Decree 112: What are the procedures for enforcement of escort in Vietnam?

Decree 112: What are the procedures for enforcement of escort in Vietnam? (Illustration)

Article 26 of Decree 112/2013/ND-CP specifically stipulates the procedures for enforcement of escort of violators who do not voluntarily abide by requests of competent persons in Vietnam as follows:

- Before enforcement of escort, persons on official duty must explain to escorted persons their rights and obligations during the escort process according to the law, and address any concerns of escorted persons.

- During the enforcement of escort, absolute safety for the persons on official duty and the escorted person must be ensured. The use of weapons and combat gears during the enforcement of escort must be carried out under the law.

- The persons on official duty must closely supervise and manage 'escorted persons, remain vigilant, and promptly handle complex situations that may arise; they must not arbitrarily address the requests of the escorted person during the escort.

Note: In case the escorted person shows signs of escaping or acts against the person on official duty, the person on official duty must immediately report to the competent authority to make a decision to temporarily detain the person according to administrative procedures.

Additionally, this Decree stipulates the transfer and receipt of escorted persons as violators who do not voluntarily abide by requests of competent persons in Vietnam:

- The persons on official duty must prepare a report on the transfer and receipt of the escorted person with the receiving authority.

- When arriving at the location to enforce the escort, the persons on official duty must invite a representative of the local government where the escorted person resides or is being managed, a representative of the agency or organization where the escorted person works or studies, and a witness.

- The persons on official duty must conduct an inspection, compare photos, and identification documents, correctly identify the escorted person according to administrative procedures, and prepare a report on the escort of violators according to administrative procedures.

Further details may be found in Decree 112/2013/ND-CP effective from November 17, 2013.

Ty Na

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