Decree No. 97/2006/NĐ-CP on the application of administrative procedures for the form of expulsion punishment

DECREE

Regulations on the application of expulsion as an administrative penalty

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam dated April 28, 2000;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002;

At the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the subjects to be expelled, procedures for applying the expulsion penalty, management measures for violators during the expulsion process, rights and obligations of those subject to the expulsion penalty, and responsibilities of agencies and organizations in implementing the expulsion penalty.

2. Administrative expulsion is compelling foreigners who commit violations of Vietnamese laws to leave the territory of the Socialist Republic of Vietnam in accordance with the provisions of the law on handling administrative violations.

Article 2. Applicability

1. This Decree applies to foreigners who intentionally or negligently violate Vietnamese laws and must be expelled according to the provisions of the law on handling administrative violations.

2. Foreigners convicted by the Court and sentenced to expulsion are not within the scope of this Decree and shall be implemented in accordance with Decree No. 54/2001/NĐ-CP dated August 23, 2001 of the Government.

3. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Decree, the provisions of such international treaties shall apply.

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

1. The application of the expulsion penalty must ensure that it is applied to the correct person, in accordance with the prescribed procedures, authority, and deadlines set forth in the Ordinance on Handling Administrative Violations; this Decree, and other relevant laws.

2. Any acts infringing upon the life, health, honor, dignity, and property of the person being expelled are strictly prohibited.

Article 4. Funding Assurance

1. Costs for preparing the proposal to apply the expulsion penalty, managing foreigners during the expulsion procedure, searching for and apprehending fugitive expellees, and enforcing the expulsion decision shall be covered by the state budget within the annual budget of the Ministry of Public Security.

2. Expenses for food, accommodation at mandatory detention facilities, medical examinations and treatments, and exit transportation shall be borne by the person being expelled. In special cases where the person being expelled is unable to pay, the immigration management agency of the Ministry of Public Security (hereinafter referred to as the immigration management agency) may request the diplomatic mission, consular office of the country of which the person is a citizen, or the organization or individual who invited the foreigner to Vietnam to cover these expenses. If this request cannot be fulfilled, the immigration management agency or the provincial public security agency where the file was established and the violator managed shall cover the costs from the state budget.

Chapter II

AUTHORITY AND PROCEDURES FOR APPLYING THE EXPULSION PENALTY

ADMINISTRATIVE PENALTY

Article 5. Authority to Apply the Expulsion Penalty

The Minister of Public Security has the authority to decide on the application of the administrative expulsion penalty.

Article 6. Procedures and formalities for establishing files to propose application of the expulsion penalty form

1. Upon discovering that a foreigner has committed a violation of the law sufficient to warrant the application of the expulsion penalty, the agency detecting the violation must immediately send the case file to the provincial public security agency where the foreigner is registered for temporary or permanent residence or where the violation occurred to prepare a proposal to apply the expulsion penalty.

2. Within seven days of receiving the violation file, the Director of the provincial public security agency is responsible for completing the proposal to apply the expulsion penalty. The file includes:

a) Summary of the background and violation behavior of the proposed expellee;

b) Documentation and evidence of the violation;

c) Forms of handling already applied (for cases of repeated violations or recidivism);

d) Document proposing expulsion.

3. The proposal to apply the expulsion penalty is sent to the immigration management agency for review before submitting to the Minister of Public Security for a decision.

4. Within five days of receiving the expulsion proposal from the provincial public security director, the immigration management agency is responsible for reviewing the proposal to apply the expulsion penalty. If the conditions are met, a report recommending the Minister of Public Security to issue an expulsion decision shall be prepared; if the conditions for applying the expulsion penalty are not met, the agency detecting the violation and the provincial public security agency where the file was established shall be notified.

Article 7. Decision on Expulsion Penalty

1. Within three days of receiving the expulsion recommendation report from the immigration management agency, the Minister of Public Security shall consider and issue a decision on expelling the foreigner who violated the law.

2. The decision on the expulsion penalty must clearly state the following contents:

a) Date of issuance of the expulsion penalty decision;

b) Name, position of the person issuing the expulsion penalty decision;

c) Name, date of birth, nationality, occupation, passport number of the person being expelled;

d) Administrative violation act of the person being expelled;

đ) Provisions of the regulatory legal document applied; main form of penalty, supplementary form of penalty, measures to remedy consequences (if any);

e) Time of enforcement of the expulsion penalty decision;

g) Place of expulsion;

h) Border gate for enforcing the expulsion penalty decision;

i) Agency responsible for organizing the enforcement of the expulsion penalty decision;

k) Signature of the person issuing the expulsion penalty decision.

3. The expulsion decision must be sent to the concerned party and the Ministry of Foreign Affairs prior to enforcement.

Chapter III

ENFORCEMENT OF THE EXPULSION DECISION

Article 8. Rights and Obligations of the Person Subject to Deportation

1. Rights of the Person Subject to Deportation

a) To be informed of the violation for which they are being deported. To receive the deportation decision at least 24 hours before its implementation;

b) To contact the diplomatic or consular agency of their country of citizenship for protection and assistance;

c) To carry their lawful property out of Vietnam;

d) To lodge complaints and denunciations in accordance with the laws on complaint and denunciation resolution.

2. Obligations of the Person Subject to Deportation:

a) To fully comply with the provisions set forth in the Decision on Administrative Sanction of Deportation;

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

c) To abide by Vietnamese laws, subject to the management of the police during the deportation process;

d) To promptly fulfill all civil, administrative, and economic obligations as prescribed by law (if applicable). In cases of non-voluntary compliance, enforcement will be carried out according to Article 66 of the Administrative Violation Handling Ordinance 2002;

e) To complete necessary procedures to leave Vietnamese territory.

3. If the person subject to deportation does not voluntarily comply with regulations and decisions of the police authority, the following coercive measures shall be applied:

a) To be escorted to a designated place of residence during the deportation process;

b) To be managed and supervised at the designated place of residence;

c) To be escorted to a border gate to be forcibly removed from Vietnamese territory.

Article 9. Suspension of Execution of the Deportation Sanction Decision

1. The person subject to deportation may have the execution of the decision suspended in the following cases:

a) Being seriously ill, requiring emergency care, or due to health reasons unable to implement the deportation sanction decision, with certification from a hospital or healthcare center at district level or higher, or other force majeure situations;

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

2. Based on the proposal of the Immigration Management Authority, the Minister of Public Security shall consider and issue a decision to suspend the execution of the deportation sanction decision.

3. When the conditions for suspension no longer exist, the deportation sanction decision shall continue to be executed.

Article 10. Compulsory Residence Place of Foreigners During the Deportation Process

1. Depending on specific circumstances, the Head of the Immigration Management Authority or the Provincial Police Director shall decide the compulsory residence place of foreigners during the deportation process.

2. Detention facilities, temporary detention centers, or prisons shall not be used to manage foreigners during the deportation process.

Article 11. Basis for Application and Management Measures for Foreigners During the Deportation Process

1. Basis for Application of Management Measures.

The Head of the Immigration Management Authority or the Provincial Police Director (at the location where the deportation application file was established) has the right to decide to apply management measures against foreigners during the deportation process in the following cases:

a) When there is evidence that without applying necessary measures to manage them, they will evade or obstruct the execution of the deportation sanction decision;

b) To prevent them from continuing to commit acts violating the law.

2. Management Measures:

a) Limiting the movement and contacts of the person under management;

b) Designating a compulsory residence place for the person under management;

c) Temporarily holding their passport or other identity documents instead of a passport.

Article 12. Cases where a person subject to deportation falls ill or dies during the deportation process

1. A foreigner who falls ill during the deportation process shall be treated at the place of management. In cases of serious illness, the Exit and Entry Management Authority or the provincial police shall be responsible for transporting them to a medical facility for treatment; simultaneously notifying the Ministry of Foreign Affairs to inform the diplomatic or consular agency of the country of which the person is a citizen.

2. If a foreigner dies during the deportation process, the head of the Exit and Entry Management Authority or the director of the provincial police where the deportation request file is established must immediately report to the Investigation Agency and the competent Prosecutor's Office; simultaneously notifying the Ministry of Foreign Affairs to inform the diplomatic or consular agency of the country of which the person is a citizen to coordinate in handling the matter.

3. The responsibility for repatriating the body of a deceased foreigner during the deportation process and the costs associated with burial and repatriation shall be borne by the family members or the diplomatic or consular agency of the country of which the person is a citizen. In cases where this cannot be carried out through these means, the Exit and Entry Management Authority or the provincial police where the file is established shall be responsible for implementation.

Article 13. Responsibilities of the Exit and Entry Management Authority

1. Establish files to enforce decisions on deportation penalties, including:

a) The deportation penalty decision of the Minister of Public Security;

b) A copy of the passport or a copy of other identity documents instead of a passport of the person being deported;

c) Certificates proving the completion of other obligations (if any);

d) Other related documents.

