Decree No. 59/2026/NĐ-CP on the form of administrative expulsion penalties, measures for temporary detention of persons, escorting violators through administrative procedures, and managing foreign nationals violating Vietnamese law during the expulsion process.

 DECREE

REGULATING THE FORMS OF ADMINISTRATIVE SANCTIONS FOR DEPORTATION, MEASURES TO TEMPORARILY DETAIN PERSONS, AND FORCIBLY TRANSPORT VIOLATORS AND MANAGING FOREIGNERS WHO VIOLATE VIETNAMESE LAW DURING THE DEPORTATION PROCESS

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Prevention and Control of Domestic Violence No. 13/2022/QH15;

Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 47/2014/QH13 amended and supplemented by Law No. 51/2019/QH14 and Law No. 23/2023/QH15;

Pursuant to the Law on Administrative Sanctions No. 15/2012/QH13 amended and supplemented by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, and Law No. 88/2025/QH15;

At the proposal of the Minister of Public Security;

The Government promulgates this Decree regulating the forms of administrative sanctions for deportation, measures to temporarily detain persons, forcibly transport violators, and managing foreigners who violate Vietnamese law during the deportation process.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates the following:

1. The subjects to which it applies, procedures for applying the form of administrative sanction for deportation; rights and obligations of persons subject to the form of administrative sanction for deportation; management measures for foreigners who violate Vietnamese law during the deportation process and responsibilities of agencies and organizations implementing the form of administrative sanction for deportation.

2. Subjects to which it applies, procedures for temporarily detaining persons and forcibly transporting violators according to administrative procedures; cases where temporary detention and forcible transportation of violators according to administrative procedures are applied; rights and obligations of persons subject to temporary detention and forcible transportation according to administrative procedures.

3. Other relevant provisions related to the application of the form of administrative sanction for deportation and measures to temporarily detain persons and forcibly transport violators according to administrative procedures.

Article 2. Subjects to Which It Applies

This Decree applies to:

1. Persons who commit administrative violations and are temporarily detained according to administrative procedures.

2. Persons who commit administrative violations and are forcibly transported.

3. Foreigners who commit violations of Vietnamese law and must be deported according to the law on administrative sanctions.

4. Persons with authority to apply the form of administrative sanction for deportation; persons with authority to temporarily detain persons according to administrative procedures; persons with authority to perform forcible transportation of violators according to regulations while performing official duties.

5. Other agencies, units, and organizations related to the application of the form of administrative sanction for deportation, measures to temporarily detain persons, forcibly transport violators according to administrative procedures, and managing foreigners who violate Vietnamese law during the deportation process.

Article 3. Principles of Application

1. Temporary detention of persons, forcible transportation of violators according to administrative procedures, and application of the form of administrative sanction for deportation must ensure compliance with principles, correct subjects, procedures, authorities, and time limits prescribed in the Law on Administrative Sanctions, this Decree, and other relevant laws.

2. All acts that infringe upon the life, health, honor, dignity, property of persons temporarily detained, forcibly transported according to administrative procedures, and persons subject to the form of administrative sanction for deportation are strictly prohibited. Gender equality and legitimate rights and interests of women and children must be ensured.

3. Procedures for applying the form of administrative sanction for deportation, measures to temporarily detain persons, forcibly transport violators according to administrative procedures, and managing foreigners who violate Vietnamese law during the deportation process on electronic platforms shall be implemented in accordance with Article 18a of the Law on Administrative Sanctions and Articles 28a and 28b of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and enforcement measures of the Law on Administrative Sanctions, amended and supplemented by Decree No. 68/2025/NĐ-CP dated March 18, 2025 of the Government and Decree No. 190/2025/NĐ-CP dated July 1, 2025 of the Government.

Article 4. Guarantee funds

1. Guarantee funds for the application of expulsion penalties, management of foreign nationals violating Vietnamese laws during the expulsion procedure, implementation of temporary detention measures, and escorting violators according to administrative procedures, including:

a) Expenses for investment, construction, repair, and upgrading of detention facilities managed by the Ministry of Public Security;

b) Expenses for purchasing equipment, means of transportation, weapons, support tools, and other conditions serving the application of expulsion penalties, management of foreign nationals violating Vietnamese laws during the expulsion procedure, implementation of temporary detention measures, and escorting violators according to administrative procedures;

c) Expenses for food, drink, medical examination, and treatment for temporarily detained individuals, costs for organizing funerals when those under management, temporary detention, or escorting die during such periods if they or their families cannot cover these expenses themselves;

d) Expenses for food, drink, and accommodation at detention facilities designated by the Ministry of Public Security for foreign nationals violating Vietnamese laws during the expulsion procedure if the violators cannot cover these expenses themselves;

đ) Expenses for preparing files to apply expulsion penalties, manage foreign nationals during the expulsion procedure, track down escaped expellees, and enforce expulsion penalty decisions;

e) Other expenses serving the application of expulsion penalties, management of foreign nationals violating Vietnamese laws during the expulsion procedure, implementation of temporary detention measures, and escorting violators according to administrative procedures.

