New decree on deportation rights and obligations of foreigners

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Foreigners who commit administrative violations within Vietnam’s territory, contiguous zone, exclusive economic zone and continental shelf will be expelled from the country under a decree recently issued by the Government.

Deportees being returned to their country at Trà Lĩnh border gate in Cao Bằng Province.

While the main content stays largely the same, the new document specifies the regulations and penalties according to the 2012 Law on Handling of Administrative Violations.

Decree No. 142/2021/ND-CP on expulsion, temporary custody and escorted transfer of violators will replace Decree No.112/2013/NĐ-CP and its 2016 amendment.

It came into force on January 1, 2022.

In line with Article 27, violators of foreign nationality on Việt Nam-flagged planes and vessels will be deported from Việt Nam.

In the case where the deportee refuses the expulsion decision, a statement will be made and sent to the Vietnamese Ministry of Foreign Affairs, the diplomatic representative agency of the violator’s country, or the country where they last resided before arriving in Việt Nam.

The new decree adds that in the case where the expellee has a medical emergency, they must be immediately taken to the nearest treatment facility under strict supervision. A health report from the medical establishment is also required.

It is the right of the deportee to be told of the reasons for expulsion at least 48 hours before the decision is executed, and be able to ask for interpreters while working with Vietnamese agencies and officials.

They are also allowed to bring their lawful assets with them when leaving Việt Nam and lodge complaints in accordance with the law.

Expellees are also subjected to Decree No.65/2020/NĐ-CP dated June 10, 2020, stipulating the organisation and rights of people at lodging facilities pending the completion of exit procedures.

The decree says that the deportees have to fully comply with expulsion decisions and Việt Nam’s law. They must present their personal identification papers at the request of immigration offices, and submit to the management by public security offices pending the completion of expulsion procedures.

They have to fulfil all civil, administrative and financial obligations and complete all necessary procedures for leaving Việt Nam.

If there are grounds to believe that a deportee may abscond or hinder the execution of the expulsion decision, a public security office will decide to apply management measures. The deportee could be restricted from travelling, have their passport or passport substitute retained or be required to stay at an accommodation facility managed by the public security force.

Source: VNS

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