Decree No. 142/2021/NĐ-CP on forms of administrative expulsion penalties, measures for temporary detention of persons, escorting violators through administrative procedures, and managing foreign nationals violating Vietnamese laws during the expulsion process.

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

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated June 16, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated November 25, 2019;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree stipulating the form of expulsion penalty, temporary detention measures, escorting violators through administrative procedures, and managing foreign nationals who violate Vietnamese laws during the process of expulsion procedures.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for:

1. The subjects to which it applies, procedures for applying the form of expulsion penalty; rights and obligations of those subject to the form of expulsion penalty; management measures for foreign nationals who violate Vietnamese laws during the process of expulsion procedures and responsibilities of agencies and organizations in enforcing the form of expulsion penalty.

2. Subjects to which it applies, procedures for temporary detention and escorting violators through administrative procedures; cases where temporary detention and escorting violators through administrative procedures are applied; rights and obligations of those subject to temporary detention and escorting violators through administrative procedures.

3. Other relevant provisions related to the application of the form of expulsion penalty and temporary detention measures, escorting violators through administrative procedures.

Article 2. Applicability

This Decree applies to:

1. Persons who commit administrative violations and are temporarily detained according to administrative procedures as prescribed in Article 16 of this Decree.

2. Persons who commit violations and are escorted according to the provisions of Article 124 of the Law on Handling Administrative Violations.

3. Foreign nationals who commit violations of Vietnamese laws and must be expelled according to the provisions of Article 27 of the Law on Handling Administrative Violations.

4. Authorities authorized to apply the form of expulsion penalty according to the provisions of Article 39 of the Law on Handling Administrative Violations; authorities authorized to temporarily detain persons according to administrative procedures according to the provisions of Article 123 of the Law on Handling Administrative Violations; authorities currently performing official duties implementing the escorting of violators according to the provisions of Clause 2, Article 124 of the Law on Handling Administrative Violations.

5. Other agencies, units, and organizations related to the application of the form of expulsion penalty, temporary detention measures, escorting violators through administrative procedures, and managing foreign nationals who violate Vietnamese administrative laws during the process of expulsion procedures.

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

1. Temporary detention of persons according to administrative procedures and the application of the form of expulsion penalty must ensure compliance with principles, correct subjects, procedures, authority, and time limits prescribed in the Law on Handling Administrative Violations, the provisions of this Decree, and other relevant legal provisions.

2. Strictly prohibit any acts that infringe upon the life, health, honor, dignity, property of persons temporarily detained, escorted according to administrative procedures, and persons subject to the form of expulsion penalty.

3. Temporary detention of persons, escorting violators through administrative procedures, and applying the form of expulsion penalty shall be carried out according to the provisions of Articles 122 and 124 of the Law on Handling Administrative Violations.

Article 4. Funding Assurance

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

a) Expenditures for investment, construction, repair, and upgrading temporary detention facilities;

b) Expenditures for purchasing equipment, means of transportation, weapons, support tools, and other conditions serving temporary detention and escorting violators through administrative procedures;

c) Expenditures for food, drink, medical examination, and treatment for temporarily detained persons, costs for organizing funerals when temporarily detained persons die during detention or escorting if they or their families cannot self-assure such expenses;

d) Other expenditures serving temporary detention according to administrative procedures;

đ) Preparing files to propose the application of the form of expulsion penalty, managing foreign nationals during the process of expulsion procedures, searching for escaped expellees, and enforcing expulsion decisions.

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

Chapter II
EXPULSION PENALTY AND MANAGEMENT OF FOREIGN NATIONALS

VIOLATING VIETNAMESE LAWS DURING THE PROCESS

OF EXPULSION PROCEDURES

Article 5. Subjects to be subject to expulsion penalty form

Foreign individuals committing administrative violations within the territory, adjacent territorial sea, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; on aircraft with Vietnamese nationality, ships flying the flag of Vietnam shall be subject to the expulsion penalty according to the provisions of Article 27 of the Law on Handling Administrative Violations depending on the severity of the violation.

Article 6. Authority to apply the expulsion penalty form

The agencies and persons authorized to apply the expulsion penalty form shall be implemented according to the provisions of point d, Clause 5, Clause 7, Article 39 of the Law on Handling Administrative Violations.

Article 7. Rights and obligations of individuals subject to the expulsion penalty form

1. Individuals subject to the expulsion penalty form have the following rights:

a) To know the reason for expulsion and receive the expulsion decision at least 48 hours before its implementation;

b) To request an interpreter when working with the agency or authorized person;

c) To enjoy the benefits prescribed in Circular No. 65/2020/ND-CP dated June 10, 2020 on organization and treatment regimes for individuals staying at accommodation facilities during the waiting period for departure;

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

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

2. Obligations of expelled individuals:

a) To fully comply with all regulations recorded in the administrative violation penalty decision that applies the expulsion penalty form;

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

c) To abide by Vietnamese laws, and be under the management of the police agency during the expulsion procedures;

d) To promptly fulfill all civil, administrative, and economic obligations as stipulated by law (if applicable);

đ) To complete necessary procedures to leave Vietnam's territory.

Article 8. Documents for proposing the application of the expulsion penalty form

1. Within two working days, the agency discovering the violation, if it deems a foreign individual has committed a violation sufficient to warrant the application of the expulsion penalty form, must send relevant materials, evidence, and seized items (if any) related to the violation to the provincial immigration management agency where the foreign individual is registered as a resident or temporary resident, or where the violation occurred, to establish the documents for 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 documents shall be sent to the Immigration Administration Department to establish the documents for proposing the application of the expulsion penalty form.