2. Guarantee funds for the application of temporary detention measures, escorting violators according to administrative procedures, and applying expulsion penalties, managing foreign nationals violating Vietnamese laws during the expulsion procedure shall be provided from the state budget. The preparation of budgets, management, utilization, and settlement of funds from the state budget shall be carried out in accordance with the State Budget Law and related regulatory legal documents.

Chapter II

EXPULSION PENALTIES AND MANAGEMENT OF FOREIGN NATIONALS VIOLATING VIETNAMESE LAWS DURING THE EXPULSION PROCEDURE

Article 5. Subjects of Application of Expulsion Penalties

Individuals who are foreign nationals committing administrative violations within the territory, adjacent maritime zones, exclusive economic zones, and continental shelf of the Socialist Republic of Vietnam; on aircraft bearing Vietnamese nationality, ships flying the flag of Vietnam shall be subject to expulsion penalties as prescribed in the Law on Handling Administrative Violations and Government Decrees detailing the Law on Handling Administrative Violations regarding administrative violation penalties in various fields.

Article 6. Authority to Apply Expulsion Penalties

The authority to apply expulsion penalties shall be implemented as stipulated in Clause 6, Point đ Clause 7, Clause 9 Article 8 of Decree No. 189/2025/NĐ-CP dated July 1, 2025 of the Government detailing the Law on Handling Administrative Violations concerning the authority to impose administrative violation penalties.

Article 7. Rights and Obligations of Persons Subject to Deportation as a Form of Administrative Sanction

1. Persons subject to deportation as a form of administrative sanction have the following rights:

a) To be informed of the reasons for deportation and to receive the decision on administrative violation with deportation applied (hereinafter referred to as the deportation penalty decision) at least 48 hours before its implementation;

b) To contact and notify diplomatic agencies and consular offices of their country;

c) To request an interpreter when dealing with authorities or persons with jurisdiction;

d) To request competent authorities with jurisdiction to review the deportation penalty decision in accordance with the law;

đ) To implement the provisions stipulated in Decree No. 65/2020/NĐ-CP dated June 10, 2020 of the Government regarding organization and treatment for persons residing at accommodation facilities during the waiting period for departure;

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

g) To lodge complaints and denunciations in accordance with the law;

2. Obligations of persons subject to deportation:

a) To fully comply with all regulations recorded in the deportation penalty decision, except in cases provided for in Clause 4, Article 10 of this Decree;

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

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

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

đ) To complete necessary procedures to leave Vietnam within the time limit specified in the deportation penalty decision;

Article 8. Procedures and Documents for Proposing Application of Deportation as a Form of Administrative Sanction

1. Procedures for proposing application of deportation as a form of administrative sanction:

a) Public servants who discover foreign nationals committing acts of law violations that fall under the application of deportation shall prepare administrative violation records in accordance with Clauses 1, 2, 3, 4, 5, 6, 7, and 8 of Article 12 of Decree No. 118/2021/NĐ-CP amended and supplemented by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP and other decrees regulating administrative sanctions in various fields;

b) Within the time limit stipulated in Clause 9 of Article 12 of Decree No. 118/2021/NĐ-CP amended and supplemented by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP, the person preparing the administrative violation record must send relevant documents related to the violation to the provincial immigration management agency where the violation occurred to establish a file proposing the application of deportation. In cases of violations discovered by central agencies or specialized units under the Ministry of Public Security, relevant documents related to the violation are sent to the Immigration Management Department under the Ministry of Public Security to establish a file proposing the application of deportation;

c) Within three working days from the date of receiving relevant documents related to the violation, the provincial immigration management agency or specialized units under the Immigration Management Department shall be responsible for checking the relevant documents related to the violation; if the conditions for applying deportation are not met, they must immediately inform the discovering agency; if the conditions for applying deportation are met, they shall complete the file proposing the application of deportation in accordance with Clause 2 of this Article;

2. Documents for proposing application of deportation include:

a) Summary of the criminal record and the act of law violation of the person proposed to be subject to deportation;

b) Administrative violation record of the person proposed to be subject to deportation;

c) Evidence and materials concerning the administrative violation;

d) Materials on forms of administrative sanctions already applied (in cases of repeated offenses or recidivism);

đ) A document proposing the application of deportation, clearly stating whether deportation is the main form of punishment or supplementary form of punishment as provided for in Point b, Clause 1, Article 9 of this Decree.

