Dossier of imposition of the deportation and procedures for expulsion under administrative procedures in Vietnam

Dossier of imposition of the deportation and procedures for expulsion under administrative procedures in Vietnam (Internet image)

1. Application for request for imposition of deportation in Vietnam

Application for request for imposition of deportation in Vietnam in Article 8 of Decree 142/2021/ND-CP is as follows:

- Within 2 working days, if 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 station where the foreigner registers his/her permanent residence or temporary residence or where the violation occurs to compile a request for imposition of the deportation. 

For violations identified by central agencies or specialized units of the Ministry of Public Security, the violation files shall be sent to the Immigration Department for preparation of requests for imposition of deportation.

- Within 3 working days from the day on which the violation file is received, the immigration authority of the provincial-level police department and the specialized division of the Immigration Department shall complete the request for imposition of deportation. The request includes:

+ Summary of background and illegal act of the person proposed to impose the deportation;

+ Administrative offence notice of the person proposed to impose the deportation;

+ Documents and evidence pertaining to the administrative violation;

+ Documents on the administrative penalties applied (for repeated violations or recidivism);

+ Written request for imposition of deportation.

- The preparation of a request for imposition of the deportation on the violating foreigner as an additional penalty specified in Clause 2, Article 21 of the Law on Handling of Administrative Violations 2012 shall comply with the regulations above.

2. Dossier of imposition of the deportation in Vietnam

Dossier of imposition of the deportation under Article 12 of Decree 142/2021/ND-CP is as follows:

- A dossier of imposition of the deportation includes:

+ Decision on imposing deportation;

+ Administrative offence notice;

+ Request for imposition of deportation as per Article 8 of this Decree;

+ A copy of the passport or a copy of another identification document in lieu of the passport of the deportee;

+ Papers certifying that other obligations have been fulfilled (if any);

+ Other relevant documents.

- The immigration authority of the provincial-level Police Department or the specialized division of the Immigration Department of the Ministry of Public Security shall have to compile a dossier of imposition of the deportation as prescribed above.

- The dossier on imposing deportation on the violating foreigner as an additional penalty specified in Clause 2, Clause 2, Article 21 of the Law on Handling of Administrative Violations 2012 shall comply with the regulations above.

- Dossier of enforcement of deportation must be numbered and kept at a competent agency.

3. Procedures for expulsion in Vietnam

Procedures for expulsion under Article 84 of the Law on Handling of Administrative Violations 2012 are as follows:

- Decision on expulsion must be notified before implementation to the Ministry of Foreign Affairs of Vietnam, the diplomatic mission, consular post of country of which person expelled is citizen or of country where that person have been resident before coming Vietnam.

- The competent Police offices shall organize implementation of decision on expulsion, apply preventive measures and ensure handling administrative violations specified in Chapter I fourth part of Law on Handling of Administrative Violations 2012.

Quoc Dat

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