What are the cases where administrative violators need to be escorted in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

What are the cases where administrative violators need to be escorted in Vietnam?

Pursuant to Article 124 of the Law on Handling of Administrative Violations 2012, amended by Clause 63, Article 1 of the Law amending Law on Handling of Administrative Violations 2020, cases where administrative violators need to be escorted in Vietnam as follows:

Article 124. Escorting the violators

1. If the violators not voluntarily observe the request of competent persons, they shall be escorted in the following cases:

a) Being subject to custody of involved persons according to administrative procedures;

b) Sending or returning the violators specified in clause 1 of Article 111, or clause 2 of Article 112, failing to voluntarily comply after necessary conditions for postponement or temporary suspension of the sanctions no longer exist, and the violators specified in clause 2 of Article 132 of this Law, to reformatory schools, compulsory educational establishments or compulsory detoxification centers.

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Thus, if the violators not voluntarily observe the request of competent persons, they shall be escorted in the following cases:

- Being subject to custody of involved persons according to administrative procedures;

- Sending or returning the the following violators to reformatory schools, compulsory educational establishments or compulsory detoxification centers:

+ Persons who are serving decisions at reformatories, compulsory educational establishments, compulsory detoxification establishments and have served half of their terms, fail to voluntarily comply after necessary conditions for postponement or temporary suspension of the sanctions no longer exist

+ Persons who have had decisions on sending to reformatories, compulsory education establishments or compulsory detoxification establishments escape

What are procedures for escorting administrative violators in Vietnam?

Article 32 of Decree 142/2021/ND-CP stipulates procedures for escorting administrative violators.

Thus, the procedures for escorting administrative violators are as follows:

- Before escorting the violator, the person on duty performing the escort must explain to the escortee about their rights and obligations during the process of being escorted in accordance with law, answer questions of the escortee.

- During escorting, absolute safety must be ensured for the person on duty performing the escort duty and for the escortee. 

- In case the escortee shows signs of fleeing or acts against the official duty performer, the escorting person on duty must immediately report it to a competent person for issuance of a decision on temporary detention under administrative procedures on that person.

- The escorting person on official duty must closely supervise and manage the escortee, be alert, proactive and promptly handle complicated situations that may arise;

- The escorting person on official duty must not arbitrarily deal with the requests of the escortee while the escort is in progress.

Who has the authority to escort violators under administrative procedures in Vietnam?

Pursuant to Article 31 of Decree 142/2021/ND-CP, the person with the authority to escort violators under administrative procedures in Vietnam include:

Article 31. Enforcement of escort

The following persons on official duty shall escort violators under administrative procedures:

1. Competent persons on official duty of the People's Public Security, Border Guards, Coast Guards, Customs, Forest Protection, tax authorities, market management, inspection and enforcement agencies, Civil judgment enforcement agencies, Forest Protection, Tax, Fisheries Control, Market Management, Inspector.

2. Competent persons on other official duties in accordance with the Law on Handling of Administrative Violations and other relevant legal documents.

According to the above regulations, those on official duty shall escort violators under administrative procedures, including:

- Competent persons on official duty of the People's Public Security, Border Guards, Coast Guards, Customs, Forest Protection, tax authorities, market management, inspection and enforcement agencies, Civil judgment enforcement agencies, Forest Protection, Tax, Fisheries Control, Market Management, Inspector.

- Competent persons on other official duties in accordance with the Law on Handling of Administrative Violations and other relevant legal documents.

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