Responsibilities of the Ministry of Public Security in Temporary Detention and Escorting Individuals According to Administrative Procedures

03 responsibilities of the Ministry of Public Security in detaining and escorting individuals according to administrative procedures (Illustrative photo)

According to Article 34 of Decree 112/2013/ND-CP, the responsibilities of the Ministry of Public Security in detaining, escorting individuals according to administrative procedures, and applying the expulsion penalty are as follows:

1. Assisting the Government of Vietnam in monitoring, inspecting, and urging the implementation of this Decree.

2. Directing the public security units and localities to manage individuals subject to expulsion during the expulsion procedure; organizing the expulsion according to the decision; handing over the individual to the immigration management authority when requested; and at the same time cooperating with relevant agencies to ensure the implementation of the rights and obligations of the expelled individual.

3. Inspecting, investigating, and resolving complaints and denunciations about the application of detention and escort measures according to administrative procedures and organizing the execution of expulsion penalty decisions.

Additionally, this Decree also specifies the responsibilities of the Ministry of Foreign Affairs in detaining, escorting individuals according to administrative procedures, and applying the expulsion penalty as follows:

- Resolving foreign affairs procedures related to the execution of expulsion decisions and other related procedures for cases where the detained or escorted individual according to administrative procedures is a foreigner;- Exchanging and providing related information to competent foreign agencies, diplomatic and consular representations of the country whose passport or passport substitute documents are subject to detention or escort measures according to administrative procedures and applying the expulsion penalty;- Directing the Departments of Foreign Affairs to cooperate with competent agencies, diplomatic or consular representations of the country whose passport or passport substitute documents are administratively detained or expelled (in case of death) to resolve the issues.

Details can be found at Decree 112/2013/ND-CP effective November 17, 2013.

Ty Na

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