Decree 112: What are the regulations for the procedure of escorting?

Decree 112: How are the procedures for escorting implemented? (Illustration)

Article 26 of Decree 112/2013/ND-CP specifically stipulates the procedures for escorting individuals who do not voluntarily comply with the request of the competent authority as follows:

- Before escorting, the competent authority performing the escort duty must explain to the escorted person their rights and obligations during the escort process according to the law, and address any concerns of the escorted person.- During the escorting, absolute safety for the competent authority performing the escort duty and the escorted person must be ensured. The use of weapons and supporting tools during the application of escort measures must be carried out in accordance with the law.- The escorting officer must closely supervise and manage the escorted person, 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 official on duty, the official performing the escort 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 individuals who do not voluntarily comply with the request of the competent authority:

- The competent authority performing the escort duty must prepare a report on the transfer and receipt of the escorted person with the receiving agency.- When arriving at the location to carry out the escort, the competent authority 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.- Conduct an inspection, compare photos, identification documents, correctly identify the person being escorted according to administrative procedures, and prepare a report on the escort of the violating individual according to administrative procedures.

For details, see Decree 112/2013/ND-CP, effective November 17, 2013.

Ty Na

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