Article 9. Decision on Deportation Penalty

1. Within two working days from the date of completing the file proposing to apply the deportation penalty, the provincial public security exit-entry management agency or the business department under the Exit-Entry Administration Department of the Ministry of Public Security shall perform as follows:

a) In cases where the violation falls within the authority to impose penalties of the Head of the Provincial Public Security Exit-Entry Management Department, the person with such authority shall issue the decision on deportation penalty;

b) In cases where the violation falls within the authority to impose penalties of the Director of the Provincial Public Security, the provincial public security exit-entry management agency shall report to the Director of the Provincial Public Security for consideration and issuance of the decision on deportation penalty against the foreigner who has committed an administrative offense. In cases where the violation falls within the authority to impose penalties of the Director of the Exit-Entry Administration Department, the business department under the Exit-Entry Administration Department shall report to the Director of the Exit-Entry Administration Department for consideration and issuance of the decision on deportation penalty against the foreigner who has committed an administrative offense.

2. The decision on deportation penalty shall be established according to Model Decision No. 02 issued together with Decree No. 118/2021/NĐ-CP amended and supplemented by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP.

3. The decision on deportation penalty must be sent to the person to be deported, relevant agencies and individuals for enforcement, and must be notified to the Ministry of Foreign Affairs of Vietnam, consular authorities, diplomatic missions of the country of which the person to be deported is a citizen or the last country of residence before coming to Vietnam at least 48 hours prior to enforcement, in accordance with Article 84 of the Law on Handling Administrative Violations.

Article 10. Enforcement of the Decision on Deportation Penalty

1. The public security agency, the person authorized to apply the deportation penalty shall be responsible for organizing the enforcement of the decision on deportation penalty.

2. The delivery of the decision on deportation penalty shall be carried out in accordance with Article 70 of the Law on Handling Administrative Violations and Article 17a of Decree No. 118/2021/NĐ-CP amended and supplemented by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP.

3. A foreign individual subject to the deportation penalty must comply with the decision on penalty in accordance with Clause 1 of Article 73 of the Law on Handling Administrative Violations.

4. In cases where the decision on administrative violation penalty includes a main penalty of fine and a supplementary penalty of deportation, the procedures for organizing the enforcement of the decision on deportation penalty shall be carried out in accordance with the Law on Handling Administrative Violations and Decree No. 118/2021/NĐ-CP amended and supplemented by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP. When carrying out the procedure for compulsory enforcement of the decision on administrative violation penalty as prescribed but the violator does not have assets or financial capability to enforce the fine in the decision on penalty and it is necessary to meet national security, public order, and social safety requirements, the deportation penalty may be enforced immediately and the compulsory enforcement shall be terminated upon completion of the enforcement of the deportation penalty.

Article 11. Suspension of Enforcement of the Decision on Deportation Penalty

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

a) Seriously ill requiring emergency treatment or undergoing treatment that cannot carry out the decision on deportation penalty, certified by a medical facility at the basic level or higher;

b) Must fulfill civil, administrative, or economic obligations as prescribed by law, except for the case stipulated in Clause 4 of Article 10 of this Decree;

c) The person subject to the deportation penalty is also a suspect or party in a case being handled by the investigation agency;

d) Cases due to epidemic, natural disaster, war, or the receiving country has not agreed to allow entry.

2. The person authorized to issue the decision on deportation penalty has the authority to suspend the enforcement of this decision.

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

Article 12. Documents for applying the expulsion penalty form

1. The documents for applying the expulsion penalty form include:

a) Decision on the expulsion penalty;

b) Application dossier for applying the expulsion penalty form as prescribed in Clause 2, Article 8 of this Decree;

c) Copy of passport or copy of other identity documents instead of passport of the person to be expelled (if available);

d) Certificates proving completion of other obligations (if available);

đ) Other related documents.

2. The immigration management agency of the provincial police or the business department under the Immigration Management Department of the Ministry of Public Security shall be responsible for establishing the dossier for applying the expulsion penalty form as prescribed in Clause 1 of this Article and implementing according to the regulations of the Minister of Public Security on the dossier work of the People's Public Security.

Article 13. Management of foreigners violating Vietnamese laws during the expulsion procedure

1. In cases where it is necessary to apply measures to manage foreigners violating Vietnamese laws during the expulsion procedure as prescribed in Clause 1, Article 130 of the Law on Handling Administrative Violations, the authority authorized to apply the expulsion penalty form as prescribed in Article 6 of this Decree shall decide to apply management measures against foreigners during the expulsion procedure.

2. Foreigners violating Vietnamese laws during the expulsion procedure shall be subject to management measures in the following cases:

a) When there is evidence that if necessary measures are not applied to manage them, they will evade or obstruct the enforcement of the expulsion penalty decision;

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

3. Measures to manage foreigners violating Vietnamese laws during the expulsion procedure include:

a) Limiting the movement of the person being managed;

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

c) Temporarily holding the passport or other identity documents instead of the passport of the person being managed.