2. Within three working days from the date of receiving the violation documents, the provincial immigration management agency or specialized units under the Immigration Administration Department shall be responsible for completing the documents for proposing the application of the expulsion penalty form. The documents include:

a) Summary of the background and administrative law violations of the individual proposed to be subject to the expulsion penalty form;

b) Administrative violation record of the individual proposed to be subject to the expulsion penalty form;

c) Materials and evidence of administrative violations;

d) Documentation of previously applied administrative violation penalties (for repeat or recidivist offenses);

đ) Proposal document for applying the expulsion penalty form.

3. The establishment of documents for applying the expulsion penalty form for foreign individuals committing administrative violations in cases where it is a supplementary penalty form as stipulated in Clause 2, Article 21 of the Law on Handling Administrative Violations shall be carried out according to the provisions of Clauses 1 and 2 of this Article.

Article 9. Decision on the Application of Deportation Sanction

1. Within two working days from the date of receipt of the document proposing the application of the deportation sanction form of administrative penalty issued by the provincial public security management agency for entry and exit or the business department under the General Department of Immigration, the Director of the provincial public security agency or the Director of the General Department of Immigration must examine and issue a decision on the deportation sanction against foreign individuals who have violated administrative regulations. If the conditions for applying the deportation sanction are not met, they must immediately notify the discovering agency.

2. The decision on the application of the deportation sanction must clearly record the following contents:

a) Place name, date, month, year of issuance;

b) Legal basis for issuing the Decision;

c) Administrative violation report, verification results, explanatory documents of the person proposed to be subject to the deportation sanction;

d) Name, position of the decision maker;

đ) Name, date of birth, month, year, nationality, occupation, passport number or substitute passport document of the person subject to the deportation sanction;

e) Administrative violation behavior of the person subject to the deportation sanction; aggravating circumstances, mitigating circumstances;

g) Provisions of regulatory legal documents applied;

h) Principal penalty form, supplementary penalty form, measures to remedy consequences (if any);

i) Right to appeal, initiate litigation against the decision;

k) Effectiveness of the Decision; deadline for implementing the decision; place of deportation; place of implementing the decision; compulsory residence of foreigners during the deportation procedure;

l) Name, signature of the decision maker;

m) Agency responsible for organizing the implementation of the decision.

3. The decision on the application of the deportation sanction must be sent to the person being deported and the Ministry of Foreign Affairs of Vietnam, consular agencies, diplomatic representative agencies of the country where the person being deported is a citizen or the last country of residence before coming to Vietnam, prior to implementation according to Article 84 of the Law on Handling Administrative Violations. The deportation decision must be expressed in both Vietnamese and English.

4. The decision on the application of the deportation sanction form of administrative penalty for foreign individuals who violate administrative regulations in cases defined as supplementary sanctions under Clause 2, Article 21 of the Law on Handling Administrative Violations shall be implemented according to Clauses 1, 2, and 3 of this Article.

Article 10. Implementation of the Decision on the Application of the Deportation Sanction

1. The public security agency, the authority with the power to apply the deportation sanction, is responsible for organizing the implementation of the decision on the application of the deportation sanction; at the same time, it has the responsibility to transfer all related files, documents, evidence, means of administrative violations (if any) to the agency receiving the decision on the application of the deportation sanction for the implementation of the deportation sanction decision according to the Law on Handling Administrative Violations.

2. In cases where the person subject to the deportation sanction refuses to accept the penalty decision, the authority with the power shall make a record of the refusal, send it to the Ministry of Foreign Affairs of Vietnam, consular agencies, diplomatic representative agencies of the country where the person being deported is a citizen or the last country of residence before coming to Vietnam.

3. Individuals who are foreign nationals subject to the deportation sanction must comply with the penalty decision according to Clause 1, Article 73 of the Law on Handling Administrative Violations in 2012.

4. The implementation of the decision on the application of the deportation sanction form of administrative penalty for foreign individuals who violate administrative regulations in cases defined as supplementary sanctions under Clause 2, Article 21 of the Law on Handling Administrative Violations shall be carried out according to Clauses 1, 2, and 3 of this Article.

Article 11. Suspension of Execution of Decision on Deportation Penalty

1. The suspension of execution of the decision on deportation penalty shall be implemented in the following cases:

a) Seriously ill, requiring emergency treatment, or for other health reasons unable to execute the decision on deportation penalty, with certification from a hospital or medical facility at the district level or higher;

b) Required to fulfill civil, administrative, or economic obligations as prescribed by law.

2. Authority to issue decisions suspending the execution of decisions on deportation penalties:

a) Based on the proposal of the Provincial Public Security Director or the Head of the foreigner management unit under the Exit and Entry Administration Department or the Head of the business department under the Exit and Entry Administration Department of the Ministry of Public Security, the Director of the Exit and Entry Administration Department of the Ministry of Public Security shall examine and issue a decision to suspend the execution of the decision on deportation penalty for cases where the Director of the Exit and Entry Administration Department of the Ministry of Public Security has issued the deportation decision;

b) Based on the proposal of the Head of the exit and entry management unit or the Provincial Public Security Director, they shall examine and issue a decision to suspend the execution of the decision on deportation penalty for cases where the Provincial Public Security Director has issued the deportation decision.

