Cases where expellees die during expulsion procedures in Vietnam

Recently, the Government of Vietnam issued Decree 112/2013/ND-CP stipulating the form of deportation punishment, measures to temporarily detain individuals, escort violators according to administrative procedures, and manage foreigners who violate Vietnamese law during the expulsion procedure period.

Resolving  cases  where  expellees  die  during  expulsion  procedures,  Decree  112/2013/ND-CP

Cases where expellees die during expulsion procedures in Vietnam (Illustration)

According to Article 32 of Decree 112/2013/ND-CP which stipulates the resolution of cases where expellees die during the expulsion procedures as follows:

- In the event a foreigner dies during the expulsion procedures, the Director of the Immigration Department or the Director of Provincial Police where the expulsion proposal dossier is created must immediately report to the investigating agency, the competent procuracy, and the agency or organization that is the Vietnamese partner (if any); at the same time, notify the Ministry of Foreign Affairs (Consular Department or the Department of External Affairs of Ho Chi Minh City) to inform the diplomatic or consular representative agency of the country of which the deceased is a citizen for coordination in resolution;

- The repatriation of the body of the foreigner who died during the expulsion procedures and the expenses for burial and repatriation should be borne by the relatives, family, agency, organization where the person worked or studied, or the diplomatic or consular agency of the country of which the deceased is a citizen;

- If the aforementioned measures cannot be undertaken, the Immigration Department or the Provincial Police where the expulsion proposal dossier is created shall be responsible for execution.

Details can be found at Decree 112/2013/ND-CP which took effect on November 17, 2013.

Ty Na

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