Decree 249/2026/ND-CP execution of expulsion, management of stayers at accommodation establishments pending exit from Vietnam

DECREE

Prescribing the execution of expulsion, the organization of management of and regimes for stayers at accommodation establishments pending exit from Vietnam

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Execution of Criminal Judgments No. 127/2025/QH15;

Pursuant to the Law on Handling of Administrative Violations No. 15/2012/QH13, as amended and supplemented by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, and Law No. 88/2025/QH15;

Pursuant to the Law on Extradition No. 100/2025/QH15;

Pursuant to the Law on Exit and Entry of Vietnamese Citizens No. 49/2019/QH14, as amended and supplemented by the Law No. 23/2023/QH15;

Pursuant to the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam No. 47/2014/QH13, as amended and supplemented in a number of articles by Law No. 51/2019/QH14, Law No. 23/2023/QH15, Law No. 103/2025/QH15, and Law No. 118/2025/QH15;

At the proposal of the Minister of Public Security;

The Government promulgates this Decree prescribing the execution of expulsion, the organization of management of and regimes for stayers at accommodation establishments pending exit from Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the order and procedures for the execution of the expulsion sentence; the organization of management of and regimes (including meals, clothes, accommodation, living, communication, visit, gift receipt, medical examination and treatment, and burial expenses) for people serving the expulsion sentence, foreigners subject to expulsion as an administrative sanction, foreigners having completely served their imprisonment sentences and people subject to decision on holding of persons in case of emergency before extradition requests are presented staying at accommodation establishments managed by the People's Public Security forces pending completion of exit procedures (below collectively referred to as stayers).

Article 2. Subjects of application

This Decree applies to stayers; agencies, organizations, and individuals involved in the execution of the expulsion sentence and the organization of management of and implementation of regimes for stayers.

Article 3. Funding for implementation

Funding for the construction of physical foundations and procurement of equipment and facilities and the assurance of regimes for stayers shall be ensured by the state budget and included in the annual budget estimate of the Ministry of Public Security.

Article 4. Principles for information exchange and management in the organization of management of stayers

Records, notices, reports, documents for information exchange, and requests for coordination prescribed in this Decree may be made in either paper or electronic form in accordance with law. An electronic document bearing a valid digital signature shall have the same legal value as its paper counterpart and shall be used in the preparation, transmission, receipt, processing, management, and storage thereof in accordance with the laws on electronic transactions, electronic archives, cybersecurity, and personal data protection.

Chapter II

ORDER AND PROCEDURES FOR THE EXECUTION OF THE EXPULSION SENTENCE

Article 5. Notification of the execution of the expulsion sentence

1. Within 03 (three) working days from the date of receipt of the court's decision on execution of the expulsion sentence in the case prescribed in Clause 1 Article 116 of the Law on Execution of Criminal Judgments, or from the date of receipt of the prison superintendent's notice of the time of completion of the prison term of a person subject to expulsion as an additional sentence, the criminal judgment execution agency of the provincial-level Department of Public Security shall serve the decision on execution upon the person serving the sentence; and concurrently notify the Ministry of Foreign Affairs, the diplomatic mission or consulate of the country of which such person is a citizen or the representative agency of the international organization of which such person is an employee, and the agency or organization which has guaranteed such person's entry into Vietnam. In case the person serving the sentence is being held in temporary detention, the decision shall be sent to the temporary detention camps where such person is being detained for service upon the person serving the sentence.

2. In case a prisoner subject to the additional expulsion sentence is granted a special amnesty or exempted from serving the prison sentence, within 24 hours from the receipt of the decision on special amnesty or exemption from serving the prison sentence, the prison superintendent shall notify in writing the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the prison is stationed for immediate notification to the agencies prescribed in Clause 1 of this Article.

Article 6. Dossier for the execution of the expulsion sentence

1. Within 03 (three) working days from the date of receipt of the court's decision on execution or from the date of taking over a person who has completed serving the prison sentence, a person granted a special amnesty, or a person exempted from serving the prison sentence and subject to the additional expulsion sentence, the criminal judgment execution agency of the provincial-level Department of Public Security shall prepare the dossier for the execution of the expulsion sentence.

2. The dossier for the execution of the expulsion sentence (hereinafter referred to as the judgment execution dossier) shall contain all documents and materials prescribed in Clause 2 Article 118 of the Law on Execution of Criminal Judgments. The certificate of completion of the sentence and other obligations prescribed at Point c Clause 2 Article 118 of the Law on Execution of Criminal Judgments includes: the certificate of completion of the prison sentence, the decision on special amnesty, the decision on exemption from serving the prison sentence, the decision on exemption from or reduction of the fine, the decision on completion of judgment execution, the decision on suspension of judgment execution, and the certificate or confirmation issued by the competent judgment execution authority regarding the result of judgment execution or the fulfillment of other obligations.

3. Upon handing over a person who has completed serving the prison sentence, a person granted a special amnesty, or a person exempted from serving the prison sentence and subject to the additional expulsion sentence to the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the prison is stationed, the prison superintendent shall concurrently hand over copies of the judgment, the decision on execution of the prison sentence, the certificate of completion of the prison sentence, the certificate of special amnesty, the decision on exemption from serving the prison sentence, and documents evidencing the fulfillment of other obligations (if any) for the compilation of the dossier for the execution of the expulsion sentence.