3. The suspension of execution of the decision on deportation penalty for foreigners who have violated administrative regulations, when it is stipulated as a supplementary penalty according to Clause 2, Article 21 of the Law on Handling Administrative Violations, shall be carried out according to the provisions of Clauses 1, 2, and 3 of this Article.

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

Article 12. Documents for Applying Deportation Penalty

1. Documents for applying the deportation penalty include:

a) Decision on applying the deportation penalty;

b) Administrative violation record;

c) Proposal documents for applying the deportation measure as prescribed in Article 8 of this Decree;

d) Copy of passport or copy of other identity papers instead of passport of the person to be deported;

đ) Certificates proving completion of other obligations (if any);

e) Other related documents.

2. The provincial public security exit and entry management agency or the business department under the Exit and Entry Administration Department of the Ministry of Public Security shall be responsible for establishing the documents for applying the deportation penalty according to the provisions of Clause 1 of this Article.

3. The documents for applying the deportation penalty for foreigners who have violated administrative regulations, when stipulated as a supplementary penalty according to Clause 2, Article 21 of the Law on Handling Administrative Violations, shall be carried out according to the provisions of Clauses 1, 2, and 4 of this Article.

4. The documents for applying the deportation measure must be recorded in the register and stored at the competent authority.

Article 13. Management of Foreigners Violating Vietnamese Law During Deportation Procedures

1. The Head of the business department under the Exit and Entry Administration Department or the Head of the provincial public security exit and entry management department (where the deportation proposal was made) shall propose to the Director of the Exit and Entry Administration Department or the Provincial Public Security Director to decide on applying management measures for foreigners during the deportation procedures.

2. Foreigners violating Vietnamese law during the deportation procedures shall be subject to management measures in the following situations:

a) When there is evidence that if necessary management measures are not applied, the person will evade or obstruct the enforcement of the deportation penalty decision;

b) To prevent the person from continuing to commit acts of law violation.

3. Measures for managing foreigners violating Vietnamese law during deportation procedures

a) Limiting the movement of the person being managed;

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

c) Temporarily holding the passport or other identity papers instead of passport.

4. The application of management measures for foreigners violating Vietnamese law must be clearly stated in the Decision on Applying Management Measures for Foreigners Violating Vietnamese Law During Deportation Procedures, including the following contents:

a) Place name, date, month, year of issuance;

b) Name, position of the decision maker;

c) Name, date of birth, nationality, occupation, passport number/identity papers instead of passport of the person being managed;

d) Management measures (specify the specific management measures);

đ) Effectiveness of the Decision on Applying Management Measures; duration of the management decision; scope and location of restricted travel (for the measure specified in point a, Clause 3 of this Article); mandatory residence of the person being managed (for the measure specified in point b, Clause 3 of this Article); reason for temporarily holding the passport or other identity papers instead of passport (for the measure specified in point c, Clause 3 of this Article);

e) Name, signature of the decision maker;

g) Agency responsible for organizing the enforcement of the decision.

5. The designation of a place of residence for foreigners violating Vietnamese law during deportation procedures shall be carried out as follows:

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

b) At other accommodation facilities designated by the Ministry of Public Security.

6. The application of accommodation measures for foreigners violating Vietnamese law during deportation procedures at accommodation facilities managed or designated by the Ministry of Public Security shall be carried out in the following cases:

a) Foreigners violating Vietnamese law during deportation procedures do not have passports or other identity papers instead of passport, and do not have the necessary conditions to carry out the deportation (air tickets, visas, passports, other identity papers...);

b) Without a place of residence or the residence period has expired;

c) Violating the provisions of Clause 2 of this Article or failing to comply with management and supervision measures of the competent authority;

d) Committing acts of law violation or having grounds to believe that the person may commit acts of law violation while waiting for departure;

đ) Engaging in escape behavior, preparing to escape, or other actions causing difficulties in enforcing the deportation decision;

e) Suffering from infectious diseases as prescribed by laws on preventing and controlling infectious diseases and requiring quarantine.

g) A person suffering from mental illness or another disease that impairs their ability to perceive or control their behavior;

h) Voluntarily requesting admission to a detention facility.

7. The temporary holding house for administrative procedures, temporary detention center, detention camp, prison shall not be used to manage foreigners who violate Vietnamese law during the deportation process.

Article 14. Treatment for foreigners violating Vietnamese law during the deportation process

1. The accommodation arrangements for foreigners subject to deportation as a form of punishment during the deportation process shall be implemented in accordance with Chapter II of Decree No. 65/2020/NĐ-CP dated June 10, 2020 on organizational management and treatment for individuals staying at accommodation facilities while awaiting departure.

2. The expenses for the treatment of individuals staying at accommodation facilities shall be implemented in accordance with Decree No. 65/2020/NĐ-CP dated June 10, 2020 on organizational management and treatment for individuals staying at accommodation facilities while awaiting departure.

a) In cases where the individual being deported is unable to pay, the Immigration Management Department under the Ministry of Public Security or the provincial police force (where the file managing the individual was established) shall request the diplomatic mission, consular office of the country of which the individual is a citizen, or the agency, organization, or individual who invited the foreigner to Vietnam or applied for an extension of the foreigner's visa to make the payment.

b) If the aforementioned individual, agency, or organization does not have the conditions or ability to pay, the Immigration Management Department under the Ministry of Public Security or the provincial police force where the file managing the individual was established shall cover the costs from the state budget.

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

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

a) Prepare files to enforce decisions on applying the deportation penalty, including: Decision on applying the deportation penalty; Copy of the passport or other identity document substituting for the passport of the individual being deported; Certificate of completion of other obligations (if applicable); other relevant documents;

b) Send the Decision on applying the deportation penalty, Decision on postponing the enforcement of the deportation penalty decision, and Decision on managing foreigners who violate the law during the deportation process to the Ministry of Foreign Affairs to notify the diplomatic mission or consulate of the country of which the individual is a citizen; simultaneously, send a copy of the decision to the individual being deported for enforcement;

c) Collect and accept necessary information and documents for organizing the enforcement of the decision on applying the deportation penalty;

d) Coordinate with relevant agencies to ensure the implementation of the rights and obligations of the individual being deported;

đ) Organize the deportation according to the decision.

2. Responsibilities of the provincial police force where the file proposing the application of the deportation penalty was established:

a) Prepare files to enforce the Deportation Penalty Decision;

b) Manage the individual during the period of preparing the file proposing the application of the deportation penalty in accordance with Article 13 of this Decree;

c) Hand over the individual to the immigration management agency when requested;

d) Coordinate with the immigration management agency in enforcing the decision on applying the deportation penalty;

đ) Coordinate with relevant agencies to ensure the implementation of the rights and obligations of the individual being deported.

Chapter III
TEMPORARY DETENTION OF PERSONS UNDER ADMINISTRATIVE PROCEDURES

Article 16. Administrative Detention of Persons

Administrative detention of persons shall only be applied in the following cases:

1. To immediately stop acts disrupting public order or causing injury to others.

2. To immediately stop acts of smuggling or illegally transporting goods across borders.

3. To enforce decisions to place individuals in educational facilities for delinquents, compulsory educational institutions, or compulsory drug rehabilitation centers.

4. Individuals who commit domestic violence and violate orders prohibiting contact as stipulated by laws on preventing and combating domestic violence.

5. To determine the status of drug addiction in individuals using drugs illegally.

Article 17. Authority to Administer Administrative Detention of Persons

In the cases provided for in Article 16 of this Decree, those with authority to decide on administrative detention of persons shall implement according to the provisions of Article 123 of the Law on Handling Administrative Violations.

Article 18. Duration of Administrative Detention of Persons

1. The duration of administrative detention of persons shall be implemented according to the provisions of Clause 3, Article 122 of the Law on Handling Administrative Violations.

2. The duration of administrative detention of persons must be clearly recorded in the administrative detention decision issued by the person authorized to issue such a decision.

3. For cases where individuals are detained at border areas or remote mountainous regions, islands, the detention period starts from the time the violator is escorted to the administrative detention facility.

Article 19. Decision on Administrative Detention of Persons

1. When there are sufficient grounds for administrative detention of persons as prescribed in Article 16 of this Decree and it is deemed necessary to apply the measure of administrative detention against individuals who have committed violations, the person authorized to administer administrative detention must immediately issue a detention decision.

2. The administrative detention decision must be made in two copies, one copy handed over to the person being detained, and one copy kept in the detention file, and must clearly record the following contents:

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

b) Name, rank (if applicable), position, agency, unit of the decision maker;

c) Basis for issuing the detention decision, article, clause of the legal document applied; reason for detention;

d) Name, date of birth, place of birth, permanent residence (or temporary residence), occupation, workplace, place of study, personal identification number, citizen identification card number (or identity card number) of the person being detained; name of father, mother, or guardian of the person being detained (if the person being detained is a minor);

đ) Nationality, passport number or substitute travel document number (if the person being detained is a foreigner);

e) Detention period (for how long; starting from which point in time); place of detention;

g) Right to appeal, report complaints, initiate litigation regarding the issuance of the detention decision and the implementation of the administrative detention measure according to the law;

h) Signature, seal of the agency of the decision maker.

3. When there are grounds to believe that the illegal act of the person administratively detained has criminal characteristics, the decision maker must immediately transfer the file and the person being detained along with evidence and means of violation (if any) to the competent criminal proceedings agency for handling according to the law.

4. In all cases, administrative detention of persons must be based on a written decision by the authorized person. It is strictly prohibited to detain persons without a written decision.

Article 20. Extension of Temporary Detention Period

1. In cases where it is necessary to extend the temporary detention period as provided for in Clause 3, Article 122 of the Law on Handling Administrative Violations, before the expiration of the administrative procedure detention period recorded in the decision, the authorized authority shall issue a decision to extend the temporary detention period.

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

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

b) Name, rank (if applicable), position, agency, unit of the decision maker;

c) Basis for issuing the decision to extend the temporary detention period, the relevant article and clause of the legal document applied; reasons for extending the temporary detention period;

d) Full name, date of birth, place of birth, gender, place of permanent residence (or temporary residence), occupation, workplace or place of study, personal identification number, citizen identification card number (or identity card number) of the person whose temporary detention period is being extended; full name of father, mother, or guardian of the person whose temporary detention period is being extended (if the detained person is a minor);

đ) Nationality, passport number or substitute travel document number (if the person being detained is a foreigner);

e) Duration of the extension of the temporary detention period;

g) Rights to lodge complaints, file accusations, or initiate lawsuits regarding the issuance of the decision to extend the temporary detention period and the implementation of this measure in accordance with the law;

h) Signature, seal of the agency of the decision maker.

3. The decision to extend the temporary detention period shall be made in two copies, one copy handed over to the person under temporary detention, and the other retained in the temporary detention file.

