Decree No. 65/2020/NĐ-CP on the organization of management and treatment for persons residing at accommodation facilities while awaiting departure.

DECREE

Regulations on organization and management and treatment regimes for persons residing at accommodation facilities during the waiting period for departure

at a place of residence during the waiting period for departure

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

Pursuant to the Criminal Enforcement Law dated June 14, 2019;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014;

Pursuant to the Law amending and supplementing some articles of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated November 25, 2019;

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 to provide detailed regulations on organization and management and treatment regimes (including food, clothing, accommodation, daily activities, communication, visits, gift receipt, medical examination, treatment, funeral expenses) for persons serving deportation sentences, foreign nationals subject to administrative penalties of deportation, and foreign nationals who have completed their prison terms and are residing at accommodation facilities of the Ministry of Public Security during the waiting period for departure procedures (collectively referred to as residents).

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to residents; agencies, organizations, and individuals related to the organization and management, and ensuring treatment regimes for residents. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such provisions shall be implemented according to the treaty.

Article 2. Applicability

This Decree applies to persons residing; agencies, organizations, and individuals related to the organization and management, ensuring the regimes for persons residing. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such provisions shall be implemented in accordance with the provisions of those international treaties.

1. The funding for the implementation of the policy on exemption and subsidy of tuition fees shall be guaranteed by the state budget in accordance with the provisions of the law on the decentralization of budget management.

Investment costs for constructing physical infrastructure, equipping facilities and means, and implementing treatment regimes for residents shall be guaranteed by the state budget and allocated in the annual state budget estimate of the Ministry of Public Security.

Chapter II
ORGANIZATION AND MANAGEMENT AND TREATMENT REGIMES FOR RESIDENTS

Article 4. Organization and Management of Residents

1. Residents must reside collectively at accommodation facilities and be subject to management and supervision by the accommodation facility, be informed of the Accommodation Facility Rules and legal regulations regarding management and implementation of treatment regimes for residents. The accommodation facility organizes the reception, management of persons with decisions to enter the accommodation facility, and the handover of residents out of the accommodation facility in accordance with the provisions of law and the Ministry of Public Security.

The accommodation facility implements regulations on guarding, escorting, and strictly managing residents during their stay; develops plans and organizes measures to ensure the safety of the accommodation facility; cooperates in searching for residents who escape from the accommodation facility; checks letters, parcels, cash, valuable papers, and items of residents to detect, prevent, and handle prohibited items brought into the accommodation facility; receives and responds to petitions and requests for information related to the accommodation facility, residents, and manages resident files and databases in accordance with the law.

2. The Ministry of Public Security shall specify the detailed rules of the accommodation facility and the procedures and formalities for receiving and managing persons with decisions to enter the accommodation facility and handing over residents out of the accommodation facility.

Article 5. Handling of Residents Violating the Accommodation Facility Rules

1. In cases where residents violate the Accommodation Facility Rules, resist, and fail to comply with the guidance of accommodation facility staff, a record must be made with witnesses present, and depending on the nature and severity of the violation, accommodation facility staff shall explain the legal regulations regarding management and implementation of treatment policies for residents, require them to comply with the Accommodation Facility Rules and orders of accommodation facility staff; if necessary, accommodation facility staff may take measures as prescribed by law to control, isolate residents in separate rooms, neutralize resistance behavior of residents, prevent and stop residents from escaping, committing acts endangering their own lives, health, or that of other residents or accommodation facility staff; destroying property of the accommodation facility. The time for management in separate rooms shall be decided by the Head of the accommodation facility.

The accommodation facility must immediately report to the Criminal Enforcement Agency of the provincial police force where the accommodation facility is located to inform the Criminal Enforcement Agency of the provincial police force where the enforcement file was established, the court that issued the enforcement decision (for residents serving deportation sentences) or the Exit and Entry Administration or the Director of the provincial police force where the expulsion recommendation file was established (for foreign nationals subject to administrative penalties of deportation) to coordinate and resolve the matter and notify the Ministry of Foreign Affairs to inform the diplomatic missions, consular offices of the country whose nationality the person holds, or the representative office of an international organization in Vietnam where the person works; simultaneously, the Criminal Enforcement Agency of the provincial police force where the accommodation facility is located shall inform the relatives or legal representatives of the residents currently in Vietnam (if any) about the situation, cooperate in encouraging, educating, and managing the residents.

