Request for imposition of deportation in Vietnam

Request for imposition of deportation in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

1. Request for imposition of deportation in Vietnam

Dossier requesting application of deportation sanction according to 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 Clauses 1 and 2 of Article 8 of Decree 142/2021/ND-CP.

2. Rights and obligations of the deportee in Vietnam

Rights and obligations of the deportee according to Article 7 of Decree 142/2021/ND-CP are as follows:

- Rights of the deportee:

+ Know the reason for the deportation, receive the deportation decision at least 48 hours before the execution;

+ Require an interpreter when working with a competent agency or person;

+ Receive statutory benefits as prescribed in Decree 65/2020/ND-CP on benefits for people staying at accommodation establishments during the waiting period for exit;

+ Bring their lawful property out of the Vietnamese territory;

+ Lodge complaints and file whistleblowing reports in accordance with the law on settlement of complaints and whistleblowing reports.

- Obligations of the deportee:

+ Fully comply with the provisions stated in the decision on penalty for administrative violations including the deportation;

+ Present identification papers at the request of immigration authorities;

+ Comply with Vietnamese law and abide by the management of the police whilst deportation in in progress;

+ Quickly fulfill all civil, administrative and economic obligations as prescribed by law (if any);

+ Complete the necessary procedures to leave the Vietnamese territory.

3. Subjects of deportation (deportees) in Vietnam

According to Article 5 of Decree 142/2021/ND-CP, individuals being foreigners who commit administrative violations within the territory, contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; on board an aircraft bearing Vietnamese nationality or a seagoing vessel flying the Vietnamese flag, depending on the seriousness of the violation, shall face the penalty of deportation as prescribed in Article 27 of the Law on Handling of Administrative Violations 2012.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE