Decree 142/2021/ND-CP expulsion and temporary custody and escorted transfer of violators, management of foreign violators

DECREE

Providing the expulsion sanction, measure of holding persons in custody, escort of violators according to administrative procedures and management of foreigners who violate Vietnam’s law pending the completion of expulsion procedures^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 21, 2007 Law on Domestic Violence Prevention and Control;

Pursuant to the June 16, 2014 Law on Entry, Exit and Residence of Foreigners in Vietnam and the November 25, 2019 Law Amending and Supplementing a Number of Articles of the Law on Entry, Exit and Residence of Foreigners in Vietnam;

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations; and the November 13, 2020 Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree providing the expulsion sanction, measure of holding persons in custody, escort of violators according to administrative procedures, and management of foreigners who violate Vietnam’s law pending the completion of expulsion procedures.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides:

1. Subjects of application, procedures for applying the expulsion sanction; rights and obligations of persons subject to the expulsion sanction; measures to manage foreigners who violate Vietnam’s law pending the completion of expulsion procedures and responsibilities of agencies and organizations in executing the expulsion sanction.

2. Subjects of application, procedures for holding persons in custody and escorting violators according to administrative procedures; cases of applying the measure of holding of persons in custody or escort of violators according to administrative procedures; rights and obligations of persons subject to the measure of holding in custody or escort according to administrative procedures.

3. Other issues related to the application of the expulsion sanction and the measure of holding persons in custody or escort of violators according to administrative procedures.

Article 2. Subjects of application

This Decree applies to:

1. Persons who commit administrative violations and are held in custody according to administrative procedures as specified in Article 16 of this Decree.

2. Persons who commit violations and are escorted under Article 124 of the Law on Handling of Administrative Violations.