2. In cases where the violation by residents indicates criminal offenses, the accommodation facility must immediately report to the competent investigative agency to initiate investigations and handle the matter in accordance with the law. During the waiting period for decisions from competent judicial agencies, the accommodation facility must strictly manage residents to prevent them from escaping, committing suicide, or violating the Accommodation Facility Rules. At the same time, it shall inform the Criminal Enforcement Agency of the provincial police force where the accommodation facility is located to inform the agencies specified in Clause 1 of this Article about the situation and coordinate in resolving the matter.

Article 6. Housing regime for persons in residence

1. Persons in residence shall be accommodated in collective rooms according to gender (male, female); the minimum lying area is 03 square meters per person (persons in residence with small children staying together shall be accommodated with a minimum lying area of 04 square meters), with a tiled base or bed, having a bathroom, mat, quilt, and mosquito net. Persons in residence who are homosexuals, transgender individuals, or those whose gender is not clearly defined may be accommodated separately.

2. Persons in residence suffering from infectious diseases group A and certain infectious diseases group B as prescribed by laws on prevention and control of infectious diseases, or persons suffering from mental illness or other illnesses that impair their ability to recognize or control their behavior must be accommodated separately in isolation rooms.

Article 7. Food and clothing regime for persons in residence

1. The food regime for persons in residence shall be guaranteed by the State, with a monthly standard quantity including: 17 kg of white rice; 15 kg of green vegetables; 01 kg of meat; 01 kg of fish; 0.5 kg of sugar; 0.75 liters of fish sauce; 0.2 liters of cooking oil; 0.1 kg of monosodium glutamate; 0.5 kg of salt; other condiments: equivalent to 0.5 kg of white rice; fuel: equivalent to 17 kg of firewood or 15 kg of coal; staple foods, foodstuffs, and fuel must meet quality standards and have average prices based on market prices in the locality. The food regime during holidays and festivals shall comply with Vietnamese law, and on one traditional national holiday and one National Day of the country of which the person in residence holds citizenship, the person in residence shall be allowed to eat additional meals but the meal standard shall not exceed five times the daily standard. The accommodation facility may decide to adjust the food quantities to suit the actual situation so that the person in residence can consume the entire standard.

2. In addition to the food standard stipulated in Clause 1 of this Article, persons in residence may use their own gifts or money to purchase additional food according to the regulations of the accommodation facility.

3. Persons in residence shall be ensured clean and safe food and drink. The accommodation facility may organize communal kitchens, with the standard equipment allowance for one communal kitchen including: stove; various types of pots for cooking rice, water, and food; frying pans, food storage cabinets, water containers; baskets, strainers, bowls, chopsticks, tables, chairs, and other necessary utensils and items for cooking, food preservation, boiling water, and distributing meals to persons in residence according to the standard portion.

4. The food regime for sick or ill persons in residence shall be decided by the Head of the accommodation facility according to the medical staff's instructions. Female persons in residence during pregnancy, childbirth, or nursing a child under 36 months old shall have their food quantity increased by two times the daily standard compared to the quantity specified in Clause 1 of this Article and may be adjusted according to the instructions of a physician or doctor.

5. Persons in residence may bring essential personal items into the accommodation facility for use according to the regulations of the Ministry of Public Security. If persons in residence lack clothes, they will be provided with one to two sets of regular clothing depending on the length of stay and seasonal climate.

Article 8. Physical exercise, sports, cultural, and artistic activity regime for persons in residence

Persons in residence may engage in physical exercise, sports, cultural, and artistic activities, reading books, listening to the radio, watching television, and using the internet, in accordance with the conditions of the accommodation facility. The accommodation facility shall be equipped with an internal broadcasting system; each room shall be equipped with one television set, and persons in residence may borrow books and newspapers from the accommodation facility. The time for physical exercise, sports, cultural, and artistic activities, reading books, listening to the radio, watching television, and using the internet for persons in residence shall be carried out in accordance with the Internal Regulations of the accommodation facility.

Article 9. Communication and Information System for Detainees

1. Detainees may communicate by telephone, receive and send letters to their relatives, legally authorized representatives, diplomatic missions, or consular offices according to the regulations of the detention facility; the cost of telephone calls and sending letters shall be borne by the detainee.

2. The communication of detainees shall be regulated as follows:

a) Detainees are allowed to send four letters per month. In cases where detainees are under verification, investigation, or handling for criminal behavior, or are related to other cases where the case-handling agency requests strict censorship on the receipt and sending of letters to prevent detainees from exchanging information with other individuals that could affect investigative activities, the Director of the detention facility must inform the case-handling agency before allowing the detainee to receive or send letters, and must reach an agreement on whether to allow such actions. If the detainee is not permitted to receive or send letters, the Director of the detention facility must prepare a record detailing the reasons and notify both the detainee and their relatives.

b) The detention facility will cooperate with local postal and telecommunications agencies to install wired or wireless fixed telephones and organize domestic telephone calls for detainees, up to four times per month, each call not exceeding ten minutes. In urgent situations, based on the detainee's application, the Director of the detention facility may consider and approve additional telephone calls but not exceeding ten minutes. During telephone calls, detainees must make calls to pre-approved phone numbers and discuss pre-approved topics. The Director of the detention facility must closely monitor the content of the conversations during telephone calls; if inappropriate content is detected, the call must be immediately terminated and the detainee informed, and a record prepared if necessary. Telephone charges will be calculated based on the rates set by the postal and telecommunications agency and paid from the detainee’s deposit account or other sources of funding, subject to the approval of the Director of the detention facility.

In cases where detainees are under verification, investigation, or handling for criminal behavior, or are related to other cases where the case-handling agency requests strict censorship on telephone communications to prevent detainees from exchanging information with other individuals that could affect investigative activities, the Director of the detention facility must inform and request cooperation from the case-handling agency to strictly control telephone communications. If inappropriate content is detected, the Director of the detention facility must immediately terminate the call, prepare a record detailing the reasons, and notify both the detainee and their relatives.

Article 10. Visitation and Gift Reception for Detainees

1. Detainees may meet their relatives or legally authorized representatives in the visitation room of the detention facility. They are allowed one visit per week, lasting no more than two hours. In cases where representatives of organizations or individuals in Vietnam request to meet the detainee, the Director of the detention facility must consider and decide, taking into account the legitimate interests of the detainee and the requirements for managing the detainee and combating crime.

Detainees who comply well with the detention facility rules may meet their spouse once a month in a private room, with each meeting not exceeding twenty-four hours. For detainees who violate the detention facility rules, they may meet their relatives once a month, with each meeting not exceeding one hour.

In cases where detainees are under investigation or handling for criminal behavior or are related to other cases where the case-handling agency requests that the detainee not be allowed to meet or requires cooperation from the detention facility to supervise visitation, the Director of the detention facility must consider and implement these measures and clearly explain them to visitors.

2. Relatives who can visit the detainee include: paternal grandparents, maternal grandparents, biological parents, parents-in-law, adoptive parents, spouse, biological children, daughters-in-law, sons-in-law, adopted children, full siblings, brothers-in-law, sisters-in-law, cousins, nephews, nieces, uncles, aunts, grandsons, granddaughters. Each visit may involve a maximum of three relatives, except in special cases where management and education of the detainee require it, the Director of the detention facility may increase the number of relatives allowed to visit up to five, provided this does not affect the security and safety of the detention facility.

3. Procedures for Visits:

a) Relatives or legally authorized representatives of the detainee wishing to visit must submit a written request in Vietnamese or a Vietnamese translation of Model No. 01 attached to this Decree and present a passport, identity card, citizen identification card, or other valid identification for the detention facility to verify and arrange the visit.

b) When a detainee is allowed to meet their spouse in a private room as stipulated in Clause 1 of this Article, the spouse must provide the required visitation procedures as specified in Point a, Clause 3 of this Article, along with documents and evidence proving their marital status, confirmed by the diplomatic mission or consulate of the country of which the spouse is a national, or the representative office of an international organization in Vietnam where the spouse works, or the People's Committee of the commune where the spouse resides (for Vietnamese spouses). Both the detainee and their spouse must submit a written request for a private visit according to Model No. 02 attached to this Decree to the Director of the detention facility for consideration and decision.

c) The decision to allow detainees to meet their relatives is made by the Director of the detention facility based on the conditions and working hours of the facility and the time frame for visits as stipulated in Clause 1 of this Article.

