Vietnam: Guidelines for procedures to prepare the application for imposition of deportation

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.

Application  dossier  for  applying  the  expulsion  penalty,  Decree  112/2013/ND-CP

Vietnam: Guidelines for procedures to prepare the application for imposition of deportation (Illustrative photo)

Decree 112/2013/ND-CP guides the procedures to prepare the application for imposition of deportation in Vietnam as follows:

Where the violation-identifying agency deems that the foreigner’s illegal act has sufficient grounds for deportation, it must send documents, exhibits and temporary detention facilities (if any) related to the violation to the immigration authority of the provincial-level police department where the foreigner is registered for permanent or temporary residence or where the violation occurred to prepare an application for imposition of deportation.

For violations discovered by central authorities or professional units under the Ministry of Public Security, the violation dossier should be sent to the Immigration Department to prepare the application for imposition of deportation.

Within seven days from the date of receipt of the violation dossier, the immigration authority of the provincial-level police department or the professional department under the Immigration Department is responsible for completing the application for imposition of deportation. The application includes:

- Summary of the background and acts of law violation of the person to be deported;

- Documents and evidence of administrative violations;

- Penalties that have been imposed (for cases of repeated violations or recidivism);

- Application form for imposition of deportation.

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

Ty Na

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