Article 21. Revocation of Application of Temporary Detention Measures for Persons Under Administrative Procedure Detention

1. The revocation of the application of temporary detention measures for persons under administrative procedure detention shall be carried out when:

a) The administrative procedure detention period has expired;

b) The person under temporary detention suffers from illness as stipulated in Clause 1, Article 29 of this Decree;

c) There are grounds to believe that the administrative violation committed by the person under administrative procedure detention constitutes a criminal offense;

d) The grounds for temporary detention under administrative procedures have ceased but the detention period recorded in the detention decision has not yet expired.

2. The authorized authority issuing the temporary detention decision must issue a decision to revoke the application of temporary detention measures for the person under temporary detention. The decision to revoke the application of temporary detention measures under administrative procedures shall be made in two copies, one copy handed over to the person under temporary detention, and the other retained in the file.

3. The content of the decision to revoke the application of temporary detention measures under administrative procedures must clearly state the following:

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

b) Name, rank (if applicable), position, agency, unit of the decision maker;

c) Legal basis for issuing the decision; relevant article and clause of the legal document applied;

d) Reasons for revoking the application of temporary detention measures;

đ) Full name, date of birth, place of birth, place of permanent residence (or temporary residence), occupation, workplace or place of study, personal identification number, citizen identification card number (or identity card number) of the person whose temporary detention measures are revoked;

e) Full name of father, mother, or guardian of the person under temporary detention who is a minor;

g) Nationality, passport number or substitute travel document (if the person under temporary detention is a foreigner);

h) Rights to lodge complaints, file accusations, or initiate lawsuits regarding the issuance of the decision to revoke the application of temporary detention measures and the implementation of this measure in accordance with the law;

i) Full name, signature of the person issuing the decision to revoke the application of temporary detention measures.

4. The decision to revoke the application of temporary detention measures under administrative procedures must be recorded in the Register of Persons Under Administrative Temporary Detention and signed by the person whose temporary detention measures are revoked. If the person whose temporary detention measures are revoked refuses to sign, the person issuing the decision to revoke the application of temporary detention measures under administrative procedures must prepare a record or assign the person currently executing the temporary detention duties to prepare a record and clearly state the reason in the record. The record must have the signatures of the witness (if any), the recorder, and the person issuing the decision to revoke the application of temporary detention measures under administrative procedures.

5. The person issuing the decision to revoke the application of temporary detention measures must transfer the file and hand over the person under temporary detention along with the contraband items or means of violation (if any) to the competent criminal proceedings agency to handle according to the law if it falls within the case specified in point c, Clause 1 of this Article.

Article 22. Place of Temporary Detention

1. The place of temporary detention of persons under administrative procedures shall be implemented in accordance with the provisions of Clause 5 and Clause 6, Article 122 of the Law on Handling Administrative Violations.

2. Administrative detention houses or administrative detention rooms must have locks, ensure lighting, ventilation, fire safety, and convenience for supervision and protection. Persons detained overnight must be provided with beds to lie on and must have quilts, blankets, and mosquito nets; the minimum space for each person is 2 square meters.

3. The Minister of Public Security shall be responsible for organizing and arranging places of temporary detention of persons under administrative procedures based on the provisions of Article 122 of the Law on Handling Administrative Violations and Article 22 of this Decree. The Minister shall also direct the design and construction of administrative detention facilities to comply with legal regulations.

Article 23. Notification of Temporary Detention Decision

1. The notification of the decision to temporarily detain persons shall be carried out in accordance with the provisions of Clause 4, Article 122 of the Law on Handling Administrative Violations. In cases where it is not possible to notify, the person subject to administrative detention must be informed and the reason must be clearly recorded in the Register of Persons Subject to Administrative Detention.

2. If the person subject to administrative detention is a foreign national, the person issuing the temporary detention decision must immediately report to the superior authority with jurisdiction to inform the Ministry of Foreign Affairs to notify the consulate or diplomatic mission of the country of which the person is a citizen. At the same time, coordination with the Ministry of Foreign Affairs to arrange for representatives of the consulate or diplomatic mission of that country to visit if requested and to handle other related foreign affairs issues.

Article 24. Acceptance of Persons Subject to Administrative Detention

When accepting persons subject to administrative detention, the person assigned to accept and manage such persons must:

1. Check and compare the decision to temporarily detain the person with the person subject to administrative detention.

2. Check and record the health condition of the person subject to administrative detention.

3. Inspect personal belongings and items allowed to be brought by the person subject to detention; inform them of their rights and obligations, rules of the detention facility, and other relevant regulations.

4. Record in the Register of Persons Subject to Administrative Detention.

Article 25. Management of Persons Subject to Administrative Detention

The person assigned to manage persons subject to administrative detention has the responsibility to regularly supervise, protect, and monitor such persons.

1. In case of discovering injuries, psychological, health, or abnormal behavior of the person subject to detention, a record of the health status of the person must be made and reported immediately to the authorized decision-maker for timely measures.

2. In case of discovering circumstances related to the violation or hidden weapons, explosives, support tools, evidence, or means of violation, a record of the discovery of these circumstances and a record of the temporary detention of weapons, explosives, support tools, evidence, or means of violation must be made.

3. Personal belongings and property of the person subject to detention must be deposited at the detention facility. The handover and receipt of deposited belongings and property must be fully and specifically recorded in the Register of Persons Subject to Administrative Detention and must be confirmed by the person subject to detention.

