Decree No. 17/2016/ND-CP amending and supplementing certain articles of Decree No. 112/2013/ND-CP dated October 2, 2013 on the form of administrative penalties for deportation, temporary detention measures, escorting violators through administrative procedures, and managing foreigners violating Vietnamese law during the deportation process.

DECREE

Provincial People's Committees set specific pricesTo amend and supplement some articles of N |||DECREE NO. 112/2013/ND-CP

dated October 2, 2013 on forms of administrative penalties including expulsion,

temporary detention measures, escorting violators through administrative procedures

and managing foreign nationals who violate the law Vstrict N |||am

during the process of expulsion procedures

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Prevention and Control of Domestic Violence, lThe Minister of Health issues this Circular prescribing procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;i Handling Law dated June 20, 2012"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."The Government promulgates this Decree stipulating the National Database on Administrative Offense Handling.

Pursuant to the Law on Customs dated December 23,June 2024;year 2014;

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

The Government issues Decrees to amend Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of National Defense; and Decree No. 03/2025/NĐ-CP dated February 28, 2025 amending and supplementing certain provisions of Decree No. 01/2022/NĐ-CP; ,No. for civil servants, public officials, and armed forces personnel; 112/2013/ND-CP dated October 2, 202013 prescribing forms of administrative penalties including expulsion, temporary detention measures, escorting violators through administrative procedures and managing foreign nationals who violate Vietnamese law during the process of expulsion procedures (hereinafter referred to as Decree No. 112/2013/ND-CP)"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 lmaking expulsion procedures.

Article 1. Amending and supplementing some Articles of Decree No. 112/2013/ND-CP dated October 2, 2013 on forms of administrative penalties including expulsion, temporary detention measures, escorting violators through administrative procedures and managing foreign nationals who violate Vietnamese law during the process of expulsion procedures (hereinafter referred to as Decree No. 112/2013/ND-CP)

1. Amending and supplementing Clause 1 of Article 3 as follows:

"1. Temporary detention, escorting violators through administrative procedures and applying the form of administrative penalty of expulsion must be carried out in accordance with the prescribed subjects, procedures, authorities, and deadlines set forth in the Law on Handling Administrative Violations, Article 102 of the Customs Law, this Decree, and other relevant laws."

2. Amending and supplementing Clause 11 as follows:

"Article 11. Temporary detention person under administrative procedures

Temporary detention of persons under administrative procedures shall only be applied in the following cases:

1. When it is necessary to immediately stop the following acts:

a) Disrupting public order;

b) Causing injury to others.

2. When it is necessary to immediately stop the act of smuggling or illegally transporting goods across borders in the following cases where the violator has signs of fleeing, destroying evidence, or obstructing the handling of violations:

a) Exporting or importing goods prohibited from export or import or temporarily suspended from export or import according to the law;

b) Exporting or importing goods listed in the Catalogue of Goods Subject to Conditions for Export and Import without an export or import permit or accompanying documents issued by competent state agencies as required by law;

c) Exporting or importing goods not passing through designated customs checkpoints, not undergoing customs procedures as required by law, or falsifying the quantity or type of goods when undergoing customs procedures;

d) Exporting or importing goods without invoices or accompanying documents as required by law, or having invoices or accompanying documents but they are not lawful according to the law;

đ) Importing goods that require affixing import labels according to the law but do not have such labels affixed to the goods as required by law, or have labels but they are fake or previously used labels;

e) Trading across borders or from non-tariff zones into the domestic market or vice versa contrary to the law but not reaching the level of criminal prosecution;

g) Transporting goods across borders or from non-tariff zones into the domestic market or vice versa contrary to the law;

h) Other cases as prescribed by law.

3. When it is necessary to immediately stop the violation of provisions stipulated in Clause 5, Article 20 of the Law on Prevention and Control of Domestic Violence and Clause 1, Article 12 of Decree No. 08/2009/ND-CP dated February 4, 2009 detailing and guiding the implementation of certain provisions of the Law on Prevention and Control of Domestic Violence."

3. Amend and supplement Article 12 as follows:

"Article 12. Authority for temporary detention of persons under administrative procedures

1. The following persons have the authority to decide on temporary detention of persons under administrative procedures:

a) Chairperson of the People's Committee at the commune level, Chief of Police Station;

b) Chief of Police at the district level;

c) Chief of the Administrative Management Police Department, Chief of Public Order Police Department, Chief of Traffic Police Department, Chief of Waterway Police Department, Chief of Economic Crime Investigation Police Department, Chief of Social Order Crime Investigation Police Department, Chief of Drug Crime Investigation Police Department, Chief of Exit and Entry Administration Department of Provincial Police; Chief of Criminal Enforcement and Judicial Support Police Department, Chief of Environmental Crime Prevention and Control Police Department;

d) Head of Mobile Police Unit from battalion level upwards, Chief of Border Gate Police Station;

đ) Chief of Forest Protection Team, Chief of Mobile Forest Protection Team;

e) Chief of Customs Branch, Chief of Inspection Team under Customs Bureau, Chief of Anti-Smuggling and Sea Patrol Team under Anti-Smuggling Investigation General Department of Customs;

g) Chief of Market Management Team;

h) Commander of Frontier Defense Battalion, Commander of Port Frontier Defense Battalion, Commander of Coastal Frontier Defense Flotilla, Commander of Frontier Defense Squadron, Head of Border Guard Units stationed along the border and islands;

i) Commander of Coast Guard Squadron, Commander of Coast Guard Flotilla, Commander of Coast Guard Region;

k) Aircraft commander, ship captain, train conductor when the aircraft, ship, or train has left the airport, port, or station;

l) Presiding Judge of the trial session.

2. Persons authorized to temporarily detain persons under administrative procedures as stipulated in Points a to i of Clause 1 of this Article may delegate their authority to deputy officials. Delegation of authority can only be made when the head is absent and must be documented in writing, clearly defining the scope, content, and duration of the delegation. The deputy receiving delegated authority must bear responsibility for their decisions before the head and the law. The person receiving delegated authority may not further delegate or authorize any other individual."

Article 2. Abolish existing provisions

Repealing the provisions at Clause 1, Article 3, Article 11, and Article 12 of Decree No. 112/2013/ND-CP.

Article 3. Effectiveness

This Decree takes effect from May 2, 2016.

Article 4. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.