2. Send the deportation penalty decision to the Ministry of Foreign Affairs to notify the diplomatic or consular agency of the country of which the person is a citizen; simultaneously sending a copy of the decision to the person being deported for enforcement.

3. Collect and accept necessary information and documents for organizing the enforcement of the deportation penalty decision.

4. Coordinate with relevant agencies to ensure the rights and obligations of the person being deported are fulfilled.

5. Organize deportation according to the decision.

Article 14. Responsibilities of the provincial police where the deportation request file is established

1. Manage the subject during the period of establishing the deportation request file in accordance with Articles 10 and 11 of this Decree.

2. Hand over the subject to the Exit and Entry Management Authority when requested.

3. Coordinate with the Exit and Entry Management Authority in enforcing the deportation penalty decision.

4. Coordinate with relevant agencies to ensure the rights and obligations of the person being deported are fulfilled.

Article 15. Responsibilities of agencies, organizations, and individuals inviting foreigners to Vietnam or requesting an extension of stay for foreigners subject to deportation

1. Cooperate and assist competent authorities in implementing deportation penalties.

2. Bear all costs or provide financial guarantees in cases where the individual subject to deportation lacks financial capacity at the location to pay costs as prescribed by Vietnamese law.

Chapter IV

RESPONSIBILITIES OF MINISTRIES AND PROVINCE AND CITY PEOPLE'S COMMITTEES UNDER THE CENTRAL AUTHORITY IN APPLYING DEPORTATION PENALTIES THROUGH ADMINISTRATIVE PROCEDURES

RESPONSIBILITIES OF MINISTRIES AND PROVINCE AND CITY PEOPLE'S COMMITTEES UNDER THE CENTRAL AUTHORITY IN APPLYING DEPORTATION PENALTIES THROUGH ADMINISTRATIVE PROCEDURES

RESPONSIBILITIES OF MINISTRIES AND PROVINCE AND CITY PEOPLE'S COMMITTEES UNDER THE CENTRAL AUTHORITY IN APPLYING DEPORTATION PENALTIES THROUGH ADMINISTRATIVE PROCEDURES

Article 16. Responsibilities of the Ministry of Public Security

The Ministry of Public Security, within its scope of duties and authority, has the responsibility:

1. To issue regulatory documents guiding the application of deportation penalties.

2. To issue decisions on deportation penalties.

3. To take the lead and coordinate with ministries, sectors, and local people's committees related to organizing the enforcement of deportation penalty decisions.

4. To compile statistics on the application and organization of enforcement of deportation penalty decisions.

5. To inspect, audit, handle complaints and denunciations regarding the enforcement of deportation penalty decisions; continue to monitor and inspect to prevent deported persons from illegally returning to Vietnam.

Article 17. Responsibilities of the Ministry of Foreign Affairs

The Ministry of Foreign Affairs is responsible for handling related diplomatic procedures for the enforcement of deportation decisions and exchanging and providing relevant information to competent authorities abroad, diplomatic and consular agencies of the country of which the person being deported is a citizen.

Article 18. Responsibilities of the Ministry of Finance

The Ministry of Finance shall ensure funding for the implementation of the expulsion penalty form according to the plan assigned in the annual state budget of the Ministry of Public Security.

Article 19. Responsibilities of the Ministry of Health

The Ministry of Health shall direct and guide health agencies and subordinate hospitals to organize medical examinations, treatments, appraisals, and issue health condition certificates for individuals subject to expulsion if they suffer from serious illness requiring treatment as stipulated in point a, Clause 1, Article 9 of this Decree.

Article 20. Responsibilities of People's Committees of Provinces and Central Cities

Provincial People's Committees, based on their state management functions and tasks prescribed by law, shall coordinate with relevant ministries and sectors to direct local functional agencies in the implementation of the expulsion penalty form.

Chapter V

IMPLEMENTING PROVISIONS

Article 21. Complaints and Accusations

Individuals subject to the expulsion penalty through administrative procedures have the right to file complaints and accusations in accordance with Vietnamese laws on complaints and accusations.

During the period awaiting the resolution of complaints and accusations, individuals subject to expulsion must still comply with the expulsion penalty decision.

Article 22. Handling Violations

Any person violating the provisions of this Decree and other related laws shall be subject to disciplinary action, administrative penalties, or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with Vietnamese law.

Article 23. Effectiveness of the Decree

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 24. Implementation Responsibility of the Decree

1. The Ministry of Public Security shall lead and coordinate with the Ministries of Foreign Affairs, Finance, and Health to provide guidance on the implementation of this Decree.

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