4. In case of numerous or valuable personal belongings and property, the staff responsible for management must make a detailed record of the deposit of personal belongings and property, including the quantity, type, identification marks, form, condition, and other related matters. The property deposit record must be made in two copies, signed and confirmed by the person subject to detention, the person receiving the property for safekeeping, and given one copy to each party.

5. Upon expiration of the detention period or when the person subject to administrative detention is transferred to another location, the person subject to detention must be returned all deposited personal belongings and property. In case of loss or damage of deposited personal belongings and property, the person subject to detention has the right to request compensation from the detention agency in accordance with the law.

Article 26. Handing Over and Receiving Persons Engaged in Administrative Violations

1. The person authorized to temporarily detain persons under administrative procedures shall conduct the record of handing over and receiving persons engaged in administrative violations with the organization or individual escorting the violator, or assign a person performing the duty to conduct the record of handing over and receiving persons engaged in administrative violations.

2. Immediately after completing the record of handing over and receiving persons engaged in administrative violations, if it is determined that temporary detention under administrative procedures is necessary, the person authorized to temporarily detain persons under administrative procedures must immediately issue a decision on temporary detention. In cases where there is insufficient evidence or it is deemed unnecessary to apply the measure of temporary detention under administrative procedures, the person authorized to temporarily detain persons under administrative procedures must immediately issue a decision to release the person and return their personal belongings, property, means of transportation, and documents (if any) to them if these items are not subject to measures of temporary detention of contraband, means of transportation involved in administrative violations.

3. The record of handing over and receiving persons engaged in administrative violations must clearly state the following contents:

a) Name, position, address of the individual or organization handing over and receiving the person engaged in administrative violations;

b) Time of recording the record (hour, minute, day, month, year);

c) Location of recording the record;

d) Name, address, personal identification number, citizen identification card number (or identity card number if still valid) of the person engaged in administrative violations; time and location of committing the violation;

đ) Health condition and attitude of the person engaged in administrative violations;

e) Contraband, personal belongings, property, means of transportation, and documents of the person (if any) and other relevant circumstances related to the handing over and receiving of the violator.

4. In cases where there are witnesses and victims caused by the person engaged in administrative violations, the record must clearly state:

a) The contents and events they witnessed and the damages caused by the person engaged in administrative violations;

b) Name, address, personal identification number, citizen identification card number (or identity card number if still valid) of the witness and victim;

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

5. The record of handing over and receiving persons engaged in administrative violations must be made in two copies and read aloud for all participants to hear before signing; the receiving party retains one copy, and the handing-over party retains one copy.

Article 27. Rights and Obligations of Persons Temporarily Detained

1. Persons temporarily detained have the right:

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

b) To know the reason for temporary detention, the duration of temporary detention, the place of temporary detention; to lodge complaints regarding the temporary detention;

c) To request the person issuing the decision on temporary detention under administrative procedures to notify the decision on temporary detention to the family, organization (place of work, study) according to Clause 1, Article 23 of this Decree;

d) To ensure food and beverage provisions as stipulated in Article 28 of this Decree;

đ) To receive medical treatment and care when ill as stipulated in Article 29 of this Decree.

2. Persons temporarily detained have the obligation:

a) To strictly comply with the decision on temporary detention, internal regulations, and rules of the place of temporary detention under administrative procedures;

b) To follow requests and orders from the person issuing the decision on temporary detention and the person assigned to manage and protect the place of temporary detention;

c) Not to bring weapons, explosives, auxiliary tools, electronic devices with transmission functions, harmful cultural products, alcohol, beer, and other addictive substances or objects that may affect the order and safety of the place of temporary detention into the place of temporary detention.

Article 28. Dietary Regime for Persons Under Administrative Detention

1. In cases where the person under administrative detention or their family cannot ensure it themselves, the agency or unit of the authority issuing the decision on administrative detention shall be responsible for ensuring the dietary regime for the person under administrative detention according to the standard quantity of 0.6 kilograms of ordinary white rice; 0.1 kilograms of pork; 0.5 kilograms of 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. The regime for persons under administrative detention during holidays and Tet is implemented as follows:

a) During Tet, the person under administrative detention may have additional meals, but the total meal amount (including additional meals) shall not exceed five times the daily standard meal allowance;

b) On public holidays or New Year's Day, the person under administrative detention may have additional meals, but not exceeding three times the daily standard meal allowance;

c) The agency or unit where the person under administrative detention is held may decide to adjust the meal quantities mentioned above to suit the actual situation and taste preferences of the person under administrative detention to ensure they consume the full standard allowance.

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

Article 29. Handling of Illness or Death of Persons Under Administrative Detention

1. Handling of illness of persons under administrative detention:

a) In cases where a person under administrative detention falls ill during the period of detention, they shall be treated on-site;

b) In cases requiring emergency treatment, the agency, unit, and direct manager of the person under administrative detention shall be responsible for transporting them to a medical facility for treatment, while simultaneously informing their family or close relatives about the situation so that they can provide care;

c) In cases where the family or close relatives of the person under administrative detention request to take them home for care and it is determined that continued detention is unnecessary as stipulated in Point a Clause 1 Article 11, Points a and b, and Point d Clause 1 Article 21 of this Decree, the authority with the power to detain may decide to revoke the detention and allow them to return home for treatment. The revocation of the detention measure shall be carried out in accordance with the provisions of Clauses 2, 3, 4, and 5 of Article 21 of this Decree;

d) In cases where the person under administrative detention does not have a fixed residence or their family or close relatives live far away and cannot promptly arrive to provide care, the agency or unit where the person under administrative detention is held shall directly be responsible for caring for the person under administrative detention.

2. Handling of death of persons under administrative detention:

a) In cases where a person under administrative detention dies during the period of detention, the authority issuing the detention decision must immediately report to the competent investigation agency and prosecution agency to handle the matter in accordance with the law, while simultaneously recording the fact of the person under detention dying and informing the family or close relatives of the deceased; the family of the deceased has the responsibility to bury the deceased;

b) In cases where a person under administrative detention dies without family or close relatives, the burial shall be handled by the agency or unit where the person under administrative detention is held in coordination with the local government where the detention takes place; the burial expenses in such cases shall be paid from the state budget in accordance with the law;

c) In cases where a person under administrative detention who is a foreign national dies, the authority issuing the decision on administrative detention must immediately report to the higher competent authority to inform the Ministry of Foreign Affairs or other competent state agencies, coordinating with the consulate or diplomatic mission of the country of which the deceased is a citizen to cooperate in handling the matter.

3. The record regarding the death of a person under administrative detention during the period of detention must clearly state the following contents:

a) Name of the person under administrative detention; date of birth of the person under administrative detention;

b) Personal identification number, Citizen Identity Card number or Personal Identification Card/Passport/other related personal documents; detention location;

c) Health condition of the person under administrative detention upon reception;

d) Process of handling the person under administrative detention from reception until the death of the person under administrative detention;

đ) Reason for the death of the person under administrative detention.

Chapter IV
ADMINISTRATIVE DETENTION PROCEDURES

Article 30. Escorting Offenders

1. An offender who does not voluntarily comply with the request of an authorized person due to reasons other than objective obstacles or force majeure shall be escorted in the following cases:

a) Being temporarily detained under administrative procedures;

b) Being sent to or returned to a reformatory school, compulsory educational facility, or compulsory drug rehabilitation facility as prescribed in Article 124 of the Law on Handling Administrative Violations.

2. The authorized person performing official duties as stipulated in Article 31 of this Decree shall carry out the escorting of offenders.

3. During the escorting period, the management of the escorted person shall be carried out in accordance with the provisions of Articles 25, 28, and 29 of this Decree.

Article 31. Implementation of Escorting

The following persons performing official duties shall carry out the escorting of offenders under administrative procedures:

1. Authorized persons performing official duties of the People's Public Security Force, Border Guard, Coast Guard, Customs, Forest Rangers, Tax Authority, Market Management Authority, Inspection Authority, Civil Enforcement Authority, Forest Rangers, Fisheries Control, Market Management, and Inspection.

2. Other authorized persons performing official duties as prescribed by the Law on Handling Administrative Violations and related legal documents.

Article 32. Procedures for Escorting

1. Before escorting an offender, the person performing the escorting 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 the escorting, absolute safety must be ensured for the person performing the escorting duty and for the escorted person. The use of weapons and auxiliary tools when applying escorting measures must comply with the principles set forth in Clause 4 of Article 20 of the Law on Handling Administrative Violations and the provisions of this Decree.

3. In case the escorted person shows signs of attempting to escape or commits acts against public officials, the person performing the escorting duty must immediately report to the authorized person to issue a decision to temporarily detain the person under administrative procedures.

4. The person performing the escorting duty must closely monitor and manage the escorted person, remain vigilant, and promptly handle any complex situations that may arise; they must not arbitrarily address any requests made by the escorted person while escorting them.

Article 33. Handover and Acceptance of Escorted Persons

1. The person performing the escorting of offenders must establish a handover record with the receiving authority.

2. When arriving at the location for escorting, the person performing the escorting of offenders must invite representatives from the local government where the escorted person resides or is being managed, representatives from the organization or institution where the escorted person works or studies, and witnesses.

3. Conduct verification and cross-checking of photographs and personal identification documents to confirm the identity of the offender being escorted under administrative procedures, and establish a record of the escorting of the offender under administrative procedures.

4. The handover record shall be established in accordance with the provisions of Article 34 of this Decree.

Article 34. Record of Handover and Reception of Escortees

The record of handover and reception of escortees shall include the following contents:

1. Time and place of recording the record.

2. Full name, position, address of individuals or organizations handing over and receiving; full name, address, personal identification number, citizen identification card number, identity card number (if available) or other personal identification documents of the person committing the violation being escorted; the act of violation; time and place of committing the act of violation; health condition, attitude of the person committing the violation, property (if any) and other circumstances related to the escorting of the violator; if there are witnesses, their full names and addresses must be clearly recorded.

3. The record must have signatures of the party handing over, the party receiving the escortee, and the person committing the violation being escorted, and the witness (if any); the person authorized to temporarily detain the individual according to administrative procedures must sign the record of handover and reception of the violator being escorted. In case the violator being escorted or the witness refuses to sign, the person recording the record must clearly state the reason in the record.

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

Article 35. Handling Certain Situations During Escorting

1. In case the escortee resists; in case the escortee is a minor who abuses or insults but does not attack with force, the person performing the escort duty must explain the legal provisions and request compliance with the decision; in case the escortee attacks with force, the person performing the escort duty has the right to use force, tie up hands and feet, use weapons and auxiliary tools as prescribed by law to control and neutralize the resistance behavior of the escortee.

2. In case the violator being escorted escapes, the person performing the escort duty must request those present to cooperate in capturing; in case the target cannot be captured immediately, it is necessary to promptly report to the head of the unit and contact the local authority where the incident occurred to develop a plan to track down the escaped violator; at the same time, a record of the escape of the escortee must be established, signed by the witness; if there is no witness, the reason must be clearly stated in the record.

