Decree No. 17/2016/ND-CP dated March 17, 2016 of the Govenrmnet on amending and supplementing a number of articles of the Government’s Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of expulsion and the measures of custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of Vietnam’s law pending the completion of expulsion procedures

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Decree No. 17/2016/ND-CP dated March 17, 2016 of the Govenrmnet on amending and supplementing a number of articles of the Government’s Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of expulsion and the measures of custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of Vietnam’s law pending the completion of expulsion procedures
Issuing body: GovernmentEffective date:
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Official number:17/2016/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:17/03/2016Effect status:
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Fields:Administrative violation , Justice

SUMMARY

To supplement the case for providing the measures of custody of violators to administrative procedures

On March 17, 2016, the Government issued the Decree No. 17/2016/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of expulsion and the measures of custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of Vietnam’s law pending the completion of expulsion procedures.

Within that, the most important contents is for providing the measures of custody of violators to administrative procedures. Accordingly, from May 02, 2016, custody of a person according to administrative procedures may only be applied when it is necessary to prevent and stop the acts such as disturbing public order; inflicting injury on other persons. When it is necessary to prevent and stop acts of smuggling or illegal cross-border transportation of goods in the following cases where violators show signs of escape or destruction of material evidence and means of violation, obstructing the handling of violations such as importing or exporting goods banned or suspended from export or import ; importing or exporting goods on the list of goods subject to conditional import or export without an export or import permit or paper granted by a competent agency in accordance with regulations accompanying the goods..

This Decree takes effect on May 2, 2016.
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THE GOVERNMENT

 
No. 17/2016/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, March 17, 2016
 
DECREE
Amending and supplementing a number of articles of the Government’s Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of expulsion and the measures of custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of Vietnam’s law pending the completion of expulsion procedures[1]
 
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the November 21, 2007 Law on Prevention and Combat of Domestic Violence;
Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;
Pursuant to the June 23, 2014 Law on Customs;
At the proposal of the Minister of Public Security,
The Government promulgates the Decree amending and supplementing a number of articles of Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of expulsion and the measures of custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of Vietnam’s law pending the completion of expulsion procedures.
Article 1. To amend and supplement a number of articles of Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of expulsion and the measures of custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of Vietnam’s law pending the completion of expulsion procedures (hereafter referred to as Decree No. 112/2013/ND-CP).
1. To amend and supplement Clause 1 of Article 3 as follows:
“1. The custody and escorted transfer of persons according to administrative procedures and the application of the sanction of expulsion must ensure proper subjects, procedures, competence and time limits provided in the Law on Handling of Administrative Violations, Article 102 of the Law on Customs, this Decree and other relevant laws.”

 

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Administrative violation , Finance - Banking

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