Regulations During the Procedures for the Expulsion of Persons Subject to Expulsion

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 deportation procedure.

Conditions during Removal Procedures of Deported Persons, Decree 112/2013/ND-CP

Conditions during Removal Procedures of Deported Persons (Illustrative Image)

Decree 112/2013/ND-CP stipulates the policies for persons being deported during the removal procedures at the detention facility as follows:

  1. Shall be arranged in collective rooms according to gender (male, female); with a minimum sleeping area of 3 m² per person, equipped with a restroom, mat, blanket, and mosquito net;
  2. Persons suffering from particularly dangerous infectious diseases as prescribed by the Law on Prevention and Control of Infectious Diseases, persons with mental illnesses, or other diseases that impair their ability to perceive or control their behavior must be housed separately in an isolation room.

Meanwhile, the policies for food and clothing for persons being deported during the removal procedures are as follows:

- Each person's monthly food allowance is calculated as follows: 17 kg of regular rice; 0.7 kg of meat; 0.8 kg of fish; 0.1 kg of salt; 0.5 kg of medium-grade sugar; 0.75 liters of fish sauce; 0.1 kg of monosodium glutamate; 15 kg of green vegetables, and 15 kg of firewood or 17 kg of coal. This quantity is converted into monetary terms according to the current market price in the locality where the detention facility is located. On holidays and Tet (as stipulated by the Vietnamese Government), persons being deported during the removal procedures at the detention facility are provided additional food allowances, but the total food allowance (including both regular and additional allowances) shall not exceed 5 times the regular food allowance. The detention facility can adjust the food quota to fit actual requirements to ensure the detainees consume the approved allowance;- Persons being deported during the removal procedures at the detention facility are allowed to bring essential personal belongings for use as prescribed by the Ministry of Public Security. In case of a shortage of clothing, depending on the length of stay, they will be provided with one to two sets of clothes made of regular fabric.

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

Ty Na

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