or who engage in resistance or escape behavior.

2. Authorized persons as stipulated in Article 25 of this Decree shall carry out escorting violators while performing their duties.

3. During the escorting period, the management of escorted persons shall be carried out in accordance with Articles 18, 19, 20, 22, and Article 23 of this Decree.

Article 25. Authority to implement escorting

The following persons carrying out official duties shall implement escorting violators according to administrative procedures:

1. People's Police officers.

2. Border Guard soldiers.

3. Coast Guard police officers.

4. Customs officials.

5. Forest Rangers.

6. Tax officials.

7. Market Inspectors.

8. Inspectors and persons assigned to perform specialized inspection tasks.

9. Enforcement officers executing civil judgments.

Article 26. Procedures for implementing escorting

1. Before escorting, authorized persons carrying out escorting duties must explain to the escorted person about their rights and obligations during the escorting process as prescribed by law, and answer any questions raised by the escorted person.

2. During escorting, absolute safety must be ensured for authorized persons carrying out escorting duties and for the escorted person. The use of weapons and support tools when applying escorting measures must be carried out in accordance with the provisions of the law.

If the escorted person shows signs of attempting to escape or engages in acts opposing law enforcement personnel, the escorting staff must immediately report to the authorized person to issue a decision to temporarily detain the person according to administrative procedures.

3. Escorting staff must closely monitor and manage the escorted person, remain vigilant, take proactive and timely action to handle complex situations that may arise; they must not arbitrarily address the requests of the escorted person while escorting is underway.

Article 27. Handover and receipt of escorted persons

1. Authorized persons carrying out escorting duties must establish a handover and receipt record with the receiving agency for the escorted person.

2. When arriving at the location to carry out escorting, authorized persons must invite representatives from the local government where the escorted person resides or is managed, representatives from the organization or institution where the escorted person works or studies, and witnesses.

3. Conduct verification and comparison of photographs, personal identification documents, confirm the identity of the administrative violation offender being escorted, and establish a record of the administrative violation escorting procedure.

Article 28. Establishing an escorting record

The escorting record of violators who do not voluntarily comply with the requests of authorized persons as prescribed in Clause 1, Article 24 of this Decree must include the following contents:

1. Clearly state the hour, minute, date, month, year, and location of the record establishment.

2. Record the name, position, address of the individual or organization handing over and receiving; the name, address, ID card number or other personal identification document number of the administrative violation offender being escorted; the violation act; time and place of committing the violation act; health condition, attitude of the violator, evidence and property (if any) and other relevant circumstances related to the escorting of the violator; if there are witnesses, clearly record their name and address.

3. The record must have signatures of the parties handing over and receiving, and of the violator being escorted and the witness (if any); the authorized person temporarily detaining the violator according to administrative procedures must sign the handover and receipt record of the violator. If the violator being escorted or the witness refuses to sign, the record maker must clearly note the reason in the record.

4. The handover and receipt record of the administrative violation offender being escorted must be established in two copies and read aloud for all participants signing the record to hear; each party receiving and handing over the violator keeps one copy.

Article 29. Handling Certain Situations During Escort

1. In cases where the person being escorted engages in acts of resistance, the escorting officer shall explain the legal provisions and request compliance with the decision; if necessary, the escorting officer has the right to use force, bind, handcuff, leg-shackle, or use weapons and auxiliary tools as prescribed by law to control and neutralize the acts of resistance of the person being escorted.

2. In cases where the violator escapes, the enforcement officer must prepare a record signed by a witness; if there is no witness, the reason must be clearly stated in the record.

Section 3

MANAGEMENT OF FOREIGNERS DURING DEPORTATION PROCEDURES

Article 30. Management of Foreigners During Deportation Procedures

1. The head of the business department under the Exit and Entry Administration Department or the head of the exit and entry management department of the provincial police (where the deportation application file is established) shall propose to the Director of the Exit and Entry Administration Department or the Provincial Police Chief to decide on the application of management measures for foreigners during the time of deportation procedures in the following cases:

a) When there is evidence that, without applying necessary measures to manage them, they will evade or obstruct the execution of the deportation penalty decision;

b) To prevent them from continuing to commit violations of the law.

2. Management measures:

a) Restrict the movement of the person being managed;

b) Designate a place of residence for the person being managed;

c) Temporarily detain their passport or other personal documents instead of a passport;

d) Compel them to reside at a detention facility managed by the Ministry of Public Security as provided for in Clause 3 of this Article.

3. A person subject to deportation must reside at a detention facility managed by the Ministry of Public Security if they fall into one of the following situations:

a) The person subject to deportation does not have a passport or substitute passport, and does not have the necessary conditions to carry out the deportation (air tickets, visas...);

b) They do not have a permanent or temporary residence;

c) They violate the provisions of Clause 2 of this Article or do not comply with the management and supervision measures of the competent authority;

d) They commit acts of violating the law or there is evidence that they may commit acts of violating the law during the waiting period for departure;

đ) They engage in escape, prepare to escape, or other acts causing difficulties for the execution of the deportation penalty decision;

e) They suffer from particularly dangerous infectious diseases as prescribed by the Law on Prevention and Control of Infectious Diseases;

g) Voluntarily request to enter a detention facility.

4. Detention centers, temporary detention facilities, or prisons shall not be used to manage foreigners during deportation procedures.

1. Housing Conditions:

a) Collective dormitories are arranged according to gender (male, female); minimum floor area of 3 square meters per person, with a bathroom, bedsheet, quilt, and mosquito net;

b) Persons suffering from particularly dangerous infectious diseases as prescribed by the Law on Prevention and Control of Infectious Diseases, persons suffering from mental illness, or other illnesses that impair cognitive or behavioral control abilities must be arranged in separate isolation rooms.

2. Food and Clothing Conditions:

a) The food standard for each person per month is calculated as follows: 17 kg of regular white rice; 0.7 kg of meat; 0.8 kg of fish; 0.1 kg of salt; 0.5 kg of medium-grade sugar; 0.75 liters of fish sauce; 0.1 kg of monosodium glutamate; 15 kg of green vegetables and 15 kg of firewood or 17 kg of coal. This quantity is converted into money based on the local market price at the location of the detention facility. On national holidays (as stipulated by the Vietnamese Government), persons subject to deportation during deportation procedures at the detention facility are allowed additional meals, but the food standard (including both the daily standard and the additional amount) shall not exceed five times the daily standard. The detention facility may adjust the food quantities mentioned above to meet practical needs to ensure that residents consume the full standard;

b) Persons subject to deportation during deportation procedures at the detention facility are allowed to bring essential personal items into the detention facility for use as prescribed by the Ministry of Public Security. If lacking clothing, they may be provided with one to two sets of regular fabric clothing depending on the length of stay.

3. Physical Exercise, Sports, Cultural, Artistic Activities, Communication, and Property Management:

a) Persons subject to deportation during deportation procedures at the detention facility are allowed to engage in healthy physical exercise, sports, cultural, and artistic activities within the premises of the detention facility. Each room is equipped with a color television set and can borrow books and newspapers from the detention facility. The time for physical exercise, sports, cultural, and artistic activities, watching television, and listening to the radio is regulated by the detention facility;

b) Persons subject to deportation during deportation procedures at the detention facility are allowed to communicate by telephone and send letters to relatives and consular authorities as prescribed by the detention facility. Telephone and postage fees are borne by the resident;

c) Persons subject to deportation during deportation procedures at the detention facility who have cash or valuable items must deposit them with the detention facility's safekeeping service and retrieve them before departure. The detention facility is responsible for issuing a safekeeping book or tracking slip for persons subject to deportation during their stay at detention facilities to use as a substitute for cash for daily living expenses.

4. Visitation Rights:

a) Persons subject to deportation during deportation procedures at the detention facility are allowed to meet relatives or legal representatives in the visiting room of the detention facility once a week, with each visit not exceeding four hours;

b) Persons subject to deportation during deportation procedures at the detention facility who comply well with the rules of the detention facility may be allowed to meet their spouse in a private room of the detention facility once a week, with each visit not exceeding twenty-four hours;

c) The decision to allow relatives to visit persons subject to deportation during deportation procedures at the detention facility is made by the person in charge of the detention facility.

d) When permitted to visit, a person being deported during the deportation procedure at the detention facility may receive letters, cash, and items in accordance with regulations. The detention facility is responsible for inspecting letters, cash, and items before they are brought into the facility. Visitors must strictly comply with Vietnamese laws, visiting rules, and regulations, and follow the guidance of the facility staff.

5. Medical examination and treatment regime:

a) During the deportation procedure at the detention facility, if a person being deported falls ill, they shall be examined and treated at the facility's clinic. In cases where the illness is severe and exceeds the treatment capacity of the facility's medical services, the Department of Exit and Entry Administration or the provincial police force where the deportation file was established shall be responsible for transporting them to a medical facility for treatment; simultaneously, they shall notify the Ministry of Foreign Affairs (Consular Department or Ho Chi Minh City Department of Foreign Affairs) to inform the diplomatic or consular mission of the country of which the person is a citizen.

b) If a person being deported during the deportation procedure at the detention facility is pregnant and reaches the time of childbirth, the detention facility shall be responsible for transporting them to a local medical facility for childbirth.

c) The detention facility shall coordinate with hospitals and the provincial public security exit and entry management department where the detention facility is located to manage persons residing in the facility during their treatment or childbirth at the hospital.

6. Regime for children who are the offspring of persons being deported during the deportation procedure at the detention facility and reside with their parents there:

Children under 16 years old who are the offspring of persons being deported during the deportation procedure at the detention facility and reside with their parents there shall be allocated sleeping space in the same room as their parents, in accordance with actual conditions and age and gender characteristics. Food, clothing, accommodation, medical examination and treatment, and funeral expenses shall be implemented according to the regime for persons residing in the facility. On June 1st and Mid-Autumn Festival Day, they shall enjoy double the daily food allowance; if sick, they shall be provided with medical examination and treatment; if deceased, funeral expenses shall be granted as for persons residing in the facility.

1. In cases where a foreigner dies during the deportation procedure, the Director of the Department of Exit and Entry Administration or the Provincial Police Chief where the deportation file was established must immediately report to the competent investigative and prosecution authorities and partner organizations in Vietnam (if any); simultaneously, they shall notify the Ministry of Foreign Affairs (Consular Department or Ho Chi Minh City Department of Foreign Affairs) to inform the diplomatic or consular mission of the country of which the person is a citizen to cooperate in handling the matter.

2. The repatriation of the body of a foreigner who died during the deportation procedure and the costs associated with burial and repatriation shall be the responsibility of relatives, family members, the organization or institution where the person worked or studied, or the diplomatic or consular mission of the country of which the person is a citizen.

3. In cases where these methods cannot be implemented, the Department of Exit and Entry Administration or the provincial police force where the deportation file was established shall be responsible for implementation.

Article 33. Handling cases where individuals subject to deportation resist, escape, or fail to comply with the deportation penalty decision

2. Escort to designated residence, accommodation facility for management, supervision, or compel departure from the territory of Vietnam.

Chapter IV

RESPONSIBILITIES OF STATE AUTHORITIES IN TEMPORARILY DETAINING, ESCORTING INDIVIDUALS PURSUANT TO ADMINISTRATIVE PROCEDURES AND APPLYING DEPORTATION PENALTIES

Article 34. Responsibilities of the Ministry of Public Security

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

2. Direct public security units and localities to manage individuals subject to deportation during the deportation procedure; organize deportation according to the decision; hand over the individual to the immigration management agency when requested; at the same time, coordinate with relevant agencies to ensure the rights and obligations of individuals subject to deportation.

3. Inspect, audit, resolve complaints and denunciations regarding the application of temporary detention and escort procedures and the enforcement of deportation penalty decisions.

Article 35. Responsibilities of the Ministry of Foreign Affairs

1. Handle diplomatic procedures related to the execution of deportation decisions and other related procedures in cases where individuals temporarily detained and escorted pursuant to administrative procedures are foreigners.

2. Exchange and provide information related to competent foreign authorities, diplomatic missions, and consular offices of the country whose passport or substitute passport holder has been subjected to temporary detention and escort procedures and deportation penalties.

3. Direct provincial foreign affairs departments to cooperate with functional agencies, diplomatic missions, or consular offices of the country whose passport or substitute passport holder has been administratively detained, deported (in case of death) to resolve the matter.

Article 36. Responsibilities of the Ministry of Finance

Ensure funding for the application of temporary detention and escort procedures and the imposition of deportation penalties according to the annual budget plan assigned to the Ministry of Public Security.

Article 37. Responsibilities of the Ministry of Health

1. Direct and guide health agencies and affiliated hospitals to organize medical examinations, treatment, healthcare, and health assessments for individuals temporarily detained and subject to deportation penalties if they suffer from serious illness requiring treatment as stipulated in Clause 1, Article 9 and Clause 5, Article 31 of this Decree.

2. Guide the issuance of health condition certificates for individuals subject to deportation if they suffer from serious illness requiring treatment as stipulated in Point a, Clause 5, Article 31 of this Decree.

Article 38. Responsibilities of the People's Committee of the province

Within their scope of duties and authority, the People's Committee of the province is responsible for coordinating with relevant ministries and sectors to direct local functional agencies in applying temporary detention and escort procedures and imposing deportation penalties.

Article 39. Responsibilities of agencies, organizations, and individuals inviting foreigners to Vietnam or requesting visa extension for foreigners subject to deportation

1. Cooperate and assist competent authorities in implementing deportation penalties.

2. Bear all costs or provide financial guarantees in cases where the individual subject to deportation lacks financial capacity at the location to pay costs as prescribed by Vietnamese law.

Chapter V

IMPLEMENTING PROVISIONS

Article 40. Effectiveness of the Decree

This Decree takes effect from November 17, 2013. It replaces Decree No. 97/2006/NĐ-CP dated September 15, 2006 on the application of expulsion penalties through administrative procedures, Decree No. 15/2009/NĐ-CP dated February 13, 2009 amending and supplementing certain articles of Decree No. 97/2006/NĐ-CP dated September 15, 2006 on the application of expulsion penalties through administrative procedures, Decree No. 162/2004/NĐ-CP dated September 7, 2004 promulgating the Interim Rules for Administrative Detention, and Decree No. 19/2009/NĐ-CP dated February 19, 2009 amending and supplementing certain articles of Decree No. 162/2004/NĐ-CP dated September 7, 2004 promulgating the Interim Rules for Administrative Detention.

Article 41. Responsibility for Implementing the Decree

1. The Minister of Public Security shall, based on their functions and responsibilities, provide detailed regulations to implement this Decree.

2. The Ministers of Public Security, National Defense, Finance, Industry and Trade, Agriculture and Rural Development, Transport, Foreign Affairs, and Health shall be responsible for regularly directing, guiding, and inspecting the temporary detention, escorting of persons through administrative procedures, and the application of expulsion penalties within their respective areas of management.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.