On October 2, 2013, 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: Guidance on the dossier of enforcement of the decision on imposition of deportation (Illustrative photo)
Under Article 10 of Decree 112/2013/ND-CP, the dossier for enforcement of the decision on imposition of deportation includes:
- The decision on imposition of deportation under administrative procedures;
- A copy of the passport or a copy of other personal identification papers replacing the passport of the deportee;
- Documents certifying the completion of other obligations (if any);
- Other related documents.
The Immigration Authority of the Provincial Police Department or the professional department under the Immigration Department of the Ministry of Public Security is responsible for preparing the dossier as regulated above.
In addition, this Decree stipulates the postponement from enforcement of the decision on imposition of deportation. The person subject to deportation in Vietnam is eligible for postponement from enforcement of the decision on imposition of deportation in the following cases:
- Suffering from a serious illness, requiring emergency care, or for other health reasons unable to enforce the decision on imposition of deportation with certification from a hospital or medical center from the district level or above, or other force majeure events;
- Having to perform civil, administrative, and economic obligations according to law.
Under the proposal of the Immigration Authority of the Provincial Police Department, the Director of the Provincial Police Department considers and decides to postpone the execution of the decision on imposition of deportation.
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 enforcement of the decision on imposition of deportation.
When the conditions for postponement no longer exist, the decision on imposition of deportation shall continue to be enforced.
Details can be found in Decree 112/2013/ND-CP effective November 17, 2013.
Ty Na
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