4. The decision to apply management measures against foreigners violating Vietnamese laws during the expulsion procedure includes the following basic contents:

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

b) Name, title, position, agency, unit of the issuer;

c) Name, date of birth, nationality, occupation, passport number or substitute identity document number of the person subject to management measures (if available);

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

đ) Effectiveness of the decision to apply management measures; duration of application of management measures;

e) Scope, location of application of travel restriction measures (for travel restriction measures);

g) Designated place of residence of the person being managed (for designated place of residence measures);

h) Reason for temporarily holding the passport or other identity documents instead of the passport of the person being managed (for temporary holding of passport or other identity documents instead of passport measures);

i) Name, signature, stamp of the issuer;

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

5. In cases where the designated place of residence measure is applied, foreigners violating Vietnamese laws during the expulsion procedure shall be designated to stay at accommodation facilities managed by the Ministry of Public Security or other accommodation facilities designated by the Ministry of Public Security. The application of the designated place of residence measure for foreigners violating Vietnamese laws during the expulsion procedure shall be implemented in the following cases:

a) Not having a passport or substitute identity documents, lacking the necessary conditions to carry out the expulsion;

b) Having no place of residence or exceeding the residence period;

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

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

đ) Engaging in escape behavior, preparing to escape, or other behaviors causing difficulties for the enforcement of the expulsion decision;

e) Suffering from infectious diseases as required by laws on preventing and controlling infectious diseases to be quarantined;

g) Persons suffering from mental illness or other illnesses that impair their ability to understand or control their behavior;

h) Voluntarily requesting to enter accommodation facilities.

6. Temporary detention centers, administrative detention rooms, criminal detention centers, pre-trial detention centers, prisons shall not be used to manage foreigners violating Vietnamese laws during the expulsion procedure.

7. When designating the place of residence of the person being managed, the authority prescribed in Clause 1 of this Article shall be responsible for sending to the accommodation facility a copy of the dossier of the person being managed including: the decision to apply management measures against foreigners violating Vietnamese laws during the expulsion procedure, summary of background and law violations of the person proposed to be managed.

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

1. The residence regimes for foreigners subject to the deportation penalty during the deportation process shall be implemented in accordance with the provisions of Chapter II of Decree No. 65/2020/NĐ-CP.

2. The expenses for the treatment of those residing shall be implemented in accordance with the provisions of Decree No. 65/2020/NĐ-CP.

Article 15. Responsibilities of the Exit and Entry Administration under the Ministry of Public Security and Local Police Authorities

1. Responsibilities of the Exit and Entry Administration under the Ministry of Public Security:

a) Prepare files to enforce decisions on applying the deportation penalty, including: decision on applying the deportation penalty; copies of passports or other identity documents replacing passports of the person being deported; certificates proving completion of other obligations (if any); related documents;

b) Send the deportation penalty decision in accordance with Clause 2, Article 10 of this Decree, send the decision to postpone enforcement of the deportation penalty decision and the decision on applying measures to manage foreigners violating the law during the deportation process within three working days from the date of issuance to the Ministry of Foreign Affairs to notify the diplomatic or consular authorities of the country of which the person is a citizen; at the same time, send a copy of the decision to the person being deported for enforcement;

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

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

đ) Organize deportation according to the decision.

2. Responsibilities of local police authorities where the file proposing application of the deportation penalty is established:

a) Prepare files to enforce the deportation penalty decision in accordance with point a, Clause 1 of this Article;

b) Collect and receive necessary information and documents for organizing the enforcement of the deportation penalty decision;

c) Manage the subject during the period of establishing the file proposing application of the deportation penalty in accordance with Article 13 of this Decree;

d) Hand over the subject to the exit and entry management agency when requested;

đ) Coordinate with the exit and entry management agency and border gate management agency in enforcing the deportation penalty decision;

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

Chapter III

TEMPORARY DETENTION OF PERSONS UNDER ADMINISTRATIVE PROCEDURES

Article 16. Temporary Detention of Persons Under Administrative Procedures

Temporary detention of persons under administrative procedures may 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 institutions, compulsory education facilities, or compulsory drug rehabilitation centers.

4. Individuals who commit domestic violence in violation of 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 temporarily detain individuals under administrative procedures

In the cases specified in Article 16 of this Decree, those authorized to decide on the temporary detention of individuals under administrative procedures shall implement according to the provisions of Article 123 of the Law on Handling Administrative Violations.

Article 18. Duration of Temporary Detention Under Administrative Procedures

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

2. The duration of temporary detention under administrative procedures must be clearly recorded in the decision on temporary detention of individuals under administrative procedures issued by the authorized person making such a decision.

Article 19. Transfer and Reception of Individuals Engaged in Administrative Violations

1. The authorized person for temporary detention of individuals under administrative procedures shall conduct a record of transfer and reception of individuals engaged in administrative violations with organizations or individuals escorting the violators or assign someone currently performing their duties to conduct a record of transfer of individuals engaged in administrative violations according to Model Record No. 22 promulgated together with Decision No. 118/2021/NĐ-CP amended and supplemented by Decisions No. 68/2025/NĐ-CP and No. 190/2025/NĐ-CP.

2. Immediately after completing the record of transfer of individuals engaged in administrative violations, if it is deemed necessary to temporarily detain the violator under administrative procedures, the authorized person issuing the decision on temporary detention of individuals 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 authorized person for temporary detention of individuals under administrative procedures must immediately release that individual and return their personal belongings, property, means of transportation, and documents (if any) to them if these personal belongings, property, and documents are not subject to measures of temporary detention of contraband items or means of transportation involved in administrative violations.

3. The record of transfer and reception of individuals engaged in administrative violations must be made in two copies and read aloud for all participants signing the record to hear; one copy is retained by the receiving party, and one copy is retained by the transferring party.

Article 20. Decision on Temporary Detention Under Administrative Procedures

1. In cases where there is sufficient basis for temporary detention of individuals under administrative procedures as stipulated in Article 16 of this Decree and it is deemed necessary to apply the measure of temporary detention under administrative procedures against individuals who have committed acts violating the law, the authorized person for temporary detention of individuals under administrative procedures must immediately issue a decision on temporary detention.

2. The decision on temporary detention of individuals under administrative procedures shall be made according to Model Decision No. 18 promulgated together with Decision No. 118/2021/NĐ-CP amended and supplemented by Decisions No. 68/2025/NĐ-CP and No. 190/2025/NĐ-CP.

3. When there is evidence suggesting that the act of violating the law by the individual temporarily detained under administrative procedures has criminal indications, the person issuing the decision on temporary detention must immediately transfer the relevant file concerning the act with criminal indications and the individual temporarily detained to the competent authority for criminal proceedings to handle according to the provisions of Article 62 of the Law on Handling Administrative Violations.

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

Article 21. Extension of Detention Period

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

2. The decision to extend the detention period shall be made according to Decision Form No. 19 issued together with Decree No. 118/2021/NĐ-CP, amended and supplemented by Decrees No. 68/2025/NĐ-CP and No. 190/2025/NĐ-CP.

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

Article 22. Revocation of Application of Administrative Detention Measures

1. The revocation of the application of administrative detention measures shall be carried out when:

a) The person under administrative detention suffers from a disease as stipulated at point c, Clause 1 of this Decree;

b) There is evidence suggesting that the administrative violation committed by the person under administrative detention may constitute a criminal offense;

c) The grounds for administrative detention have ceased but the detention period recorded in the detention decision has not yet expired.

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

3. The decision to revoke the application of administrative detention measures shall be made according to Decision Form No. 29 issued together with Decree No. 118/2021/NĐ-CP, amended and supplemented by Decrees No. 68/2025/NĐ-CP and No. 190/2025/NĐ-CP.

4. The decision to revoke the application of administrative detention measures must be recorded in the logbook for persons under administrative detention and signed by the person whose measures are being revoked. If the person whose measures are being revoked refuses to sign, the authority issuing the decision to revoke the application of administrative detention measures must make a record or assign the person currently executing the administrative detention duties to make a record and clearly state the reason in the record. The record must have the signature of the witness (if any), the recorder, and the authority issuing the decision to revoke the application of administrative detention measures.

5. The authority issuing the decision to revoke the application of administrative detention measures must transfer the file and hand over the person under administrative detention along with any contraband items or means of violation (if any) to the competent criminal prosecution agency for handling in accordance with the law if the case falls under point b, Clause 1 of this Article.

Article 23. Place of Detention

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

2. The administrative detention house or administrative detention cell must be designed and constructed solidly, equipped with an external lock, sufficient lighting, ventilation, hygiene, fire prevention and firefighting safety, convenient for supervision and protection. Persons detained overnight must be provided with beds and bedding such as blankets, quilts, mosquito nets; the minimum space for each person is 2m.².

3. Children under administrative detention must be held in separate cells, isolated from adults.

Article 24. Notification of the Decision to Detain Temporarily

1. The notification of the decision to detain temporarily shall be carried out in accordance with Clause 4 of Article 122 of the Law on Handling Administrative Violations. In cases where it is not possible to notify, the person detained must be informed through administrative procedures and the reason must be clearly recorded in the book for monitoring persons detained administratively.

2. In cases where the person detained through administrative procedures is a foreign national, the person issuing the decision to detain must immediately report to the head of the competent authority at a higher level to send a document to the Ministry of Foreign Affairs to inform the consulate, diplomatic mission of the country of which the person is a citizen; cooperate with the Ministry of Foreign Affairs to arrange for representatives of the consulate or diplomatic mission of that country to visit if requested, and coordinate to handle other related foreign affairs issues.

Article 25. Acceptance of Persons Detained Through Administrative Procedures

When accepting persons detained through administrative procedures, the person assigned the task of receiving and managing such persons shall have the responsibility to:

1. Check and compare the decision to detain temporarily with the person detained administratively.

2. Examine and record the health condition of the person detained through administrative procedures.

3. Inspect personal belongings and items allowed to be brought by the person detained; disseminate the rights and obligations of the person detained; internal regulations of the detention facility and other relevant provisions.

