Is a person in stay who is subject to the expulsion sentence absconds wanted in Vietnam?

Is a person in stay who is subject to the expulsion sentence absconds wanted in Vietnam?

Pursuant to Article 16 of Decree 65/2020/ND-CP stipulating settlement of cases in which persons in stay abscond as follows:

1. In case a person in stay who is subject to the expulsion sentence absconds, Article 122 of the Law on Execution of Criminal Judgments will be applied.

2. In case a foreigner who has completely served an imprisonment sentence and is staying at an accommodation establishment pending completion of exit procedures absconds, the accommodation establishment must immediately report such to the criminal enforcement agency of province where it is based for notification to the Ministry of Foreign Affairs for subsequent notification to the entities stated in Clause 1, Article 5 for search.

3. If the person in stay who has faced a deportation as administrative penalty absconds, the accommodation establishment shall take a record and promptly notify the enforcement agency of province where it is based for notification to the Immigration Department or Provincial Police which prepared a request for deportation for cooperative search and handling.

Because the case you mentioned, applying the main penalty is expulsion, the provisions of the Criminal Judgment Execution Law will apply in Vietnam.

In Article 122 of the Law on Criminal Judgment Execution 2019, handling of cases of escaped persons subject to the expulsion sentence is as follows:

1. In case a person subject to the expulsion sentence escapes, the designated accommodation establishment or place of stay shall take a record thereon and promptly notify such to the criminal judgment execution agency of the provincial-level police department of the place in where the designated accommodation establishment or place of stay is located. Upon receiving such notice, the criminal judgment execution agency of the provincial-level police department shall promptly organize the pursuit of the escaped person. If the pursuit is in vain, the criminal judgment execution agency of provincial-level police department shall release a wanted notice within 7 days.

2. If the escaped person turns him/herself in, the receiving agency shall take a report thereon and notify such to the criminal judgment execution agency of the provincial-level police department for the latter to receive and send him/her to an accommodation establishment.

Thus, after 7 days of arresting escaped person without results, the judgment enforcement agency of the provincial police department will issue a wanted notice in Vietnam.

Procedures for pursuit in Vietnam

Procedures for pursuit are specified in Article 5 and Article 6 of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC as follows:

Article 5. Contents of pursuit warrants

1. A pursuit warrant must have the following principal details:

a/ Date and place of issuance;

b/ Name of the agency, full name and position of the person issuing pursuit warrant;

c/ Full name as indicated in the birth certificate, alias (if any), date of birth, place of permanent residence registration, place of temporary residence or another place of residence (if any) of the subject who is wanted;

d/ Personal identification characteristics and enclosed photos (if any);

e/ Crime for which he or she has been accused, prosecuted or convicted, and penalty level (if any) sentenced by the court against him/her;

f/ Address and contact telephone number of the agency issuing the pursuit warrant.

2. For an accused or a defendant who has committed more than one crime, a pursuit warrant must specify all crimes he/she has committed.

Article 6. Sending and notification of pursuit warrants

1. A pursuit warrant must be sent to:

a/ The police office of the commune, ward or district township and the police offices of the districts where the wanted person has registered his/her permanent or temporary residence and places of residence and of his/her native place;

b/ The police department of the province or centrally-affiliated city where the wanted person probably absconds, or the police departments of all provinces and centrally-affiliated cities;

c/ The Police Department for Criminal Pursuit of the Ministry of Public Security; and the Police Section for Criminal Pursuit of the provincial-level Police Department (that has issued the pursuit warrant);

d/ The professional agency in charge of case dossiers (in place which the dossiers are registered);

e/ The people's procuracy that has requested the issuance of a pursuit warrant; the people's procuracy at the same level with the investigative agency issuing the pursuit warrant; or the provincial-level people's procuracy of the locality where there are prison or detention camp and the criminal judgment enforcement agency issuing the pursuit warrant;

f/ The people's court that has requested the investigative agency for issuing a pursuit warrant.

2. Pursuit warrants must be notified on the mass media so that all agencies, organizations and individuals can know, detect and arrest subjects who are wanted.

Best Regards!