Decree 59/2026/ND-CP expulsion sanction, temporary custody, escort, and management of foreigners violating Vietnamese law

DECREE

Providing the expulsion sanction, measure of holding persons in temporary custody, escort of violators according to administrative procedures and management of foreigners who violate Vietnamese law pending the completion of expulsion procedures

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

Pursuant to the Law on Domestic Violence Prevention and Control No. 13/2022/QH15;

Pursuant to the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam No. 47/2014/QH13, amended and supplemented under Law No. 51/2019/QH14 and Law No. 23/2023/QH15;

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

At the proposal of the Minister of Public Security;

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides regulations on:

1. Subjects of application and procedures for application of expulsion; rights and obligations of persons subject to expulsion; measures for management of foreigners violating the Vietnamese law pending the completion of expulsion procedures; and responsibilities of agencies and organizations executing expulsion.

2. Subjects of application and procedures for holding of persons in temporary custody and escort of violators under administrative procedures; cases of application of the measures of holding of persons in temporary custody and escort of violators under administrative procedures; rights and obligations of persons subject to the measures of holding of persons in temporary custody and escort of violators under administrative procedures.

3. Other provisions related to the application of expulsion and the measures of holding of persons in temporary custody and escort of violators under administrative procedures.

Article 2. Subjects of application

This Decree applies to:

1. Persons committing administrative violations who are subject to holding of persons in temporary custody under administrative procedures.

2. Persons committing administrative violations who are subject to escort.

3. Foreigners committing violations of Vietnamese law who, in accordance with the law on handling of administrative violations, are subject to expulsion.

4. Persons competent to apply expulsion; persons competent to impose holding of persons in temporary custody under administrative procedures; competent persons who, while performing official duties, carry out escort of violators in accordance with regulations.

5. Other agencies, units and organizations related to the application of expulsion, holding of persons in temporary custody, escort of violators, and management of foreigners violating the Vietnamese law pending the completion of expulsion procedures.

Article 3. Principles of application

1. The holding of persons in temporary custody, escort of violators under administrative procedures, and application of the sanction of expulsion must ensure strict compliance with the correct principles, correct subjects, correct procedures, competence and time limits as prescribed in the Law on Handling of Administrative Violations, this Decree, and other relevant laws.

2. Any act infringing upon the life, health, honor, dignity, or property of persons subject to holding of persons in temporary custody, escort of violators under administrative procedures, and persons subject to the sanction of expulsion is strictly prohibited. Gender equality and the lawful rights and interests of women and children must be ensured.

3. Procedures for application of the sanction of expulsion, the measures of holding of persons in temporary custody, escort of violators under administrative procedures, and management of foreigners violating the Vietnamese law pending the completion of expulsion procedures in the electronic environment shall comply with Article 18a of the Law on Handling of Administrative Violations and Articles 28a and 28b of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations, as amended and supplemented under the Government’s Decree No. 68/2025/ND-CP dated March 18, 2025, and the Government’s Decree No. 190/2025/ND-CP dated July 01, 2025.

Article 4. Funding assurance

1. Funding for assurance of the application of expulsion, management of foreigners violating the Vietnamese law pending the completion of expulsion procedures, and application of the measures of holding of persons in temporary custody and escort of violators under administrative procedures includes:

a) Expenditures for investment in, construction, repair and upgrading of accommodation facilities managed by the Ministry of Public Security and places of temporary custody;

b) Expenditures for procurement of equipment, means, weapons, support tools and other conditions serving the application of expulsion, management of foreigners violating the Vietnamese law pending the completion of expulsion procedures, and application of the measures of holding of persons in temporary custody and escort of violators under administrative procedures;

c) Expenditures for meals, medical examination and treatment for persons subject to holding of persons in temporary custody; expenses for funeral organization in case where persons under management, temporary custody, or escort die during the period of management, temporary custody, or escort, where such persons or their families are unable to cover the expenses;

d) Expenditures for meals and accommodation at accommodation facilities designated by the Ministry of Public Security for foreigners violating Vietnamese law pending the completion of expulsion procedures, in case were such violators are unable to cover the expenses;

dd) Expenditures for preparation of dossiers requesting application of expulsion; management of foreigners pending the completion of expulsion procedures; pursuit of expellees who abscond; and execution of decisions on imposition of expulsion;

e) Other expenditures serving the application of expulsion, management of foreigners violating the Vietnamese law pending the completion of expulsion procedures, and application of the measures of holding of persons in temporary custody and escort of violators under administrative procedures.

2. Funding for assurance of the application of the measures of holding of persons in temporary custody, escort of violators under administrative procedures, and application of expulsion and management of foreigners violating the Vietnamese law pending the completion of expulsion procedures shall be provided by the state budget. The formulation of estimates, management, use and final settlement of funding from the state budget shall comply with the Law on the State Budget and relevant legal documents.