4. Record in the book for monitoring persons detained through administrative procedures.

Article 26. Management of Persons Detained Through Administrative Procedures

1. The person assigned the task of managing persons detained through administrative procedures shall have the responsibility to regularly supervise, protect, and strictly manage the detained persons, ensuring security, safety, and order at the detention facility, preventing the escape of detained persons or self-inflicted injuries.

2. In cases where signs of injury, abnormal psychological or health conditions, or behavior are observed in the detained person, the person assigned the management task shall prepare a record of the condition of the detained person and immediately report to the person authorized to issue the decision to detain or the head of the detention facility to promptly organize medical examination and treatment and take appropriate measures.

3. In cases where circumstances related to the violation case or where the detained person conceals weapons, explosive materials, auxiliary tools, evidence, or means of violating the law are discovered, a record of the discovery of these related circumstances and a record of the temporary detention of weapons, explosive materials, auxiliary tools, evidence, or means of violating the law must be prepared.

4. Personal belongings and property of the detained person must be deposited at the detention facility. The handover and receipt of deposited personal belongings and property must be fully and specifically recorded in the book for monitoring the detention of persons through administrative procedures and must be confirmed by the detained person.

5. In cases where the quantity of deposited personal belongings and property is large or their value is high, the staff responsible for management must prepare a record of depositing personal belongings and property, in which the quantity, type, code, form, condition of the items, and other related matters must be fully and specifically recorded. The record of depositing property must be made in two copies, bearing the signature confirmation of the detained person, the signature of the person receiving the property for safekeeping, and given one copy to each party.

6. When the detention period expires or the person detained through administrative procedures is transferred to another location, the detained person shall be returned all deposited personal belongings and property intact. In cases where deposited personal belongings and property are found to be lost or damaged, the detained person has the right to request the detention agency to compensate according to the provisions of the law.

Article 27. Rights and Obligations of Persons Under Administrative Detention

1. Persons under administrative detention have the following rights:

a) To be informed about the application of administrative detention measures against them;

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

c) To request the person issuing the administrative detention decision to notify the family, workplace, or educational institution of the decision regarding their detention, as provided for in Clause 1, Article 24 of this Decree;

d) To contact and access legal counsel or persons providing legal aid;

đ) To have their dietary regime guaranteed as stipulated in Article 28 of this Decree;

e) To receive medical treatment and care when they fall ill, as stipulated in Article 29 of this Decree.

2. Persons under administrative detention have the following obligations:

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

b) To follow instructions and orders from the person issuing the administrative detention decision and those responsible for managing and securing the administrative detention facility;

c) Not to bring weapons, explosives, support tools, electronic devices capable of transmitting signals, harmful cultural products, alcohol, beer, or other addictive substances, or items that may affect the order and safety of the administrative detention facility.

Article 28. Dietary Regime of Persons Under Administrative Detention

1. In cases where the person under administrative detention or their family cannot ensure their own dietary needs, the agency or unit of the authority issuing the administrative detention decision shall be responsible for ensuring a dietary regime for the person under administrative detention according to a standard of 0.6 kilograms of regular white rice; 0.2 kilograms of pork; 0.5 kilograms of vegetables; 2 liters of boiled water cooled down; fish sauce, salt, other seasonings, and appropriate fuel. This regime is funded by the state budget and converted into money based on market prices at each location and time period.

2. The regime for persons under administrative detention during holidays and Tet is implemented as follows:

a) On Lunar New Year's Day, the person under administrative detention can have additional meals, but the total amount of food consumed (including additional meals) shall not exceed five times the daily standard;

b) On New Year's Day and other holidays, the person under administrative detention can have additional meals, but the total amount of food consumed (including additional meals) shall not exceed three times the daily standard;

c) The agency managing the administrative detention facility may adjust the meal quantities mentioned above to suit the actual conditions, culture, religion, and taste preferences of the person under administrative detention to ensure they consume the full standard.

3. Agencies and units with the function of administrative detention must maintain records to monitor the management, use, and settlement of funds for implementing the dietary regime of persons under administrative detention in accordance with the law.

Article 29. Handling Cases Where Persons Under Administrative Detention Fall Ill or Die During Detention

1. Handling cases where persons under administrative detention fall ill:

a) If a person under administrative detention falls ill during detention, they shall be treated on-site;

b) If emergency medical care is required, the agency, unit, and direct manager of the person under administrative detention shall be responsible for transporting them to the nearest healthcare facility for treatment, while immediately informing their family or close relatives so they can provide care;

c) If the family or close relatives of the person under administrative detention submit a request to take them home for care and it is deemed unnecessary to continue the detention, the authority with the power to detain may decide to terminate the detention in accordance with Article 22 of this Decree;

d) If the person under administrative detention does not have a fixed residence or if their family or close relatives live far away and cannot promptly reach the detention facility to provide care, the agency or unit managing the administrative detention facility shall directly assume responsibility for caring for the person under administrative detention.