3. In case the escortee suddenly falls ill and requires immediate medical care, the person performing the escort duty must quickly take them to the nearest healthcare facility. The escort or transfer to a higher-level healthcare facility for continued treatment must be confirmed in writing by the healthcare facility regarding the health condition of the escortee, and the person performing the escort duty must immediately report to the direct commander. During the emergency treatment at the healthcare facility, the person performing the escort duty must plan to organize strict guarding and monitoring of the violator to prevent escape or free interaction with others.

4. In case the escortee dies abnormally, they must be taken to the nearest healthcare facility and immediately reported to the head of the unit, the Investigative Agency, and the People's Procuracy where the incident occurred to proceed with the procedures as prescribed by law.

5. All escort situations involving violators must prepare necessary logistical conditions, and prior contact must be made with the local authority where the violator is being escorted to for managing the escortee.

Chapter V
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

Article 36. Responsibilities of the Ministry of Public Security

The Ministry of Public Security within its scope of duties and powers shall be responsible for:

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

2. Take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees to organize the enforcement of administrative procedures for the application of expulsion penalties, temporary detention measures, escorting violators, and managing foreign nationals who violate Vietnamese laws during the expulsion process.

3. Direct and guide public security units and localities in implementing the application of expulsion penalties, temporary detention measures, and escorting violators through administrative procedures; manage foreign nationals who violate Vietnamese laws and are subject to expulsion during the expulsion process; organize expulsions according to decisions; hand over expelled individuals to immigration management agencies when requested; at the same time, coordinate with relevant agencies to ensure the rights and obligations of those being expelled.

4. Inspect, audit, resolve complaints and denunciations regarding the application of expulsion penalties, temporary detention measures, and escorting violators through administrative procedures and the execution of expulsion penalty decisions.

5. Statistically record the application and organization of the execution of expulsion decisions.

Article 37. Responsibilities of the Ministry of Foreign Affairs

1. Handle diplomatic procedures related to the execution of expulsion penalty decisions and other related procedures for cases where the temporarily detained or escorted individual is a foreign national.

2. Exchange and provide information related to competent authorities abroad, consular offices, or diplomatic missions of the country whose passport or substitute document holder is subject to temporary detention measures, escorting through administrative procedures, and expulsion penalties.

3. Direct provincial and centrally-administered city foreign affairs agencies to cooperate with functional agencies, consular offices, or diplomatic missions of the country whose passport or substitute document holder is subject to administrative detention or expulsion (in case of death) to resolve issues.

Article 38. Responsibilities of the Ministry of Finance

Ensure regular funding for the application of temporary detention measures, escorting violators through administrative procedures, and applying expulsion penalties in accordance with state budget laws.

Article 39. Responsibilities of the Ministry of National Defense

1. Direct and guide subordinate agencies, units, and functional forces to organize the implementation of escorting and temporarily detaining violators through administrative procedures in accordance with this Decree and related legal documents.

2. Coordinate with the Ministry of Public Security and other ministries and sectors in the implementation and exchange of information related to expulsions, escorts, and temporary detentions of violators through administrative procedures.

Article 40. Responsibilities of the Ministry of Health

Direct and guide health agencies and hospitals under its jurisdiction to organize medical examinations, treatments, health care, and health assessments for individuals subject to expulsion penalties, temporary detention through administrative procedures, and in cases where they suffer from serious illnesses requiring treatment.

Article 41. Responsibilities of the Ministry of Planning and Investment

Develop and allocate state budget capital plans to implement investment and construction of new facilities and repair temporary detention places for persons subject to administrative procedures and other accommodation facilities under the management of the Ministry of Public Security for foreigners violating Vietnamese laws during the process of deportation procedures.

Article 42. Responsibilities of the Provincial People's Committees

Within their respective duties and authorities, provincial people's committees are responsible for coordinating with relevant ministries and sectors to direct local functional agencies in applying deportation penalties, temporary detention measures, and escorting violators through administrative procedures.

Article 43. Responsibilities of related agencies, organizations, and individuals

1. Coordinate and cooperate with functional agencies in implementing the application of deportation penalties.

2. Bear all costs or provide financial guarantees in cases where the person being deported does not have the financial capacity at the location to pay the costs as prescribed by Vietnamese law.

Chapter VI
IMPLEMENTING PROVISIONS

Article 44. Effective date of implementation

This Decree takes effect from January 1, 2022.

This Decree replaces Decree No. 112/2013/NĐ-CP dated October 2, 2013 of the Government on forms of deportation penalties, temporary detention measures, escorting persons through administrative procedures, and managing foreigners violating Vietnamese laws during the process of deportation procedures, and Decree No. 17/2016/NĐ-CP dated March 17, 2016 amending and supplementing certain articles of Decree No. 112/2013/NĐ-CP dated October 2, 2013 of the Government on forms of deportation penalties, temporary detention measures, escorting persons through administrative procedures, and managing foreigners violating Vietnamese laws during the process of deportation procedures.

Article 45. Responsibility for Implementation

1. The Ministers of the Ministries of Public Security, National Defense, Finance, Industry and Trade, Agriculture and Rural Development, Transport, Foreign Affairs, and Health are responsible for regularly directing, guiding, and inspecting the implementation of deportation penalties, temporary detention measures, and escorting violators through administrative procedures and managing foreigners violating Vietnamese laws during the process of deportation within their respective areas of management.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.