Vietnam: Handling persons staying in accommodations pending their exit violating internal regulations of accommodation establishment

Actions against persons in stay violating internal regulations of accommodation establishment are specified in Decree No. 65/2020/NĐ-CP of Vietnam’s Government as follows:

First, if a person in stay violates internal regulations of the accommodation establishment, protests or refuses to observe instructions of an accommodation establishment officer, a record on such violation must be taken with confirmation of a witness and the accommodation establishment officer shall, dependent on nature and severity of the violation, explain regulations and laws on management and regimes for persons in stay to the violator and require him/her to observe the internal regulations or instructions; where appropriate, the accommodation establishment officer shall use permitted measures by law to force and isolate the violator in a separate room, suppress the protest, prevent the violator from escaping, hurting himself/herself, other persons in stay or accommodation establishment officers, or doing deliberate damage to the assets of the accommodation establishment. The head of the accommodation establishment shall decide the duration for which the violator has been kept in a separate room.

After that, the accommodation establishment shall promptly notify the criminal enforcement agency affiliated to the police department of province where the accommodation establishment is based in order for that criminal enforcement agency to notify the criminal enforcement agency of province which prepared the judgment execution dossier or the sentencing court (if the violator has been serving an expulsion sentence) or Immigration Department or Director of police department of province which filed a request for expulsion (if the violator has been facing an administrative penalty as deportation) for cooperation, handling and notice to the Ministry of Foreign Affairs so as to notify the diplomatic missions, consular offices of the country of which that violator is a national or representative office of an international organization in Vietnam where he or she works; and the criminal enforcement agency of province where the accommodation establishment is based shall notify the violator’s relatives and legal representatives who are living in Vietnam (if any) for cooperative encouragement, education and management of the violator.

Second, if such violation of the person in stay shows any sign of crime, the accommodation establishment shall notify the competent investigation body as soon as possible for bringing a charge, investigating and taking further actions as per the law. Whilst awaiting further decisions of the competent presiding agencies, the accommodation establishment shall supervise the violator closely, prevent him/her from escaping, committing suicide or violating other internal regulations of the accommodation establishment. Furthermore, the accommodation establishment shall notify the criminal enforcement agency of the province where it is based to inform the authorities in clause 1 for further actions.

View more details at: Decree No. 65/2020/NĐ-CP of Vietnam’s Government takes effect from June 15, 2020.

Thu Ba

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