VietnameseDecree No. 15/2009/ND-CP dated February 13, 2009 of the Government amending and supplementing a number of articles of Decree No. 97/2006/ND-CP of September 15, 2006, regarding the application of the sanction of expulsion under administrative procedures
ATTRIBUTE
Decree No. 15/2009/ND-CP dated February 13, 2009 of the Government amending and supplementing a number of articles of Decree No. 97/2006/ND-CP of September 15, 2006, regarding the application of the sanction of expulsion under administrative procedures
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 15/2009/ND-CP | Signer: | Nguyen Tan Dung |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 13/02/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administration , Policy , Public order , Immigration |
For more details, click here.
Download files here.
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known
THE GOVERNMENT --------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------------- |
No. 15/2009/ND-CP | Hanoi, February 13, 2009 |
DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO. 97/20067/ND-CP OF SEPTEMBER 15, 2006, REGARDING THE APPLICATION OF THE SANCTION OF EXPULSION UNDER ADMINISTRATIVE PROCEDURES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the April 28, 2000 Ordinance on Entry, Exit and Residence of Foreigners in Vietnam;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations, which was amended and supplemented under the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Public Security,
DECREES:
Article 1. To amend and supplement a number of articles of Decree No. 97/2006/ND-CP of September 15, 2006, providing for the application of the sanction of expulsion under administrative procedures:
1. Article 5 is amended and supplemented as follows:
"Article 5. Competence to decide on the application of the sanction of expulsion
1. The Minister of Public Security is competent to decide on the application of the sanction of expulsion under administrative procedures.
2. The director of the Immigration Department, the directors of Public Security Departments of provinces and centrally run cities (below referred to as provincial-level Public Security Departments) are competent to decide on the application of the sanction of expulsion under administrative procedures according to the Minister of Public Security's decentralization."
2. Article 6 is amended and supplemented as follows:
"Article 6. Order of applying the sanction of expulsion
1. If agencies detecting violations deem that foreigners committing acts of law violation are subject to the application of the sanction of expulsion, they must immediately send files on the violation cases to the concerned provincial-level Public Security Departments of the localities where such foreigners register their residence or where they commit the violation acts, for compilation of dossiers on the application of the sanction of expulsion. If procedure-conducting agencies, other state management bodies at the central level or professional units of the Ministry of Public Security detect such violations they shall send, the violation files to the Immigration Department for compilation of dossiers on the application of the sanction of expulsion.
2. Within seven days after the receipt of violation files, directors of provincial-level Public-Security Departments shall complete the dossiers on the application of the sanction of expulsion. Such a dossier comprises:
a/ The curriculum vitae and law-breaking acts of the person proposed for expulsion;
b/ Documents and evidence on acts of violating the administrative law;
c/ The already applied handling forms (for cases of repeated violation or recidivism);
d/ The written proposal on expulsion (for non-decentralized cases).
3. For cases already decentralized to directors of provincial-level Public Security Departments by the Minister of Public Security, immediately after completing dossiers on the application of the sanction of expulsion to foreigners who have committed administrative violations, the directors of concerned provincial-level Public Security Departments shall consider and issue expulsion decisions. If the conditions for application of the sanction of expulsion arc not fully met, they shall immediately notify the violation-detecting agencies thereof.
4. For cases already decentralized to the director of the Immigration Department by the Minister of Public Security, immediately after completing dossiers on the application of the sanction of expulsion, the directors of concerned provincial-level Public Security Departments shall transfer the files and written proposals on the application of the sanction of expulsion to the director of the Immigration Department for issuance of expulsion decisions.
Within five days after the receipt of written proposals on expulsion from directors of provincial-level Public Security Departments, the director of the Immigration Department shall consider and issue expulsion decisions against foreigners committing administrative violations. If the conditions for application of the sanction of expulsion are not fully met, he/she shall notify the violation-detecting agencies and the dossier-compiling provincial-level Public Security Departments thereof.
5. In case the Minister of Public Security issues expulsion decisions, immediately after completing dossiers proposing the application of the sanction of expulsion, the directors of concerned provincial-level Public Security Departments shall transfer the files and written proposals on application of the sanction of expulsion to the Immigration Department for consideration before submitting them to the Minister of Public Security for decision.
Within five days after the receipt of dossiers of proposal on expulsion from the directors of provincial-level Public Security Departments, the Immigration Department shall examine the dossiers. If the conditions for application of the sanction of expulsion are fully met, it shall make a report proposing the Minister of Public Security to issue an expulsion decision; if the conditions are not fully met. it shall notify such to the violation-detecting agency and the provincial-level Public Security Department which has compiled the expulsion proposal dossier.
Within three days after the receipt of expulsion proposals of the Director of the Immigration Department, the Minister of Public Security shall consider and issue expulsion decisions against foreign violators.
6. If the Immigration Department directly detects administrative violations committed by foreigners or receives violation files from procedure-conducting agencies, other state management bodies at the central level or professional units of the Ministry of Public Security, it shall compile the dossiers on application of the sanction of expulsion as provided for in Clause 2 of this Article. If the violators fall under its decentralized scope, the Director of the Immigration Department shall issue expulsion decisions; if not, he/she shall report the cases to the Minister of Public Security or transfer the cases to the directors of concerned provincial-level Public Security Departments for issuance of expulsion decisions."
3. Article 7 is amended as follows:
"Article 7. Expulsion decisions
1. An expulsion decision must clearly state:
a/ Date of its issuance;
b/ The full name and position of the issuer;
c/ The full name, birth date, nationality, occupation and passport number of the expelled person;
Click Download to see full text
Processing, please wait...
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
VIETNAMESE DOCUMENTS
Decree 15/2009/NĐ-CP DOC (Word)
Decree 15/2009/NĐ-CP ZIP (Word)ENGLISH DOCUMENTS
Official Gazette
Decree 15/2009/NĐ-CP PDFThis utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
* Note: To view documents downloaded from LuatVietnam.vn, please install DOC, DOCX and PDF file readers
For further support, please call 19006192
