Decree No. 54/2001/ND-CP guiding the enforcement of deportation penalties

DECREE OF THE GOVERNMENT

Guidelines for Implementing the Deportation Punishment

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

To implement the deportation punishment prescribed in Article 32 of the Criminal Code of 1999 and Article 234a of the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code on June 9, 2000;

Based on Articles 16 and 17 of the Ordinance on Entry, Exit, Stay of Foreigners in Vietnam dated April 28, 2000;

At the proposal of the Minister of Public Security and the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1.

1. Deportation is a principal or additional punishment applied to foreign offenders (persons without Vietnamese nationality), compelling them to leave the territory of the Socialist Republic of Vietnam within a specified period.

2. This Decree guides the implementation of the deportation punishment following the court's enforcement decision. The deportation pursuant to the decision of the Minister of Public Security based on the Administrative Violations Handling Ordinance is not within the scope of this Decree.

3. The deportation of foreign offenders who enjoy diplomatic immunity or privileges and immunities under consular law shall be resolved through diplomatic channels.

Article 2.

1. The Exit and Entry Administration under the Ministry of Public Security (hereinafter referred to as the Exit and Entry Administration) is responsible for taking the lead and coordinating with relevant agencies to organize the implementation of the deportation punishment against persons sentenced to deportation (hereinafter referred to as the deported person) according to the court's enforcement decision.

2. The implementation of the deportation punishment must ensure safety, be timely, and comply with legal regulations.

Chapter II

DUTIES AND RIGHTS OF THE DEPORTED PERSON

Article 3. The deported person has the obligation:

1. To leave Vietnam within the time limit recorded in the court's enforcement decision, unless they fall under the cases stipulated in Article 4 of this Decree.

2. To abide by Vietnamese laws, subject to management and supervision by the Exit and Entry Administration; not to leave the designated place of management and supervision without written permission from the Exit and Entry Administration.

3. To submit necessary documents for enforcement upon request of the Exit and Entry Administration.

4. To promptly fulfill other obligations (if there is) and complete all necessary procedures to leave Vietnam within the time limit.

5. To bear their own expenses for departure.

Article 4.

1. The deported person may have their departure deadline extended according to Article 234a of the Criminal Procedure Code if they fall under any of the following circumstances:

a) Seriously ill, requiring emergency treatment, or unable to travel due to health reasons, certified by a medical authority or hospital at provincial level or higher;

b) Required to serve other sentences or perform other obligations as prescribed by Vietnamese law;

c) Other legitimate reasons preventing departure from Vietnam confirmed by the head of the Exit and Entry Administration.

2. The extension of the departure deadline for the deported person can only be implemented when there is a court decision on the enforcement decision.

Article 5. When leaving Vietnam, the deported person is allowed to take their lawful property as provided by law.

Chapter III

RESPONSIBILITIES AND LIMITATIONS OF THE ENFORCEMENT AGENCY FOR DEPORTATION PUNISHMENT

Article 6. The Exit and Entry Administration of the Ministry of Public Security is responsible for:

1. Notifying the deported person of the enforcement time at least 24 hours before enforcement.

2. Transferring to the Ministry of Foreign Affairs copies of the court's enforcement decisions and providing necessary information and documents for coordination in enforcement.

3. Collecting and receiving necessary information and documents for organizing enforcement from the court and other related agencies; establishing files and organizing the enforcement of the deportation punishment.

4. In cases where the deported person falls under Clause 1 of Article 4 of this Decree, they must notify the court that issued the enforcement decision in writing so that the court can consider and decide on extending the departure deadline for the deported person.

5. If the deported person no longer has grounds for extending the departure deadline, the Exit and Entry Administration must notify the court that issued the enforcement decision to continue enforcement.

6. Continue organizing the enforcement of the deportation punishment according to the court's enforcement decision prior to the extension of the departure deadline for the deported person, if the court does not issue another decision after the extension period ends.

7. If the court issues a continuation enforcement decision during the extended departure period of the deported person, the Exit and Entry Administration is responsible for immediate enforcement.

8. Reporting the enforcement results to the court.

Article 7. The enforcement file for the deportation punishment is established by the Exit and Entry Administration, including:

a) Extracts or copies of the judgment and enforcement decision of the court;

b) Copies of the passport or other travel documents of the deported person;

c) Certificates proving completion of other punishments or obligations (if there is);

d) Other related documents.

Article 8.

1. Depending on specific conditions and circumstances, the Exit and Entry Administration has the right to decide on:

a) Specific measures for managing and supervising the deported person;

b) Methods and locations for carrying out the deportation.

2. In cases where the deported person refuses to voluntarily comply with the enforcement decision, the Exit and Entry Administration leads and coordinates with relevant agencies to apply the following measures:

a) Limiting the movement and contact of the deported person;

b) Designating compulsory residence for the deported person;

c) Ap immediately escorting the deported person to the border gate to compel them to leave Vietnam if they are dangerous or attempting to escape;

d) Ap applying other coercive measures as prescribed by law.

3. The head of the Exit and Entry Administration decides to apply the measures prescribed in Clause 2 of this Article in writing and notifies the court that issued the enforcement decision.

Article 9. In the case where the person subject to deportation does not have the ability to bear the costs of departure means, the immigration management agency may request the diplomatic mission or consulate of the country of which the person is a citizen to resolve the funding for returning the deported person to their home country; if the funding still cannot be resolved or due to urgent national security reasons, the immigration management agency may use state budget funds to cover the lowest cost of departure means to compel the deported person to quickly leave Vietnamese territory.

Article 10. The Ministry of Public Security within its scope of duties and powers shall be responsible for:

1. Issuing regulatory legal documents to guide the enforcement of the expulsion penalty.

2. Organizing forces to enforce the expulsion penalty.

3. Taking the lead and coordinating with courts, prosecution offices, ministries, sectors, and Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's administrations at all levels related to organize the enforcement of the expulsion penalty.

4. Statistics on the enforcement of the expulsion penalty.

5. Inspecting, auditing, handling complaints and denunciations regarding the enforcement of the expulsion penalty.

6. Preparing the budget for activities stipulated in Articles 6, 7, 8, 9, and 10 of this Decree, consolidating them into the annual budget of the Ministry of Public Security and submitting it to the Ministry of Finance for consideration and submission to the competent authority for decision.

Article 11. The Ministry of Foreign Affairs shall be responsible for resolving relevant diplomatic procedures concerning the enforcement of the expulsion penalty and exchanging, providing related information to foreign competent authorities, foreign diplomatic missions, and consulates in Vietnam.

Article 12. The Ministry of Finance shall be responsible for ensuring funding for the enforcement of the expulsion penalty according to the plan assigned in the annual budget of the Ministry of Public Security.

Article 13. The Ministry of Health shall be responsible for directing and guiding health agencies and hospitals under its jurisdiction to organize medical examinations, appraisals, and issue certificates of health status for persons subject to expulsion within the scope provided for in point a, Clause 1, Article 4 of this Decree.

 Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Any person violating the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal liability depending on the nature and severity of the violation.

Article 15.

1. This Decree shall take effect fifteen days from the date of signature.

2. The Ministry of Public Security shall be responsible for inspecting and urging the implementation of this Decree.

Article 16. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.