2. Handling cases where persons under administrative detention die during detention:

a) If a person under administrative detention dies during detention, the person issuing the detention decision must immediately report to the competent investigative and prosecution agencies to handle the matter in accordance with the law, while simultaneously preparing a record of the death, preserving the scene according to regulations, and informing the family or close relatives of the deceased; the family of the person under administrative detention is responsible for burying the deceased;

b) If a person under administrative detention dies without family or close relatives, the burial will be handled by the agency or unit managing the detention facility in coordination with the local government authority; the burial expenses in such cases shall be covered by the state budget in accordance with the law;

c) If a person under administrative detention who is a foreign national dies, the person issuing the administrative detention decision must immediately report to the higher competent authority to inform the Ministry of Foreign Affairs or the competent state agency, and coordinate with the consulate or diplomatic mission of the country of which the deceased is a citizen to cooperate in handling the situation.

3. The record of the death of a person under administrative detention during detention shall include the following basic contents:

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

b) Personal identification number, passport number, or related personal documents;

c) Place of detention;

d) Health status of the person under administrative detention upon reception;

đ) Management process of the person under administrative detention from reception until their death;

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

Chapter IV

ENFORCEMENT OF PERSONS THROUGH ADMINISTRATIVE PROCEDURES

Article 30. Enforcement of Offenders

1. An offender who does not voluntarily comply with the request of an authorized person due to no objective obstacles or force majeure shall be enforced under the following circumstances:

a) Being temporarily detained according to 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 carrying out their duties as stipulated in Article 31 of this Decree shall enforce the offender.

Article 31. Implementation of Enforcement

The following persons carrying out their duties shall enforce offenders through administrative procedures:

1. Authorized persons carrying out their duties from the People's Public Security Force, Border Guard, Coast Guard, Customs, Forest Rangers, Tax Authority, Market Management Authority, Inspection Authority, Civil Execution Authority, Fisheries Surveillance, Maritime Port Inspection, Civil Aviation Port Inspection, Inland Waterway Port Inspection.

2. Other authorized persons carrying out their duties as prescribed by the Law on Handling Administrative Violations and other relevant legal documents.

Article 32. Procedures for Enforcing Offenders

1. Before enforcing an offender, the person carrying out enforcement must explain to the person being enforced about their rights and obligations during the enforcement process as prescribed by law, and answer any questions raised by the person being enforced.

2. During the enforcement process, safety must be ensured for the person carrying out enforcement tasks and the person being enforced. The use of weapons and support tools when applying enforcement measures shall be carried out in accordance with the provisions of the law on the management and use of weapons, explosives, and support tools.

3. The person carrying out enforcement tasks must closely monitor and manage the person being enforced, remain vigilant, and promptly handle complex situations that arise during the enforcement process; they may not arbitrarily address requests from the person being enforced while the enforcement is ongoing.

Article 33. Handover of Persons Being Enforced

1. The handover of persons being enforced must be recorded in a handover record of persons being enforced according to Model Record No. 22 issued together with Decision No. 118/2021/NĐ-CP amended and supplemented by Decision No. 68/2025/NĐ-CP and Decision No. 190/2025/NĐ-CP.

2. When arriving at the location for enforcement, the person carrying out the enforcement of offenders must invite representatives of the local authority where the person being enforced resides or is managed, representatives of the agency or organization where the person being enforced works or studies, and witnesses.

3. The person receiving the person being enforced must conduct checks and cross-referencing of photographs, personal identification documents, and confirm that the person being enforced is the correct offender subject to administrative enforcement.

Article 34. Handling Certain Situations During the Enforcement of Offenders

1. In cases where the person being enforced is a minor or engages in opposition, cursing, or insulting behavior but does not attack with violence, the person carrying out enforcement has the responsibility to explain the legal provisions to the person being enforced, requiring them to comply; if the person being enforced attacks with violence, the person carrying out enforcement has the right to use force, handcuff, leg-shackle, or use weapons and support tools as prescribed by law to control and neutralize the opposing behavior of the person being enforced.

2. In cases where the offender being enforced escapes, the person carrying out enforcement must request those present to cooperate in capturing the escapee; if the escapee cannot be immediately captured, they must promptly report to the unit head and contact the local authority where the incident occurred to develop a plan to track down the escaped offender; simultaneously, a record of the escape must be established, signed by witnesses; if there are no witnesses, the reason must be clearly stated in the record.

3. In cases where the person being enforced suddenly falls ill and requires immediate medical attention, the person carrying out enforcement must quickly transport them to the nearest medical facility. The enforcement or transportation to a higher-level medical facility for continued treatment must be confirmed in writing by the medical facility regarding the health condition of the person being enforced, and the person carrying out enforcement must immediately report to the direct commander. During the emergency treatment period at the medical facility, the person carrying out enforcement must organize strict guarding and monitoring of the offender to prevent their escape or unauthorized contact with others.

4. In cases where the person being enforced dies, they must be transported to the nearest medical facility and immediately reported to the unit head, investigation authority, and prosecution office where the incident occurred to proceed with the necessary procedures as prescribed by law.

