Dossier of imposition of the deportation in Vietnam

Dossier of imposition of the deportation in Vietnam (Image from the Internet)

1. Dossier of imposition of the deportation in Vietnam

The dossier of imposition of the deportation in Vietnam according to Article 12 of Decree 142/2021/ND-CP includes:

- The Dossier of imposition of the deportation, including:

+ The decision to apply the deportation penalty;

+ The administrative violation record;

+ The file proposing the application of the deportation measure as stipulated in Article 8 of Decree 142/2021/ND-CP;

+ A copy of the passport or a copy of other identification documents replacing the passport of the deportee;

+ Documents certifying the completion of other obligations (if any);

+ Other relevant documents.

- The immigration management authority of the provincial police or the professional department of the Immigration Department of the Ministry of Public Security shall be responsible for compiling the dossier of imposition of the deportation as stipulated in clause 1 of Article 12 of Decree 142/2021/ND-CP.

- The dossier of imposition of the deportation for foreigners who commit administrative violations in cases where the deportation penalty is an additional penalty as stipulated in clause 2 of Article 21 of the Law on Handling of Administrative Violations 2012 is executed according to the provisions in clauses 1, 2, and 4 of Article 12 of Decree 142/2021/ND-CP.

- The Dossier of imposition of the deportation must be paginated and stored at the competent authority.

2. Regulations on Management of foreigners violating Vietnamese law while deportation is in progress in Vietnam

Regulations on Management of foreigners violating Vietnamese law while deportation is in progress according to Article 13 of Decree 142/2021/ND-CP are as follows:

- The head of the professional department of the Immigration Department, the head of the provincial police immigration department (where the deportation proposal file is compiled) proposes to the Director of the Immigration Department or the Director of the provincial police to decide on the application of management measures for foreigners during deportation procedures.

- Foreigners violating Vietnamese laws during deportation procedures are subject to management measures in the following cases:

+ When there is a basis to believe that, if management measures are not applied, they will evade or obstruct the execution of the deportation penalty decision;

+ To prevent them from continuing to commit violations of the law.

- Management measures for foreigners violating Vietnamese laws during deportation procedures

+ Restrict their movement;

+ Designate their place of residence;

+ Temporarily seize their passport or other substitute identification documents.

- The application of management measures for foreigners violating Vietnamese laws must be clearly stated in the decision on the application of management measures, including the following contents:

+ Place, date, month, year of the decision;

+ Name, title of the decision maker;

+ Name, date, month, year of birth, nationality, occupation, passport number or substitute document number of the person subject to management measures;

+ Management measures (clearly stating specific management measures);

+ The validity of the decision; the duration of the decision; the scope and location of travel restrictions (for measures specified at point a, clause 3, Article 13 of Decree 142/2021/ND-CP); the mandatory residence place (for measures specified at point b, clause 3, Article 13 of Decree 142/2021/ND-CP); the reason for temporarily seizing the passport or other substitute document (for measures specified at point c, clause 3, Article 13 of Decree 142/2021/ND-CP);

+ Name, signature of the decision maker;

+ The agency responsible for enforcing the decision.

- The designation of a residence place for foreigners violating Vietnamese laws during deportation procedures is implemented as follows:

+ Accommodation at a facility managed by the Ministry of Public Security;

+ At other accommodation facilities designated by the Ministry of Public Security.

- The application of accommodation measures for foreigners violating Vietnamese laws during deportation procedures at facilities managed or designated by the Ministry of Public Security is implemented in the following cases:

+ Foreigners violating Vietnamese laws during deportation procedures who do not have a passport or substitute documents, and do not have the necessary conditions for deportation (plane ticket, visa, passport, substitute documents...);

+ No place of residence or expired residence period;

+ Violating the provisions of clause 2 Article 13 of Decree 142/2021/ND-CP or not complying with the management and supervision measures of the competent authority;

+ Committing violations of the law or there is a basis to believe that they may commit violations of the law while waiting for departure;

+ Attempting or preparing to escape or engage in other actions that make enforcing the deportation decision difficult;

+ Suffering from contagious diseases as prescribed by the law on prevention and control of infectious diseases that require medical isolation;

+ Suffering from mental illness or other illnesses affecting their cognitive abilities or behavior control;

+ Voluntarily requesting to stay at an accommodation facility.

- Detention facilities for administrative proceedings, criminal detention facilities, detention camps, and prison camps shall not be used to manage foreigners violating Vietnamese laws during deportation procedures.

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