Article 7. Designation of the place of stay

1. Within 03 (three) working days from the date of compilation of the judgment execution dossier, the criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier shall issue a decision designating the place of stay for the expellee pending exit from Vietnam. The designated place of stay must have a clear address and ensure convenience for management and supervision. Custody rooms, temporary detention rooms of regional detention sub-camps, temporary detention camps or detention rooms of prisons shall not be used for the management of expellees pending exit from Vietnam.

2. In case an expellee falls into one of the cases prescribed in Clause 2 Article 119 of the Law on Execution of Criminal Judgments, the criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier shall issue a decision and organize the sending of the expellee to an accommodation establishment managed by the People's Public Security forces (below referred to as accommodation establishment).

3. If an expellee or his/her relative or lawful representative requests to stay at a lawful place of temporary stay in another province or city, he/she shall file a request with the criminal judgment execution agency of the provincial-level Public Security Department which has compiled the judgment execution dossier for consideration and decision. Such written request must indicate the full name and address of the requester and his/her relation to the expellee, the address of the place of stay, the commitment to meeting all requirements of the criminal judgment execution agency of the provincial-level Public Security Department and to abiding by the law and regulations of the local administration of the place of stay. The written request must be made in Vietnamese or translated into Vietnamese (if made in a foreign language), bear a signature authenticated in accordance with law, and be certified by the Vietnam-based diplomatic mission, consulate, or other agency authorized to perform consular functions of the country of which the expellee is a citizen, or by the representative agency of the international organization for which such person is an employee, and by the commune-level People's Committee of the place or the agency or organization where the expellee comes to stay.

4. Within 02 working days from the date of issuance of the decision designating the place of stay, the criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier shall notify the court which has issued the judgment execution decision, the procuracy at the same level, and the agencies prescribed in Clause 1, Article 5 of this Decree.

Article 8. Management of expellees

1. The criminal judgment execution agency of the provincial-level Public Security Department that has compiled the judgment execution dossier shall assume the prime responsibility for, and coordinate with the functional bodies and the local administration of the place where the expellee comes to stay in, managing the expellee.

2. Within 03 working days from the date of issuance of a decision to send an expellee to an accommodation establishment or a decision to designate a place of stay in another province or city, the criminal judgment execution agency of the provincial-level Public Security Department which has compiled the judgment execution dossier shall send a notice enclosed with copies of the judgment and the judgment execution decision to the criminal judgment execution agency of the provincial-level Public Security Department of the place where the expellee comes to stay for coordinated management and carrying out handling procedures when the expellee absconds or dies as provided in Clause 4 Article 119 and Article 120 of the Law on Execution of Criminal Judgments.

Article 9. Settlement of cases in which persons subject to expulsion abscond

1. If the absconded expellee is re-arrested or surrenders himself/herself, the agency arresting the expellee or receiving the surrendering expellee shall make a record thereof and immediately notify the criminal judgment execution agency of the provincial-level Public Security Department which has compiled the judgment execution dossier to receive and send such person into an accommodation establishment and notify the agency which has issued the hunt decision for issuance of a decision to terminate the hunt according to regulations.

2. If the expellee absconds on the way under escort to an accommodation establishment or a place for exit, the criminal judgment execution agency of the provincial-level Public Security Department which has organized the escort shall organize the pursuit and issue a decision on the hunt and termination of the hunt.

3. The criminal judgment execution agency of the provincial-level Public Security Department which has compiled the execution dossier shall immediately notify the same-level procuracy, the court which has issued the expulsion decision, the criminal judgment execution management agency of the Ministry of Public Security and the agencies defined in Clause 1, Article 5 of this Circular of the expellee's absconding, re-arrest or surrender.

Article 10. Grant of exit permits

1. The criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier shall inspect the passport or passport substitute paper of the expellee. In case the passport bears no visa or the temporary residence certification has expired, it shall request the competent authority, in accordance with law, to issue a visa or extend the temporary residence period to facilitate exit in accordance with regulations. In urgent cases, a written request shall be sent to the immigration authority no later than 24 hours before carrying out the expulsion at the border gate.

2. In case the expellee has no passport or passport substitute paper, the criminal judgment execution agency of the provincial-level Department of Public Security shall notify the Ministry of Foreign Affairs or the immigration authority under the Ministry of Public Security in writing to request the diplomatic mission or consulate of the country of which such person is a citizen to issue a passport or a passport substitute paper for the purpose of carrying out procedures for visa issuance and extension of temporary residence for exit.

3. In case the person serving the sentence falls into one of the cases prescribed in Clause 2 Article 121 of the Law on Execution of Criminal Judgments, within 01 working day from the time grounds for temporary postponement of exit arise, the criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the dossier for execution of the expulsion sentence shall submit a written report to the court that issued the decision on execution so that it may issue a decision on the extension of the time limit for the expellee's departure from the Vietnamese territory; concurrently, it shall coordinate with the Ministry of Foreign Affairs in notifying and requesting the Vietnam-based diplomatic mission, consulate, or other agency authorized to perform consular functions of the country of which the expellee is a citizen, or the representative agency of the international organization for which such person is an employee, or the agency or organization which has guaranteed such person's entry into Vietnam, for settlement or contact with the expellee's family and the agency for which he/she works for providing funding supports for him/her to pay the fine and fulfill other civil obligations; concurrently, it shall notify the competent civil judgment execution authority to carry out judgment execution procedures or procedures for requesting the competent court to consider exemption from or reduction of judgment execution obligations in respect of amounts payable to the State budget in accordance with the Law on Execution of Civil Judgments. After the civil judgment execution agency issues a decision or document on termination of the judgment execution against the expellee, the criminal judgment execution agency of the provincial-level Public Security Department shall carry out procedures to compel the expellee to leave the territory of Vietnam.

Article 11. Compulsory departure from Vietnamese territory for the expellees

1. The criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier shall decide on the exit time, which, however, must not beyond the time limit indicated in the judgment execution decision of the court or beyond the time limit prescribed by law.

2. The criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier shall buy travel tickets for the expellee in case the latter pays for his/her travel or the diplomatic mission or consulate of the country of which such person is a citizen, or the representative agency of the international organization of which such person is an employee, or the agency or organization which has guaranteed such person's entry into Vietnam shall pay for the expellee's home-bound travel.

3. No later than 24 hours before the time of exit, the criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier shall notify the expellee, the immigration control authority at the border gate, and the agencies prescribed in Clause 1 Article 5 of this Decree of the time, place, and means of exit for coordination in carrying out the expulsion. In case of expulsion by land to a country bordering on Vietnam, the exit must not be carried out at nighttime, except for special cases.

In case the expellee has money and lawful belongings deposited at the criminal judgment execution agency of the provincial-level Public Security Department or accommodation establishment, 24 hours before the exit time, the criminal judgment execution agency of the provincial-level Public Security Department or the accommodation establishment shall return the money and belongings to the expellee. Such return must be recorded in writing with the signatures of the transferor, the transferee and witnesses.

4. The criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier shall be responsible for organizing the escort of the expellee to the border gate of exit and coordinating with the immigration control authority at the border gate in carrying out the expulsion procedures and compelling the person to leave the territory of Vietnam. The execution of expulsion at the border gate of exit shall be recorded in a written record bearing the signatures of the expellee and the present representatives of the parties participating in the execution of the expulsion.

5. In case the expellee refuses to voluntarily comply with the expulsion or refuses to exit and leave Vietnam, the criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier shall take primary responsibility for, and coordinate with, the provincial-level Public Security immigration authority in escorting the expellee to the border gate of the country of which he/she is a citizen. In case the escort for exit is carried out by air, the criminal judgment execution agency of the provincial-level Department of Public Security shall notify and coordinate with the country of which such person is a citizen and reach agreement with the air carrier on measures to ensure security and safety during the escort, and shall comply with the international treaties on civil aviation security to which Vietnam is a member.

Chapter III

ORGANIZATION OF MANAGEMENT OF AND REGIMES FOR STAYERS

Article 12. Organization of management of stayers

1. Stayers shall stay at accommodation establishments and submit to the management and supervision by their accommodation establishments, be informed of the establishments’ internal regulations and the provisions of law on management and implementation of regimes for stayers. Accommodation establishments shall organize the receipt and management of persons who are named in decisions to bring them to accommodation establishments and hand over stayers from accommodation establishments in accordance with law as well as regulations of the Ministry of Public Security.

Accommodation establishments shall comply with regulations on guard and escort of stayers and strictly manage stayers during their stay; make plans and apply measures to protect the safety of accommodation establishments; coordinate in searching stayers who escape from the accommodation establishments; inspect letters, postal items, cash, valuable papers and personal items of stayers in order to find, prevent and dispose of articles banned from being brought into accommodation establishments; receive and respond to letters and requests for information relating to accommodation establishments and stayers, and manage the stayers’ dossiers and databases in accordance with law.

2. The Ministry of Public Security shall specify the internal regulations of accommodation establishments and the order and procedures for receiving and managing persons who are named in decisions to bring them to accommodation establishments and for handing over stayers from accommodation establishments.

Article 13. Handling of stayers who violate the internal regulations of accommodation establishments

1. In case a stayer violates the internal regulations of his/her accommodation establishment, opposes or disobeys instructions of the accommodation establishment’s officer, a written record of such violation shall be made to the witness of other persons and, depending on the nature and severity of the violation, the accommodation establishment’s officer shall explain the regulations on the management and implementation of regimes and policies for stayers, ask the stayer to observe the accommodation establishment’s internal regulations and obey the officer’s orders. In case of necessity, the accommodation establishment’s officer may take measures prescribed by law to suppress and place the stayer in a separate room, and suppress his/her opposing acts, prevent and stop him/her from escaping, committing acts that endanger his/her own life or health or that of others; or damaging the property of the accommodation establishment or the property of others. The duration of confinement of stayers in a separate room shall be decided by the head of the accommodation establishment.