Chapter II

EXPULSION AND MANAGEMENT OF FOREIGNERS VIOLATING VIETNAMESE LAW PENDING THE COMPLETION OF EXPULSION PROCEDURES

Article 5. Subjects subject to the sanction of expulsion

Individuals who are foreigners committing administrative violations within the territory, contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; on board aircraft bearing Vietnamese nationality or seagoing vessels flying the Vietnamese national flag shall be subject to the sanction of expulsion in accordance with the Law on Handling of Administrative Violations and Decrees of the Government providing for sanctions for administrative violations in various sectors.

Article 6. Competence to apply the sanction of expulsion

Persons competent to apply the sanction of expulsion shall comply with Clause 6, Point dd Clause 7, and Clause 9, Article 8 of the Government's Decree No. 189/2025/ND-CP dated July 01, 2025, detailing the Law on Handling of Administrative Violations regarding competence to sanction administrative violations.

Article 7. Rights and obligations of persons subject to the sanction of expulsion

1. Persons subject to the sanction of expulsion have the following rights:

a) To be informed of the reasons for expulsion and to receive the decision on sanctioning of administrative violation that applies the expulsion sanction (hereinafter collectively referred to as the decision on expulsion) at least 48 hours before enforcement;

b) To contact and notify the diplomatic mission or consular office of the country of which they are citizens;

c) To request an interpreter when working with competent agencies or persons;

d) To request competent authorities to review the decision on expulsion in accordance with law;

dd) To be entitled to the regimes prescribed in 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 the country;

e) To carry their lawful property out of the territory of Vietnam;

g) To lodge complaints or denunciations in accordance with law.

2. Obligations of expellees:

a) To fully comply with the contents stated in the decision on expulsion, except for the case prescribed in Clause 4, Article 10 of this Decree;

b) To present identification papers upon request of the immigration agency;

c) To comply with the laws of Vietnam and be subject to management by public security agencies pending the completion of expulsion procedures;

d) To promptly and fully fulfill civil, administrative, economic and other obligations as prescribed by law (if any);

dd) To complete necessary procedures to leave the territory of Vietnam within the time limit stated in the decision on expulsion.

Article 8. Order and dossiers of request for application of the expulsion sanction

1. Order for requesting application of the sanction of expulsion:

a) An official on duty who detects that a foreigner commits an act of violation of law falling into a case subject to the sanction of expulsion shall make a written record of administrative violation in accordance with Clauses 1, 2, 3, 4, 5, 6, 7 and 8, Article 12 of Decree No. 118/2021/ND-CP, as amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP, and the Decrees providing for sanctioning of administrative violations in relevant sectors;

b) Within the time limit prescribed in Clause 9 Article 12 of Decree No. 118/2021/ND-CP, as amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP, the person who makes the written record of administrative violation shall send the documents related to the violation case to the immigration agency of the provincial-level Public Security where the violation occurs for compilation of the dossier requesting application of the sanction of expulsion. For violations detected by central-level agencies or professional units under the Ministry of Public Security, the documents related to the violation case shall be sent to the Immigration Department of the Ministry of Public Security for compilation of the dossier requesting application of the sanction of expulsion;

c) Within 03 working days from the date of receipt of the documents related to the violation case, the immigration agency of the provincial-level Public Security or the professional division under the Immigration Department shall examine the documents related to the violation case. If the conditions for application of the sanction of expulsion are not satisfied, it shall immediately notify the violation-detecting agency; if the conditions for application of the sanction of expulsion are satisfied, it shall complete the dossier of request for application of the expulsion sanction in accordance with Clause 2 of this Article.

2. A dossier of request for application of the expulsion sanction must comprise:

a) A summary of the personal details and the violation act of the person proposed for application of the expulsion sanction;

b) The written record on the administrative violation of the person proposed for application of the expulsion sanction;

c) Documents and evidences of the act of administrative violation;

d) Documents on the administrative sanctions already applied (for repeated violations or recidivism);

dd) A written request for application of the expulsion sanction, clearly stating whether the sanction of expulsion is the principal sanction or an additional sanction in the case prescribed at Point b Clause 1 Article 9 of this Decree.

Article 9. Decision on expulsion

1. Within 02 working days from the date of completion of the dossiers of request for application of the expulsion sanction, the immigration agency of the provincial-level Public Security or the professional division under the Immigration Department of the Ministry of Public Security shall proceed as follows:

a) In case where the violation falls within the sanctioning competence of the Head of the Immigration Division under the provincial-level Public Security, the above-mentioned competent person shall issue the decision on expulsion;

b) In case where the violation falls within the sanctioning competence of the Director of the provincial-level Public Security, the immigration agency of the provincial-level Public Security shall report to the Director of the provincial-level Public Security for consideration and issuance of the decision on expulsion against the foreigner committing the administrative violation. In case where the violation falls within the sanctioning competence of the Director of the Immigration Department, the professional division under the Immigration Department shall report to the Director of the Immigration Department for consideration and issuance of the decision on expulsion against the foreigner committing the administrative violation.