4. Procedures for Consular Visits:

a) Diplomatic missions and consular offices of foreign countries requesting consular visits or contacts with persons residing at detention facilities who hold their nationality must submit a written request to the Ministry of Foreign Affairs. The content of the written request shall include: the name of the diplomatic mission or consular office submitting the request; the surname, given name, nationality of the person to be visited or contacted; the detention facility where the person is residing; the surname, given name, position, and diplomatic or official identification number of those coming to visit or contact; the surname, given name, and identity card or citizen identification number of the interpreter (if any); the proposed time for the consular meeting or contact.

b) Within three working days from the date of receipt of the written request, the Ministry of Foreign Affairs shall notify the provincial criminal enforcement agency where the detention facility is located. Within five working days from the date of receipt of the notification, the provincial criminal enforcement agency where the detention facility is located must respond in writing to the Ministry of Foreign Affairs to inform the diplomatic mission or consular office that made the request to facilitate the issuance of an introduction letter for consular visits or contacts.

5. During visits, the detainee may receive letters, money, and items, except those prohibited by the detention facility's internal regulations; the detention facility is responsible for inspecting items before they are brought into the facility. The management and use of money and items of the detainee shall be carried out in accordance with Article 11 of this Decree.

6. Visitors must strictly comply with Vietnamese laws, the visiting house rules, and the guidance of detention facility staff.

Article 11. Management of Detainees' Property

For detainees holding foreign currency, negotiable instruments, gold, silver, watches, precious jewelry, personal effects, and other valuable items, the detention facility must prepare a record and seal them for safekeeping until the detainee leaves the country. In cases where the detainee requests to transfer these items to relatives or legal representatives, the detention facility is responsible for preparing a record and transferring them to the relatives or legal representatives. As for the national currency of the Socialist Republic of Vietnam (cash), it will be kept in safekeeping for the detainee's use.

Article 12. Medical Examination and Treatment System for Detainees

1. Detainees who are ill or injured shall be examined, treated, and hospitalized at the medical facility within the detention facility. If the detainee suffers from a serious illness or injury beyond the treatment capacity of the detention facility’s medical services, they shall be transferred to higher-level medical facilities such as district or provincial hospitals or military regional hospitals for treatment. The diet, medication distribution, and supplementary care for detainees shall be determined by the medical facility based on the nature of the illness and its severity; regular medication costs for detainees shall be equivalent to 3 kilograms of medium-grade white rice per person per month. If a detainee wishes to seek medical examination and treatment at a hospital of their choice, permission from the head of the detention facility is required, and the detainee must bear the cost themselves.

The detention facility must inform the provincial criminal enforcement agency about the detainee's treatment at higher-level medical facilities so that the agency can inform the relevant agencies specified in Clause 1 of Article 5 of this Decree and the relatives or legal representatives of the detainee currently in Vietnam (if any) to coordinate care and treatment.

The cost of medical examinations and treatments for detainees at state medical facilities is provided by the state. If high-tech procedures or large expenses exceed the standard, the detainee must pay the excess themselves.

2. Female detainees during pregnancy shall receive regular or emergency prenatal check-ups and necessary medical care when needed; at childbirth, the detention facility is responsible for transporting the female detainee to the nearest state medical facility for delivery and providing essential supplies for newborn care equivalent to one month's food allowance for children under 36 months old as stipulated in Article 13 of this Decree. After childbirth, if requested, the detention facility shall assist in registering the birth of the child according to Vietnamese law. The cost of medical care for female detainees during pregnancy and childbirth at state medical facilities is provided by the state.

3. The detention facility is responsible for coordinating with medical facilities and the provincial criminal enforcement agency where the detention facility is located to manage detainees during medical examinations, treatments, or childbirth.