The accommodation establishment shall immediately notify the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located for further notification to the criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier and the court which has issued the judgment execution decision (in case the stayer is serving the expulsion sentence), or to the Immigration Department or the Director of the provincial-level Department of Public Security which has compiled the dossier of proposal on expulsion (for a foreigner subject to expulsion as an administrative sanction) for coordination, settlement and notification to the Ministry of Foreign Affairs for further notification to the diplomatic mission or consulate of the country of which such person is a citizen or to the Vietnam-based representative office of the international organization where he/she works; at the same time, the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located shall notify the stayer’s stay to his/her relative or lawful representative who resides in Vietnam (if any) for coordination in encouraging, educating and managing the stayer.

2. In case a stayer’s violation shows signs of crime, the accommodation establishment shall immediately report it to a competent investigation agency for initiation of a criminal case, investigation and handling in accordance with law. Pending decisions of competent proceeding-conducting agencies, the accommodation establishment shall strictly manage such stayer, prevent him/her from escaping, committing suicide or violating the accommodation establishment’s internal regulations; at the same time, notify the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located for further notification to the agencies specified in Clause 1 of this Article for coordinated settlement.

Article 14. Accommodation regime for stayers

1. Stayers shall be arranged in a gender-based collective room; the minimum sleeping area is 03 m²/person (those with small children or pregnant woman will be provided with a minimum sleeping area of 04 m²), with a ceramic tile floor or a bed, a toilet, a mat, a blanket and a mosquito net. Stayers who are lesbians, gays or transgender people or have an unidentified gender may be arranged in a separate room.

2. Stayers suffering category-A infectious diseases or certain category-B infectious diseases as prescribed by the law on prevention and control of infectious diseases or those suffering mental illnesses or other diseases that impair their cognition or behavior control ability shall be arranged in a separate room.

Article 15. Meals and clothes for stayers

1. Meals for stayers shall be guaranteed by the State according to the following monthly quantitative allowances: 17 kg of ordinary rice; 15 kg of green vegetables or root vegetables or fruits; 1.5 kg of meat; 1.5 kg of fish; 05 chicken or duck eggs; 0.5 kg of sugar; 0.75 liter of fish sauce; 0.3 liter of cooking oil; 0.1 kg of monosodium glutamate; 0.5 kg of salt; other spices equivalent to 0.5 kg of ordinary rice; fuel equivalent to 17 kg of firewood or 15 kg of coal; or 25 kWh of electricity, or 03 kg of liquefied petroleum gas (LPG), as appropriate to the actual conditions of the accommodation establishment; food and fuel must be of standard quality and average prices according to local market prices. During holidays and New Year days as prescribed by Vietnam’s law, and 01 day of traditional New Year festival and 01 National Day of the country of which stayers are citizens, stayers are entitled to extra food not exceeding 05 times the normal daily allowances. Accommodation establishments may decide to swap the actual quantities of different kinds of food so that stayers can consume all the allowances.

2. In addition to the food allowances prescribed in Clause 1 of this Article, stayers may use their gifts and deposited money for buying extra food according to regulations of accommodation establishments.

3. Stayers shall be guaranteed to have hygienic and safe food and drinks. An accommodation establishment may organize a collective kitchen with the following standard equipment and utensils: stove; cookers of rice, water and food; pans, cupboards, water pots; baskets, bowls, chopsticks, tables, chairs and other necessary utensils and appliances for cooking, preserving food, boiling water and dividing food for stayers according to standard rations.

4. Meals for sick or diseased stayers shall be decided by the head of their accommodation establishment as instructed by a medical worker. Female stayers during the period of pregnancy, giving birth or nursing a child under 36 months of age are entitled to a food ration equal to 2 times the normal daily ration as prescribed in Clause 1 of this Article, which may be swapped as prescribed by a medical physician.

5. Stayers may bring into their accommodation establishment essential personal belongings for use according to regulations of the Ministry of Public Security. In case a stayer lacks clothes, depending on the length of his/her stay and the weather conditions, one set to two sets of ordinary-fabric clothes may be provided to him/her.

Article 16. Regime of physical exercise, sports, cultural and artistic activities and use of scriptures and manifestation of belief and religion for stayers

Stayers are entitled to do physical exercise, play sports and participate in cultural and artistic activities, read books and newspapers, listen to radio and watch television as suitable to the conditions of their accommodation establishment. Every accommodation establishment shall be equipped with an internal radio system; each room shall be equipped with one television set and stayers can borrow books and newspapers from their accommodation establishment. The stayers’ duration of doing physical exercise, playing sports, participating in cultural and artistic activities, reading books and newspapers, listening to radio and watching television must comply with the internal regulations of their accommodation establishment.

The stayers may use scriptures and manifest their beliefs and religion in accordance with the laws of Vietnam; the exercise of such rights must be compatible with the actual conditions of the accommodation establishment and the requirements on security, safety, and order at the accommodation establishment.

Article 17. Communication regime for stayers

1. Stayers may make phone calls, receive letters from and send letters to their relatives and lawful representatives, diplomatic missions or consulates of the country of which such person is a citizen according to the regulations of their accommodation establishment, and shall pay telephone and postal charges.

2. Stayers’ communication regime is specified as follows:

a) Stayers may send 4 letters a month. For a stayer who is being verified, investigated or handled for criminal acts or involved in other criminal cases for which the agency accepting the cases makes a written request for strict censorship of letters sent and received by the stayer in order to prevent him/her from exchanging with other people the information that may affect the investigation and verification activities, the head of the accommodation establishment shall, before permitting the stayer to receive or send a letter, notify the letter’s content to the case-accepting agency and agree with the latter whether to allow or disallow the stayer to receive or send the letter. If disallowing the stayer to receive or send a letter, the head of the accommodation establishment shall make a written record clearly stating the reason and notify such to the stayer and his/her relatives.

b) The accommodation establishment shall coordinate with the local post and telecommunications agency to install wired or wireless fixed telephones and allow stayers to make 4 domestic or international phone calls a month, with each call lasting no more than 10 minutes. In urgent cases, based on the contents of a written request of a stayer, the head of the accommodation establishment may consider and allow the stayer to make a phone call lasting no more than 10 minutes. When making such a phone call, the stayer shall dial the phone number and talk on the content as registered. The head of the accommodation establishment shall appoint an officer to closely supervise the exchanged content of the stayer’s phone call; if detecting that the exchanged content is not the registered content, the appointed officer shall immediately stop the phone call and clearly explain the reason to the stayer, and when deeming it necessary, make a written record of the stoppage. Phone call charges shall be paid by stayers from their deposited money according to the rate set by the post and telecommunications agency in the form of book entry or from other sources of funding as approved by the head of the accommodation establishment.

For a stayer who is being verified, investigated or handled for criminal acts or involved in other criminal cases for which the agency accepting the cases makes a written request for strict censorship of the stayer’s phone calls in order to prevent him/her from communicating with other people the contents that may affect the investigation and verification activities, the head of the accommodation establishment shall, before allowing the stayer to make a phone call, exchange information with and request the case-accepting agency to coordinate and strictly control the stayer’s phone call. If detecting that the stayer is exchanging contents that may affect the investigation or verification activities, the head of the accommodation establishment shall agree with the case-accepting agency to immediately stop the phone call, make a written record, clearly stating the reason, and inform such stoppage to the stayer and his/her relatives.

Article 18. Regime of visit and receipt of gifts for stayers

1. Stayers may meet their relatives or lawful representatives at meeting rooms of their accommodation establishment once a week with each meeting lasting no more than 2 hours. In case a representative of a Vietnamese agency or organization or another Vietnamese individual requests meeting a stayer, the head of the accommodation establishment shall consider and decide to accept such request if deeming that it is in the lawful interest of the stayer and satisfies the requirements on stayer management and crime prevention and combat.

Stayers who strictly observe the internal regulations of their accommodation establishment may meet their spouses in a separate room of the accommodation establishment once a month for no more than 24 hours. Stayers who violate the internal regulations of their accommodation establishment may meet their relatives once a month for no more than 1 hour.

For a stayer who is being investigated and handled for other criminal acts or involved in other criminal cases for which the agency accepting the cases makes a written request for his/her accommodation establishment to disallow the stayer to meet other people or requests coordination with the accommodation establishment to supervise the stayer’s visits, the head of the accommodation establishment shall consider and implement such request and clearly explain it to the visitors of the stayer.

2. Each visit may involve no more than 3 relatives. In special cases to meet the requirement of management and education of stayers, the head of the accommodation establishment may decide to increase the number of relatives to 5 people at most per visit and shall ensure that such visit does not affect the security and safety of the accommodation establishment.

3. Visit procedures:

a) A relative or lawful representative who wishes to visit a stayer shall file a written request in Vietnamese or translated into Vietnamese according to Form No. 01 in the Appendix to this Decree, and present one of the following documents: passport, identity card, citizen’s identity card, electronic identification account on VNeID, or another lawful identity document for the accommodation establishment to check and organize a visit for the right subject.

b) If a stayer is allowed to meet his/her spouse in a separate room as prescribed in Clause 1 of this Article, the stayer’s spouse shall complete the visit procedures specified at Point a, Clause 3 of this Article and must have papers and documents proving that he/she is the spouse of the stayer, certified by a diplomatic mission or consulate of the country of which the spouse is a citizen or by the Vietnam-based representative office of the international organization where the spouse works, or the competent authority of the country of which the stayer is a citizen, or the commune-level People's Committee of the place where the spouse resides (in case the spouse is Vietnamese); the stayer and his/her spouse shall each make a written request for a meeting in a separate room according to Form No. 02 in the Appendix to this Decree and send it to the head of the accommodation establishment for consideration and decision.

c) The permission for a stayer to meet his/her relative or lawful representative shall be decided by the head of their accommodation establishment depending on the accommodation establishment’s conditions and working hours, and the duration of visit as prescribed in Clause 1 of this Article.

4. Procedures for consular visits and meetings:

a) Foreign diplomatic missions or consulates that request consular visits or meetings with stayers who are citizens of their country staying at an accommodation establishment shall send a written request to the Ministry of Foreign Affairs. Such request must state  the name of the requesting diplomatic mission or consulate; full name and citizenship of the stayer to be visited; the stayer’s accommodation establishment; full name, title, diplomatic or official identity card(s) of the visiting person(s); or the diplomatic passport or official passport indicating their position at the representative mission in cases where a diplomatic or official identity card has not yet been issued; full name, citizen’s identity card or identity card of the interpreter (if any); and proposed time of a consular meeting or visit.

b) Within 3 working days after receiving the request, the Ministry of Foreign Affairs shall notify the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located. Within 5 working days after receiving the notice, the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located shall issue a written reply to the Ministry of Foreign Affairs. Within 02 working days from the date of receipt of the written reply, the Ministry of Foreign Affairs shall notify the requesting foreign diplomatic mission or consulate to apply for a letter of introduction for a consular meeting or visit.

5. During a visit, a stayer may receive letters, money and articles, except those on the prohibited list according to the internal regulations of the accommodation establishment; the accommodation establishment shall check the articles before they are brought into the accommodation establishment. The management and use of money and articles of stayers must comply with Article 19 of this Decree.

6. Visitors shall strictly comply with Vietnam’s law, the rules of the visit rooms and the instructions of officers of accommodation establishments.

Article 19. Management of stayers’ personal belongings

Stayers who possess money, valuable papers, electronic payment cards, gold, silver, precious stones, precious metals, identity documents, residence documents, occupational certificates, diplomas, certificates, and other certificatory documents shall deposit such items at the accommodation establishment for management. In case a stayer wishes to transfer money, personal belongings, or personal effects to his/her relative or lawful representative and bears the associated expenses, the accommodation establishment shall be responsible for arranging such transfer or delivering them directly to the stayer's relative or lawful representative at the accommodation establishment.

Article 20. Medical examination and treatment regime for stayers

1. Sick and injured stayers are entitled to medical examination and treatment at the clinic of their accommodation establishment. In case a stayer suffers from a serious illness or injury beyond the treatment capacity of the medical unit of the accommodation establishment, he/she shall be referred to a basic-level or higher-level health establishment or a health establishment of the People's Public Security or the People's Army for treatment. Meals, medicines and other allowances for these stayers shall be prescribed by their health establishments depending on the types and severity of their diseases; the costs of ordinary medicines for stayers shall not exceed the value equivalent to 05 kg of medium-grade ordinary rice/person/month. In case a stayer requests being referred to a given health establishment, he/she shall obtain the permission of the head of the accommodation establishment and pay medical examination and treatment expenses on his/her own.

The accommodation establishment shall notify the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located of the stayer's treatment at a basic-level or higher health establishment or at a health establishment of the People's Public Security or the People's Army, so that such agency may notify the authorities prescribed in Clause 1 Article 12 of this Decree and the stayer's relatives or lawful representative residing in Vietnam (if any) for coordinated care and treatment.

Funding for medical examination and treatment for stayers at health establishments shall be provided by the State. If medical examination and treatment for a stayer require the use of high technology at a cost higher than the prescribed limit, the stayer shall pay the costs by himself/herself.

2. Female stayers, during pregnancy, are entitled to periodical or unscheduled prenatal checkups and medical care in cases of necessity. When a female stayer is due to give birth, the accommodation establishment shall take her to the nearest state-owned health establishment for giving birth, and provide necessary articles for the care of newborn babies equivalent to the 1-month food allowance for children under 36 months old as prescribed in Clause 4, Article 15 of this Decree. After a stayer gives birth, the accommodation establishment shall coordinate with the stayer and the competent authority in carrying out the birth registration procedures for her baby in accordance with Vietnam’s law. Funding for medical care for female stayers during pregnancy or giving birth at health establishments shall be provided by the State.

3. An accommodation establishment shall coordinate with the health establishment and the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located in managing its stayers during the period of medical examination and treatment and childbirth.

Article 21. Regimes for stayers’ children staying together with the stayers at accommodation establishments

1. Children under 16 years old who are children of stayers and stay together with the stayers at accommodation establishments shall be arranged a sleeping area in the same room with their parents at the accommodation establishments in accordance with the accommodation establishments’ practical conditions and the children’s age and gender characteristics. The children’s meals, clothes, accommodation, medical examination and treatment and burial (if the children die) regimes are the same as those for their parents and suitable to children under the provisions of Vietnam’s law. On International Children’s Day (June 1 of the solar calendar) and Mid-Autumn Festival, children of stayers are entitled to a meal allowance equal to twice that for ordinary days. Particularly for children under 36 months old, they are additionally entitled to milk and essential daily articles worth 50 kg of medium-grade ordinary rice per child. Based on a child’s age and its actual conditions, an accommodation establishment may swap the food allowance to suit a child’s nutritional needs or convert it into cash and put in the deposit of the child’s parent for use for the child’s care and nurture.

Children staying together with their father or mother at an accommodation establishment shall be provided with appropriate conditions for care, upbringing, daily activities, recreation, and education suitable to their age and the actual conditions of the accommodation establishment; and shall be ensured physical and mental development in accordance with the law on children and other relevant laws.

In case a child under 36 months of age staying at an accommodation establishment suffers from a serious illness or injury beyond the medical treatment capacity of the accommodation establishment’s clinic, the accommodation establishment shall carry out procedures to transfer the child to a State health establishment for treatment; The Head of the accommodation establishment shall decide whether the child's father or mother may accompany the child to provide care.

