Vietnam: Settlement of a request for change of accommodation associated with a person in stay from June 15, 2020

According to Article 17 of Decree No. 65/2020/NĐ-CP of Vietnam’s Government, the settlement of a request for change of accommodation associated with a person in stay is guided as follows:

If a person in stay wishes to change his/her accommodation and his/her relative or legal representative has a legal residence in the territory of Vietnam and so requests to let the person in stay lives there, such person in stay shall file a request using form No. 04 and the relative (or legal representative) shall file a request using form No. 05 in Annex hereto appended.

Note: The request must be made in Vietnamese or translated into Vietnamese and filed to the criminal enforcement agency of province where the judgment execution dossier is prepared, the sentencing court (if the person in stay has served the expulsion sentence) or sent to the criminal enforcement agency of province where the accommodation establishment is based (if the person in stay is a foreigner who has completely served the imprisonment sentence pending the exit procedures) or sent to the Immigration Department or Director of Police of province where the request for deportation penalty was made (if the person in stay has faced a deportation as administrative penalty) for consideration.

Moreover, requests made by the persons in stay in points a, d, dd, e clause 3 Article 30 of Decree No. 112/2013/NĐ-CP dated October 02, 2013 of Vietnam’s Government and points b, d, dd, e clause 2 Article 121 of the Law on Criminal Judgment Enforcement of Vietnam or persons in stay who commit legal violations, are subject to investigation or wanted by Vietnamese or foreign authorities or requests for ban from leaving the accommodation establishments.

Within 15 working days after receiving such a request, the heads of the authorities in clause 1 shall consider accepting it and notify in writing the petitioner; in case of acceptance, a written notice shall be sent to the accommodation establishment, the People’s Committee or Police of commune where the person in stay comes to reside and the authorities in clause 1 Article 5 of Decree No. 65/2020/NĐ-CP. During the accommodation period, where there are grounds for presuming that the person in stay is nevertheless required to live in the accommodation establishment of the Ministry of Public Security, the heads of the authorities in clause 1 shall decide to change the accommodation and force the person in stay to return to the original accommodation establishment.

After the request for change of accommodation is accepted, the relatives or legal representative shall take the person in stay to the People’s Committee or Police of the commune to report his/her stay pending the exit.

If a person in stay who is a foreigner having completely served imprisonment sentence and is also required to make civil restitution or make payments or submit property as required by the court, in addition to the mentioned request, a commitment to make civil restitution or make payments or submit property must be made; furthermore, his/her relatives or legal representative must, in addition to the mentioned request, stand security for the person in stay concerning the obligation mentioned above in accordance with the civil law if the person in stay fails to or incompletely fulfill his/her obligations or escape.

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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