Guidance on Documentation for the Execution of Expulsion Penalty Decisions

On October 2, 2013, the Government of Vietnam promulgated Decree 112/2013/ND-CP stipulating forms of expulsion penalties, measures for temporary custody of individuals, escorting individuals in violation under administrative procedures, and managing foreigners who violate Vietnamese law during the expulsion procedure.

Case file for enforcing expulsion penalty decision, Decree 112/2013/ND-CP

Guideline for the case file for enforcing an expulsion penalty decision (Illustrative photo)

Article 10 of Decree 112/2013/ND-CP specifically stipulates that the case file for enforcing an expulsion penalty decision includes:

- The expulsion penalty decision under administrative procedures;- A copy of the passport or a copy of other personal identification papers replacing the passport of the expelled person;- Documentation certifying the completion of other obligations (if any);- Other related documents.

The Immigration Management Agency of the Provincial Police Department or the professional department under the Immigration Department of the Ministry of Public Security is responsible for preparing the case file as regulated above.

In addition, this Decree stipulates the postponement of executing the expulsion penalty decision. The person subject to expulsion may have the execution of the expulsion penalty decision postponed in the following cases:

- Suffering from a serious illness, requiring emergency care, or for other health reasons unable to execute the expulsion penalty decision with certification from a hospital or medical center from the district level or above, or other force majeure cases;- Having to perform civil, administrative, economic obligations according to law.

Based on the proposal of the Immigration Management Agency of the Provincial Police Department, the Director of the Provincial Police Department considers and decides to postpone the execution of the expulsion penalty decision.

Based on the proposal of the head of the professional department under the Immigration Department, the Director of the Immigration Department considers and decides to postpone the execution of the expulsion penalty decision.

When the conditions for postponement no longer exist, the expulsion penalty decision shall continue to be executed.

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

Ty Na

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