Article 13. Treatment for children of persons residing together with their parents at the detention facility

1. Children under 16 years old who reside with their parents at the detention facility shall be allocated sleeping space in the same room as their parents, in accordance with actual conditions and age and gender characteristics. The provisions for food, clothing, accommodation, medical examination, treatment, and burial (if deceased) shall be implemented as for residents, but adapted to children according to Vietnamese law; on International Children's Day (June 1st) and Mid-Autumn Festival, they shall receive double the usual daily food allowance. For children under 36 months old, each month they shall be provided with additional milk and essential living supplies worth the equivalent of 20 kilograms of medium-grade white rice per child. Based on the age of the child and actual conditions, the detention facility may adjust the quantity of food allowances to meet the nutritional needs of the child or convert them into cash and deposit it for the parents to use in caring for and raising the child.

2. Children aged from 14 to under 16 years old who reside with their parents at the detention facility but have a different gender than their parents may be arranged to stay separately from the resident parent.

Article 14. Handling cases where a resident or the child of a resident dies while residing together with their parents at the detention facility

1. In the event that a resident or the child of a resident dies at the detention facility, the detention facility must immediately report to the Criminal Enforcement Agency of the Provincial Public Security Department, the Investigative Agency, and the People's Procuratorate of the province where the detention facility is located to determine the cause of death. The Criminal Enforcement Agency of the Provincial Public Security Department where the detention facility is located must immediately notify in writing or by fax the agencies specified in Clause 1 of Article 5 of this Decree (in the case of foreign residents who have completed their prison sentences, the Criminal Enforcement Agency of the Provincial Public Security Department where the detention facility is located only needs to notify the Ministry of Foreign Affairs). It must also inform the relatives or lawful representatives of the resident currently in Vietnam (if any) so they can cooperate and resolve the matter. After obtaining permission from the competent authority, the Criminal Enforcement Agency of the Provincial Public Security Department where the detention facility is located shall be responsible for organizing the burial; the People's Committee of the commune where the burial takes place shall assist the Criminal Enforcement Agency of the Provincial Public Security Department in the burial process. If the relatives or lawful representatives of the deceased request to take the body back for burial and bear the costs themselves, it shall be handled according to the provisions of Article 15 of this Decree.

2. Within 48 hours from completing the procedures stipulated in Clause 1 of this Article, if there is no request to receive the body, the Criminal Enforcement Agency of the Provincial Public Security Department where the detention facility is located shall organize the burial of the body, with the burial expenses covered by the state budget, including: the cost of purchasing one ordinary wooden coffin, one set of ordinary clothes, four square meters of shroud cloth, incense, candles, disinfectant, and other expenses equivalent to 100 kilograms of medium-grade white rice.

The detention facility is responsible for processing the application for death registration for foreigners who die in Vietnam in accordance with the law.

Article 15. Resolution on accepting corpses, remains, ashes of deceased persons residing or their children

1. In cases where a person residing dies or a child of such person who resides with their parent at the place of residence dies, and the relatives or the lawful representative of such person requests to accept the corpse for burial, within 48 hours from completing the procedures prescribed in Clause 1 of Article 14 of this Decree, there must be a written request in Vietnamese or translated into Vietnamese according to Model No. 03 attached to this Decree sent to the criminal enforcement agency of the provincial public security organ where the execution file is established, the court that issued the execution decision (for a resident serving deportation sentence) or sent to the criminal enforcement agency of the provincial public security organ where the place of residence is located (for foreign residents who have completed their prison sentences and are waiting for departure procedures) or sent to the Immigration Management Department or the Director of the provincial public security organ where the deportation request file is established (for residents subject to administrative penalty of deportation) for consideration and decision.

2. Within 24 hours from receiving the request, the head of the agencies mentioned in Clause 1 of this Article must decide whether to allow or not to allow acceptance of the corpse and notify in writing to the person making the request, the criminal enforcement agency of the provincial public security organ where the place of residence is located (for residents serving deportation sentence, residents subject to administrative penalty of deportation) and the agencies specified in Clause 1 of Article 5 of this Decree about allowing or not allowing acceptance of the corpse when it is deemed that accepting the corpse may affect national security, public order, and environmental hygiene.