2. Children aged between full 14 years and under 16 years who stay together with their parents at an accommodation establishment but whose gender differs from their parents’ may be arranged to stay in a separate room.

Article 22. Settlement of cases of death of stayers or stayers’ children who stay together with the stayers at accommodation establishments

1. In case a stayer or a stayer’s child dies at an accommodation establishment, the accommodation establishment shall immediately notify the death to the criminal judgment execution agency of the provincial-level Department of Public Security, the investigation agency and the provincial-level People’s Procuracy of the locality where the accommodation establishment is located to identify the cause of the death. The criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located shall immediately notify the death in writing to the agencies specified in Clause 1, Article 13 of this Decree (in case the stayer is a foreigner who has completely served his/her imprisonment sentence, the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located shall notify the death to the Ministry of Foreign Affairs for notification to the diplomatic mission or consulate of the country of which such person is a citizen) and notify it to the stayer’s relative or lawful representative residing in Vietnam (if any) for coordinated settlement. After the competent Investigation Authority and the People's Procuracy have completed the determination of the cause of death, the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located shall organize the burial; the commune-level People’s Committee of the locality where the burial is carried out shall coordinate with the criminal judgment execution agency of the provincial-level Department of Public Security in carrying out the burial.  If a relative or lawful representative of the dead person requests the receipt of the dead person’s body for burial at their own expense, such request shall be settled according to Article 23 of this Decree.

2. Within 48 hours from the completion of the procedures specified in Clause 1 of this Article, if there is no request for receipt of the dead stayer’s body, the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located shall organize the burial; burial expenses shall be provided by the state budget, including expenses for buying a wooden coffin, 1 set of clothes, 4 m² of shroud, incense, candles, and sanitary alcohol, and other expenses equivalent to 100 kg of medium-grade ordinary rice.

Accommodation establishments shall carry out the procedures to declare the death for foreigners who die in Vietnam in accordance with law.

Article 23. Permission for receipt of bodies, remains or ashes of dead stayers or stayers’ dead children

1. In case a stayer dies or a child of a stayer staying with the stayer at an accommodation establishment dies and a relative or lawful representative of that person requests the receipt of the dead person’s body for burial, within 48 hours after completing the procedures specified in Clause 1, Article 22 of this Decree, such relative or lawful representative shall make a written request in Vietnamese or translated into Vietnamese according to Form No. 03 in the Appendix to this Decree and send it to the criminal judgment execution agency of the provincial-level Department of Public Security for consideration and decision.

2. Within 24 hours after receiving the request, the criminal judgment execution agency of the provincial-level Department of Public Security shall decide whether to permit or refuse the receipt of the dead person’s body and notify in writing its permission or refusal when having grounds to believe that the receipt thereof may affect security, order and environmental sanitation to the requester, the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located (for stayers serving the expulsion sentence and stayers subject to expulsion as an administrative sanction) and the agencies specified in Clause 1, Article 13 of this Decree.

3. Within 24 hours after notifying the permission for the receipt of the dead person’s body, the criminal judgment execution agency of the provincial-level Department of Public Security, the accommodation establishment and the requester shall proceed with the handover and receipt of the body, money, and lawful personal belongings (if any) of the dead stayer and make a written record thereof signed by the deliverer, the recipient and the witness; after this time limit, if the requester does not come to receive the dead person’s body, the responsible agencies shall organize the burial according to Article 22 of this Decree.

4. Requests for receipt of a dead person’s remains may only be settled after 3 years from the date of burial. In case of cremation, requests for receipt of the ashes may be settled after the completion of the cremation. A requester for receipt of remains or ashes shall make a written request according to Form No. 03 in the Appendix to this Decree and send it to the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the dead stayer was buried for consideration and decision.

Within 7 working days after receiving the request, the head of the criminal judgment execution agency of the provincial-level Department of Public Security shall decide whether to permit or refuse the receipt of the dead person’s remains or ashes and notify in writing his/her permission or refusal when having grounds to believe that the receipt thereof may affect security, order and environmental sanitation to the requester, the criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier and the court which has issued the judgment execution decision (for stayers serving the expulsion sentence) or the Immigration Department or the Director of the provincial-level Department of Public Security which has compiled the dossier of proposal on expulsion (for stayers subject to expulsion as an administrative sanction) and the agencies specified in Clause 1, Article 13 of this Decree.

5. The requester or the diplomatic mission or consulate of the country of which the dead person is a citizen or the representative office of the international organization where such person used to work shall be responsible for the preservation and transportation of the dead person’s body, remains or ashes in accordance with the law on medical disposal; environmental sanitation; prevention and control of infectious diseases, and cross-border medical quarantine, and other laws of Vietnam.

Article 24. Settlement of cases of escaping stayers

1. In case a stayer serving the expulsion sentence escapes, the provisions of Article 120 of the Law on Execution of Criminal Judgments shall apply.

2. In case a stayer being a foreigner who has completely served his/her imprisonment sentence and is staying at an accommodation establishment pending exit procedure clearance escapes, the accommodation establishment shall make a written record of the escape and immediately notify the escape to the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located for notifying the Ministry of Foreign Affairs to further notify the agencies, organizations and individuals specified in Clause 1, Article 13 of this Decree, and organize the search for the escapee.

