Regulations On Expulsion Of Foreigners In Vietnam

Expulsion refers to the process of expelling a foreign national from a country for various reasons, typically due to violations of immigration laws or other legal issues. It is a legal action taken by a government to remove individuals from its territory and return them to their country of origin or another country where they have legal status. For more detail, please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline: (+84) 903.419.4790

1. Who will be subject to the expulsion sanction?

In Clause 1, Article 27 of the Law on Handling of Administrative Violations 2012, expulsion is a form of sanction that forces foreigners who commit administrative violations in Vietnam to leave the territory of the Socialist Republic of Vietnam. Individuals being foreigners who commit administrative violations within the territory, contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; On board an aircraft bearing Vietnamese nationality or a seagoing vessel flying the Vietnamese flag, depending on the seriousness of the violation, the penalty of expulsion shall be applied as prescribed in Article 27 of the Law on Handling of Violations of Law.

Regulations On Expulsion Of Foreigners In Vietnam

2. What is the procedure for deporting foreigners who commit administrative violations?

The handling competence shall comply with the provisions of Article 6 of Decree 142/2021/ND-CP. In addition, I refer specifically to Articles 7, Article 9 and Article 12 of Decree 142/2021/ND-CP stipulating the rights and obligations of the person subject to the sanction of expulsion; Dossier of application for the sanction of expulsion; Execution of the Decision on the application of the expulsion sanction.

2.1. Rights and obligations of the person subject to the sanction of expulsion

Persons subject to the sanction of expulsion have the right to:

• To know the reason for the expulsion, receive the expulsion decision at least 48 hours before the execution;
• To be required to have an interpreter when working with a competent agency or person;
• To comply with the regimes specified in Decree 65/2020/ND-CP stipulating the organization and regimes for people staying at accommodation establishments while waiting for exit;
• To bring their lawful property out of the Vietnamese territory;
• To make complaints and denunciations according to the provisions of law on settlement of complaints and denunciations.

Obligations of the deportee:

• Fully comply with the provisions stated in the decision on sanctioning of administrative violations that apply the expulsion sanction;
• Present identification documents at the request of immigration authorities;
• Comply with the provisions of Vietnamese law and be under the management of the police during the time of carrying out deportation procedures;
• Quickly fulfill all civil, administrative and economic obligations as prescribed by law (if any);
• Complete the necessary procedures to leave the Vietnamese territory.

2.2. Decision to apply the expulsion sanction

Within 2 working days from the date of receipt of the written request for application of the form of sanction of expulsion from the immigration management agency of the provincial-level police department or the professional division of the Immigration Department, The director of the provincial-level police department and the director of the Immigration Department must consider and issue a decision on sanctioning and expulsion of foreigners who commit administrative violations. If they are not eligible to apply the sanction of expulsion, they must immediately notify the agency detecting the violation.

The decision to apply the expulsion sanction must clearly state the following contents:

• Place name, date, month and year of the decision;
• Legal grounds to issue the Decision;
• Minutes of administrative violations, verification results, written explanations of the person proposed to apply the expulsion sanction;
• Full name and position of the decision maker;
• Full name, date of birth, nationality, occupation, passport number or passport replacement document of the person subject to the sanction of expulsion;
• Administrative violations of the person subject to the sanction of expulsion; aggravating circumstances, extenuating circumstances;
• Terms of applicable legal documents;
• Main sanctioning forms, additional sanctioning forms, remedial measures (if any);
• The right to complain or initiate lawsuits against the decision;
• Effect of the Decision; the time limit for implementing the decision; the place of deportation to; place of execution of the decision; Compulsory residence of the foreigner during the deportation procedure;
• Full name and signature of the decision maker;
• The agency responsible for organizing the implementation of the decision.

The decision to apply the sanction of expulsion must be sent to the deported person and the Ministry of Foreign Affairs of Vietnam, the consular office, the diplomatic mission of the country of which the deported person is a citizen or the country of which the expulsion is based that person last residence before coming to Vietnam before the enforcement of the provisions of Article 84 of the Law on Handling of Administrative Violations 2012. The decision to expel must be made in both Vietnamese and English.

The decision to apply the expulsion sanction to foreigners committing administrative violations in the case specified as an additional form of sanction as prescribed in Clause 2, Article 21 of the Law on Handling of Administrative Violations 2012. comply with the provisions of Clauses 1, 2 and 3 of this Article.

2.3. Dossier of application of the expulsion sanction

A dossier of application of the expulsion sanction, including:

• Decide to apply the expulsion sanction;
• Minutes of administrative violations;
• Dossier of application for expulsion measures as prescribed in Article 8 of this Decree;
• A copy of the passport or a copy of another identification document in lieu of the passport of the deported person;
• Papers certifying that other obligations have been fulfilled (if any);
• Other relevant documents.

The immigration management agency of the provincial-level police department or the professional division of the Immigration Department of the Ministry of Public Security shall have to compile a dossier of application of the sanction of expulsion as prescribed in Clause 1 of this Article.

Dossier of application of the sanction of expulsion to foreigners committing administrative violations in case it is prescribed as an additional form of sanction as prescribed in Clause 2, Article 21 of the Law on Handling of Administrative Violations 2012 comply with the provisions of Clauses 1, 2 and 4 of this Article.

Dossiers of application of expulsion measures must be handwritten and archived at competent agencies.

3. In the case of applying the form of handling expulsion of foreigners, what are the responsibilities of the immigration management agency?

In Article 15 of Decree 142/2021/ND-CP stipulating the responsibilities of the immigration management agency in case of applying the form of expulsion handling as follows:

3.1. Responsibilities of the Immigration Department of the Ministry of Public Security:

• Make a dossier of implementation of the decision on application of the expulsion sanction, including: The decision on the application of the expulsion sanction; A copy of the passport or other identification document that replaces the passport of the deportee; Papers certifying that other obligations have been fulfilled (if any); Other relevant documents;
• Send the Decision on application of the sanction of expulsion, the Decision on postponement of the execution of the decision on sanctioning of expulsion and the Decision on application of measures to manage foreigners who violate the law during the time of carrying out the expulsion procedures to Ministry of Foreign Affairs to notify the diplomatic or consular mission of the country of which the person is a national; at the same time, send a copy of the decision to the deportee for enforcement;
• Collect and receive necessary information and documents for organizing the implementation of the decision to apply the expulsion sanction;
• Coordinate with relevant agencies to ensure the exercise of the rights and obligations of the deportees;
• Organize the expulsion according to the decision.

3.2. Responsibilities of the provincial-level police station where the application for the expulsion sanction is made:

• Make a dossier of implementation of the decision on sanctioning of expulsion;
• Managing the subject during the time of making the application for the sanction of expulsion as prescribed in Article 13 of this Decree;
• Hand over the subject to the immigration management agency upon request;
• Coordinating with the immigration management agency in implementing the decision to apply the expulsion sanction;
• Coordinate with relevant agencies to ensure the exercise of the rights and obligations of the deportees.

Regulations On Expulsion Of Foreigners In Vietnam

Thus, in this case, if applying the expulsion sanction when deeming that this foreigner has committed an act of violation and is eligible to apply, the unit must send documents, exhibits related to the immigration management agency of the provincial-level Police Department where the foreigner registers his/her permanent residence or temporary residence or where the violation occurs to compile a dossier requesting the application of the expulsion sanction. If you have any questions, please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline 0903.419.479 for legal advice and support.

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