3. Within 24 hours from notifying the acceptance of the corpse, the agencies mentioned in Clause 1 of this Article, the place of residence, and the person making the request must carry out the handover of the corpse, money, and legitimate property of the resident (if any) and must prepare a record with signatures of the parties involved and witnesses; if the person making the request does not come to accept the corpse beyond this period, the agencies assigned the task will organize the burial of the corpse according to the provisions of Article 14 of this Decree.

4. The resolution on accepting remains of deceased persons can only be implemented three years after the burial date. In cases of cremation, ashes can be accepted from the completion of the cremation process. The person requesting to accept remains or ashes must submit a request according to Model No. 03 attached to this Decree to the criminal enforcement agency of the provincial public security organ where the resident was buried for consideration and decision.

Within seven working days from receiving the request, the head of the criminal enforcement agency of the provincial public security organ must decide on accepting remains or ashes and must notify in writing to the person making the request, the criminal enforcement agency of the provincial public security organ where the execution file is established, and the court that issued the execution decision (for residents serving deportation sentence), the Immigration Management Department or the Director of the provincial public security organ where the deportation request file is established (for residents subject to administrative penalty of deportation) and the agencies specified in Clause 1 of Article 5 of this Decree about allowing or not allowing acceptance of remains or ashes when it is deemed that accepting remains or ashes may affect national security, public order, and environmental hygiene.

5. The preservation and transportation of corpses, ashes, and remains of deceased persons shall be the responsibility of the person making the request or the diplomatic mission, consular office of the country of which the person is a citizen, or the international organization's representative office where the person works, and must comply with the relevant regulations of Vietnamese law on medical treatment handling; environmental hygiene; prevention and control of infectious diseases and cross-border health quarantine, and other relevant laws of Vietnam.

Article 16. Handling cases where persons under detention abscond

1. In cases where persons under detention who are serving deportation sentences abscond, the provisions of Article 122 of the Criminal Execution Law shall be implemented.

2. In cases where foreign persons under detention have completed their prison sentences and are residing at detention facilities awaiting exit procedures but then abscond, the detention facility must prepare a record and immediately report to the criminal enforcement agency of the provincial police where the detention facility is located to notify the Ministry of Foreign Affairs to inform the agencies, organizations, or individuals specified in Clause 1, Article 5 of this Decree and organize the search for them.

3. In cases where persons under detention are administratively punished with deportation and absconding, the detention facility must prepare a record and immediately report to the criminal enforcement agency of the provincial police where the detention facility is located to notify the Immigration Management Department or the provincial police where the deportation request file is established to cooperate in organizing the search and handling according to their authority.

Article 17. Handling cases of requesting changes in place of residence for persons under detention

1. If a person under detention wishes to change their place of residence and their relatives or legal representatives have a legal place of residence in Vietnam and propose that the person under detention reside there, the person under detention must submit Form No. 04, and their relatives (or the legal representatives of the person under detention) must submit a request form according to Form No. 05 attached to this Decree; the application must be written in Vietnamese or translated into Vietnamese and submitted to the criminal enforcement agency of the provincial police where the execution file is established and the court that issued the execution decision (for persons under detention serving deportation sentences) or submitted to the criminal enforcement agency of the provincial police where the detention facility is located (for foreign persons under detention who have completed their prison sentences and are waiting for exit procedures) or submitted to the Immigration Management Department or the Director of the provincial police where the deportation request file is established (for persons under detention subject to administrative punishment of deportation) for consideration and decision.

2. Cases of persons under detention falling under point a, d, đ, e of Clause 3, Article 30 of Decree No. 112/2013/NĐ-CP dated October 2, 2013 of the Government stipulating forms of deportation penalties, temporary detention measures, escorting violators through administrative procedures, and managing foreign violators during deportation procedures; point b, d, đ, e of Clause 2, Article 121 of the Criminal Execution Law or persons under detention who violate laws and are being investigated or sought by Vietnamese or foreign competent authorities or have documents requesting that they not leave the detention facility will not be considered for resolution.