5. All enforcement of offenders must prepare necessary conditions in advance and coordinate with the local authority where the offender is being escorted to.

Chapter V

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 35. Responsibilities of the Ministry of Public Security

1. To take the lead and coordinate with ministries, ministerial-level agencies, provincial People's Committees to organize the implementation 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.

2. To direct and guide public security units and localities in implementing the application of expulsion penalties, temporary detention, escorting violators through administrative procedures, establishing, registering, and managing files according to regulations on public security personnel work; managing foreign nationals who violate Vietnamese laws and are subject to expulsion during the expulsion process; organizing expulsions based on decisions; transferring expelled individuals to immigration management authorities when requested; and coordinating with relevant agencies to ensure the rights and obligations of those being expelled.

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

4. To compile statistics on the application and implementation of expulsion decisions.

Article 36. Responsibilities of the Ministry of Foreign Affairs

1. To handle diplomatic procedures related to the implementation of expulsion penalty decisions and other related procedures for cases where the individual temporarily detained or escorted through administrative procedures is a foreign national.

2. To exchange and provide information to competent authorities abroad, consular offices, and diplomatic missions of the country whose citizen is the violator when that person is subject to temporary detention measures, escorting through administrative procedures, or expulsion penalties, or of the country where the person subject to expulsion penalties resided last before coming to Vietnam.

3. To direct provincial foreign affairs agencies to cooperate with functional agencies, consular offices, or diplomatic missions of the country whose citizen is the violator who has been administratively detained or expelled (in case the violator dies) to resolve issues.

Article 37. Responsibilities of the Ministry of Finance

1. To 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.

2. To develop and allocate state budget capital investment plans to implement new construction and repairs of places of temporary detention through administrative procedures and facilities managed by the Ministry of Public Security.

Article 38. Responsibilities of the Ministry of National Defense

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

2. To coordinate with the Ministry of Public Security and other ministries and sectors in implementing and exchanging information related to expulsions, escorting violators, and temporary detention of violators through administrative procedures.

Article 39. Responsibilities of the Ministry of Health

Directs and guides health agencies and medical facilities under its management to organize medical examinations, treatments, health care, and medical appraisals for persons subject to expulsion penalties and administrative detention procedures in accordance with the provisions of the law.

Article 40. Responsibilities of the People's Committee of the province

Within the scope of their tasks and powers, the provincial People's Committee is responsible for coordinating with relevant ministries and agencies to direct local functional agencies in implementing expulsion penalties, temporary detention measures, and escorting violators through administrative procedures.

Article 41. Responsibilities of related agencies, organizations, and individuals

Related agencies, organizations, and individuals are responsible for cooperating and assisting functional agencies in implementing expulsion penalties.

Chapter VI

IMPLEMENTING PROVISIONS

Article 42. Effective Date

1. This Decree shall take effect from April 1, 2026, and replace Government Decree No. 142/2021/NĐ-CP dated December 31, 2021, which stipulates expulsion penalties, temporary detention measures, escorting violators through administrative procedures, and managing foreign nationals who violate Vietnamese laws during the expulsion process.

2. Repeal Article 66 of Government Decree No. 282/2025/NĐ-CP dated October 30, 2025, which stipulates administrative violations in the fields of national security, public order, social safety; prevention and control of social evils; and prevention and control of domestic violence.

3. Supplement Clause 4 following Clause 3 of Article 47 of Government Decree No. 296/2025/NĐ-CP dated November 16, 2025, which stipulates enforcement of administrative penalty decisions as follows:

"4. In cases where the administrative penalty decision imposes a primary fine and a supplementary expulsion penalty, but the violator does not have assets or financial capability to fulfill the fine in the decision, yet it is necessary to ensure national security, public order, and social safety, and the expulsion penalty has been enforced, then the termination of enforcement shall be carried out according to the Government Decree stipulating expulsion penalties, temporary detention measures, escorting violators through administrative procedures, and managing foreign nationals who violate Vietnamese laws during the expulsion process."

Article 43. Transitional Provisions

From the date this Decree takes effect:

1. Decisions on expulsion penalties, decisions on managing foreign nationals who violate Vietnamese laws during the expulsion process, decisions on administrative detention, decisions on extending the detention period, and decisions on revoking administrative detention measures issued in accordance with Government Decree No. 142/2021/NĐ-CP dated December 31, 2021, which stipulates expulsion penalties, temporary detention measures, escorting violators through administrative procedures, and managing foreign nationals who violate Vietnamese laws during the expulsion process, shall continue to be implemented until they expire.

2. For pending cases that relevant agencies or authorized persons are handling but have not yet issued decisions as stipulated in Clause 1 of this Article, they shall base their decisions on the provisions of this Decree.

Article 44. Responsibility for Implementation

1. The Ministry of Public Security assists the Government in monitoring, inspecting, and urging the implementation of this Decree.

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