3. In case a stayer subject to expulsion as an administrative sanction escapes, the accommodation establishment shall make a written record of the escape and immediately notify the escape to the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located for notifying the Immigration Department or the provincial-level Department of Public Security which has compiled the dossier of proposal on expulsion to coordinate in organizing the search for the escapee and dealing with relevant issues according to its competence.

Article 25. Settlement of requests for change of places of accommodation for stayers

1. If a stayer wishes and his/her relative or lawful representative having a lawful place of residence in Vietnam’s territory makes a request for the stayer to stay in such place, the stayer shall make a written request according to Form No. 04 while his/her relative or lawful representative shall make a written request according to Form No. 05 in the Appendix to this Decree; such request shall be written in Vietnamese or translated into Vietnamese, and sent to the criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier for consideration and decision.

In case the request for change of the place of stay is not approved, the criminal judgment execution agency of the provincial-level Department of Public Security shall reply in writing and clearly state the reasons.

2. Competent authorities shall not consider and settle requests for change of places of accommodation for the stayers specified at Points a, d, dd and e, Clause 5, Article 13 of the Decree No. 59/2026/ND-CP, prescribing the expulsion as a sanction and measures to temporarily detain persons and escort violators according to administrative procedures, and management of foreigners who violate Vietnam’s law pending completion of expulsion procedures; and Points b, d, dd and e, Clause 2, Article 119 of the Law on Execution of Criminal Judgments, or stayers who violate law and are investigated or searched for or requested in writing by Vietnamese or foreign authorities not to be released from their accommodation establishments.

3. Within 15 working days after receiving the request, the head of the agency specified in Clause 1 of this Article shall decide whether or not to permit the stayer to change his/her place of accommodation and notify in writing his/her decision to the requester; in case of permitting the change of the place of accommodation, he/she shall send a notice thereof to the accommodation establishment, the commune-level People’s Committee or Public Security agency of the locality where the stayer will come to stay and the agencies specified in Clause 1, Article 13 of this Decree. During the stay, if having grounds to believe that the stayer should stay at an accommodation establishment of the Ministry of Public Security, the criminal judgment execution agency of the provincial-level Department of Public Security shall decide to change the place of accommodation, ordering the stayer to return to stay at the accommodation establishment.

After getting the permission for the stayer to change the place of accommodation, his/her relative or lawful representative shall take the stayer to the commune-level People’s Committee or Public Security agency to report on the stayer’s arrival pending exit from Vietnam.

4. In case a stayer being a foreigner who has completely served his/her imprisonment sentence has to pay civil compensation and pay sums of money and hand over property according to the court’s ruling, he/she shall, in addition to making a written request, make a written commitment to compensate the above sums of money and property; at the same time, his/her relative or lawful representative shall, in addition to making a written request, carry out procedures to guarantee the fulfillment of civil compensation obligations and payment of money and handover of property on behalf of the stayer in accordance with the civil law in case the stayer fails to perform or fully perform his/her civil compensation obligations and pay sums of money and hand over property as committed, or escapes.

Article 26. Settlement of cases where stayers are unable to pay compensations and sums of money and hand over property under the court’s rulings

In case a stayer is unable to pay compensations or sums of money or hand over property according to the court’s ruling, this case shall be settled in accordance with the law on execution of civil judgments.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 27. Effect

1. This Decree takes effect from July 1, 2026.

2. The Government’s Decree No. 65/2020/ND-CP dated June 10, 2020 prescribing the organization of management of and regimes for stayers at accommodation establishments pending exit from Vietnam shall cease to have effect from the effective date of this Decree.

Article 28. Transitional provisions

1. The organization of management of and implementation of regimes for stayers at accommodation establishments prior to the effective date of this Decree shall continue to be carried out in accordance with the Government’s Decree No. 65/2020/ND-CP dated June 10, 2020 prescribing the organization of management of and regimes for stayers at accommodation establishments pending exit from Vietnam and the Joint Circular No. 07/2011/TTLT-BCA-BQP-BNG dated November 16, 2011 of the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Foreign Affairs guiding the execution of the expulsion sentence.

2. From the effective date of this Decree, the provisions of this Decree shall apply to settle the cases that are being settled according to the Government’s Decree No. 65/2020/ND-CP dated June 10, 2020 prescribing the organization of management of and regimes for stayers at accommodation establishments pending exit from Vietnam and the Joint Circular No. 07/2011/TTLT-BCA-BQP-BNG dated November 16, 2011 of the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Foreign Affairs guiding the execution of the expulsion sentence.

Article 29. Responsibility for implementation

1. The Minister of Public Security shall organize, guide, inspect and urge the implementation of this Decree, direct the Public Security units and local Public Security agencies to manage, and implement regimes for, stayers at the accommodation establishments; hand over stayers upon request; at the same time coordinate with related agencies in guaranteeing the rights and obligations of stayers.

2. The ministers, the heads of ministerial-level agencies, the relevant agencies, organizations and individuals, and the chairpersons of the People's Committees of centrally affiliated cities and provinces are responsible for the implementation of this Decree.

* All Appendices are not translated herein.