Recently, the Government of Vietnam issued Decree 112/2013/ND-CP on deportation, temporary detention, escort of violators under administrative regulations and management of foreigners violating Vietnamese law whilst deportation is in progress.
Vietnam: 11 required contents in the decision on the imposition of deportation (Illustration)
Under Decree 112/2013/ND-CP, within three days from the date of receiving the deportation request from the provincial-level Immigration Authority or the professional department of the Immigration Department, the Director of the provincial-level Police Department and the Chief of the Immigration Department shall consider, issue a decision on the imposition of deportation for foreigners who commit administrative violations. If the conditions for imposition of deportation are not met, notification must be immediately made to the agency that discovered the violation. The decision on the imposition of deportation must clearly state the following 11 contents:
- Date of issuance of the decision on the imposition of deportation;'
- Full name and title of the person issuing the decision on the imposition of deportation;
- Full name, date of birth, nationality, occupation, passport number/documents replacing passport of the deportee;
- Administrative violation of the deportee;
- Applicable provisions of the legal document; main penalties, additional penalties, remedial measures (if any);
- Enforcement time of the decision on the imposition of deportation;
- Place of deportation;
- Border gate of enforcement of the decision on the imposition of deportation;
- Agency responsible for organizing the enforcement of the decision on the imposition of deportation;
- Mandatory residence of the foreigner during the deportation;
- Signature of the person issuing the decision on the imposition of deportation.
Before enforcement, the decision on the imposition of deportation must be sent to the deportee and the Ministry of Foreign Affairs of Vietnam, and the diplomatic or consular mission of the country of which the person is a national or the country where the person last resided before coming to Vietnam. The decision on the imposition of deportation must be presented in both Vietnamese and English.
etails can be found in Decree 112/2013/ND-CP effective November 17, 2013.
Ty Na
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |