Do foreigners who are deported without a permanent residence have to stay in an accommodation establishment of the police department in Vietnam?

Do foreigners who are deported without a permanent residence have to stay in an accommodation establishment of  the police department in Vietnam?

Pursuant to Clause 2, Article 121 of the Law on Execution of Criminal Judgments 2019 provides for the following cases:

2. The criminal judgment execution agency of the provincial-level police department shall send a person subject to expulsion to an accommodation establishment of the Ministry of Public Security in case he/she:

a) has no place of permanent residence or temporary residence:

b) has illegally entered the country or committed a serious, very serious or extremely serious crime;

c) has left the previously designated accommodation establishment without permission or failed to comply with management and supervision measures of a competent agency;

d) has committed an illegal act or is believed to be likely to commit an illegal act pending his/her exit;

dd) has escaped, prepared for escape or otherwise obstructed the execution of the expulsion sentence;

e) has contracted an infectious disease category A specified in the Law on Prevention and Control of Infectious Diseases; or

g) wishes to stay in an accommodation establishment.

Thus, according to the above provisions, foreigners who are subject to the penalty of expulsion but do not have a permanent residence in Vietnam will have to stay in the accommodation establishment of the Ministry of Public Security.

What are procedures for sending a person subject to the expulsion sentence to an accommodation establishment in Vietnam?

Procedures for sending a person subject to the expulsion sentence to an accommodation establishment are prescribed in Clause 3, Article 121 of the Law on Execution of Criminal Judgments 2019 as follows:

3. Procedures for sending a person subject to the expulsion sentence to an accommodation establishment are as follows:

a) In case he/she is on bail, the criminal judgment execution agency of the provincial-level police department shall escort him/her to an accommodation establishment;

b) In case he/she is held in a detention center, the criminal judgment execution agency of the district-level police office of the place of detention shall, upon receiving the judgment execution decision, hand over him/her to the criminal judgment execution agency of the provincial-level police department for escorting him/her to an accommodation establishment;

c) If the inmate subject to the additional penalty of expulsion has completely served the prison sentence, the prison shall hand over him/her to the criminal judgment execution agency of the provincial-level police department for escorting him/her to an accommodation establishment.

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