3. Within fifteen working days from receiving the request, the heads of the agencies specified in Clause 1 of this Article must decide whether to allow or not allow the person under detention to change their place of residence and must notify the person who made the request in writing; if agreeing to allow the person under detention to change their place of residence, they must notify in writing the detention facility, the People's Committee or the police station of the commune where the person under detention resides and the agencies specified in Clause 1, Article 5 of this Decree. During the period of residence, if there is evidence indicating that the person under detention must reside at a detention facility of the Ministry of Public Security, the heads of the agencies specified in Clause 1 of this Article must decide to change the place of residence and compel the person under detention to return to reside at the detention facility.

After allowing the person under detention to change their place of residence, the relatives or legal representatives must be responsible for bringing the person under detention to the People's Committee or the police station of the commune to report on the person under detention's residence while waiting for departure.

4. In cases where foreign persons under detention have completed their prison sentences and still need to fulfill civil compensation, pay amounts, or surrender assets as decided by the court, the person under detention, in addition to the request form, must submit a commitment form to fulfill the civil compensation and payment of amounts or surrender of assets mentioned above; simultaneously, the relatives or legal representatives of the person under detention, in addition to the request form, must undertake guarantee procedures for the person under detention regarding the fulfillment of civil compensation obligations, payment of amounts, or surrender of assets on behalf of the person under detention in accordance with civil law regulations if the person under detention does not fulfill or fulfills incompletely the civil compensation obligations, payment of amounts, or surrender of assets as committed or absconds.

Article 18. Resolution of issues concerning persons staying who are unable to compensate, pay amounts of money, or deliver assets as decided by the Court

In cases where persons staying are unable to compensate, pay amounts of money, or deliver assets as decided by the Court, they shall be resolved in accordance with the provisions of the law on civil enforcement.

Chapter III
IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Decree takes effect from June 15, 2020. It amends the following legal documents, articles, and provisions:

1. Replaces Government Decree No. 09/2012/NĐ-CP dated February 17, 2012, regarding the organization of management and treatment for persons staying during the period awaiting departure as stipulated by the Criminal Enforcement Law.

2. Abolishes Article 31 of Government Decree No. 112/2013/NĐ-CP dated October 2, 2013, concerning forms of administrative penalties for expulsion, temporary detention measures, escorting violators through administrative procedures, and managing foreign nationals violating Vietnamese law during the process of expulsion.

3. Articles 32 and Clause 1 of Article 33 of Government Decree No. 112/2013/NĐ-CP dated October 2, 2013, concerning forms of administrative penalties for expulsion, temporary detention measures, escorting violators through administrative procedures, and managing foreign nationals violating Vietnamese law during the process of expulsion do not apply to foreign nationals subject to administrative penalties of expulsion from accommodation facilities under the Ministry of Public Security.

Article 20. Transitional Provisions

1. The organization of management and treatment for persons staying at accommodation facilities during the period awaiting departure before this Decree takes effect shall continue to be implemented according to the provisions of Government Decree No. 09/2012/NĐ-CP dated February 17, 2012, regarding the organization of management and treatment for persons staying during the period awaiting departure as stipulated by the Criminal Enforcement Law and Government Decree No. 112/2013/NĐ-CP dated October 2, 2013, concerning forms of administrative penalties for expulsion, temporary detention measures, escorting violators through administrative procedures, and managing foreign nationals violating Vietnamese law during the process of expulsion.

2. From the date this Decree takes effect, cases currently being resolved according to the provisions of Government Decree No. 09/2012/NĐ-CP dated February 17, 2012, regarding the organization of management and treatment for persons staying during the period awaiting departure as stipulated by the Criminal Enforcement Law and Government Decree No. 112/2013/NĐ-CP dated October 2, 2013, concerning forms of administrative penalties for expulsion, temporary detention measures, escorting violators through administrative procedures, and managing foreign nationals violating Vietnamese law during the process of expulsion shall be resolved in accordance with the provisions of this Decree.

Article 21. Responsibility for Implementation

1. The Minister of Public Security is responsible for organizing the implementation and guiding, inspecting, and urging the implementation of this Decree. Directs public security units and localities to organize management and implement treatment for persons staying at accommodation facilities; hand over persons staying when requested; and cooperate with relevant agencies to ensure the exercise of rights and fulfillment of obligations of persons staying.

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./.