2. The decision on expulsion shall be made according to Decision Form No. 02 promulgated together with Decree No. 118/2021/ND-CP, as amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

3. The decision on expulsion shall be sent to the expellee and relevant agencies and individuals for execution, and shall be notified at least 48 hours prior to enforcement to the Ministry of Foreign Affairs of Vietnam, the consular office, or the diplomatic mission of the country of which the expellee is a citizen or of the country where such person last resided before coming to Vietnam, in accordance with Article 84 of the Law on Handling of Administrative Violations.

Article 10. Execution of decisions on expulsion

1. Public security agencies and persons competent to apply the sanction of expulsion shall be responsible for organizing the execution of the decision on expulsion.

2. The sending of the decision on expulsion shall comply with Article 70 of the Law on Handling of Administrative Violations and Article 17a of Decree No. 118/2021/ND-CP, as amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

3. Foreigners subject to the expulsion sanction shall abide by the sanction decisions as prescribed in Clause 1 Article 73 of the Law on Handling of Administrative Violations.

4. In case where the decision on sanctioning of an administrative violation provides for a principal sanction of a monetary fine and an additional sanction of expulsion, the procedures for organizing the execution of the decision on expulsion must be carried out in accordance with the Law on Handling of Administrative Violations and Decree No. 118/2021/ND-CP, as amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP. When carrying out procedures of enforcement of execution of the decision on sanctioning of administrative violations in accordance with regulations, if the violator has no property or lacks financial capacity to execute the monetary fine specified in the sanctioning decision and it is necessary to meet requirements for assurance of national security, social order and safety, the sanction of expulsion may be executed immediately and the enforcement shall be terminated after completion of the execution of the sanction of expulsion.

Article 11. Postponement of the execution of decisions on expulsion

1. The postponement of the execution of a decision on expulsion may be applied in the following cases:

a) The violator has a serious illness, requiring emergency treatment, or is undergoing medical treatment and is unable to execute the decision on expulsion, as certified by a medical examination and treatment establishment of at least basic level;

b) The violator has to perform civil, administrative and economic obligations as prescribed by law, except for the case prescribed in Clause 4 Article 10 of this Decree;

c) The expellee is concurrently an accused person or a party in a case under investigation by an investigation agency;

d) In cases of epidemic, natural disaster, war, or where the receiving country has not agreed to grant entry.

2. The person competent to issue the decision on expulsion shall have the competence to decide on postponement of execution of such decision.

3. When the postponement conditions end, the decision on expulsion shall continue to be executed.

Article 12. Dossiers for application of the expulsion sanction

1. A dossier for application of the expulsion sanction must comprise:

a) Decision on expulsion;

b) The dossier of request for application of the expulsion sanction as specified in Clause 2 Article 8 of this Decree;

c) A copy of the passport or another personal identification paper in substitution of the passport of the expellee (if any);

d) Papers certifying that other obligations have been fulfilled (if any);

dd) Other relevant documents.

2. The immigration agency of the provincial-level Public Security Department or the professional division of the Immigration Department of the Ministry of Public Security shall compile a dossier for application of the expulsion sanction under Clause 1 of this Article, and follow the regulations of the Minister of Public Security on professional dossier work of the People’s Public Security Forces.

Article 13. Management of foreigners who violate Vietnamese law pending the completion of expulsion procedures

1. Where it is necessary to apply the measure of management of foreigners violating the Vietnamese law pending the completion of expulsion procedures in accordance with Clause 1 Article 130 of the Law on Handling of Administrative Violations, the person competent to apply the sanction of expulsion as prescribed in Article 6 of this Decree shall decide on the application of the measure to manage the foreigner pending the completion of expulsion procedures.

2. Foreigners who violate Vietnamese law pending the completion of expulsion procedures shall be subject to management measures in the following cases:

a) When there are grounds to believe that, unless necessary management measures are taken, they may evade or hinder the execution of the expulsion decision;

b) To prevent them from committing other illegal acts.

3. Measures to manage foreigners who violate Vietnamese law pending the completion of expulsion procedures include:

a) To restrict their movement;

b) To designate places of residence for them;

c) To temporarily seize their passports or other personal identification papers in substitution of their passports.

4. A decision on application of the measure to manage a foreigner who violates Vietnamese law pending the completion of expulsion procedures shall include the following principal contents:

a) Number of the decision; place, hour, minute, date, month and year of issuance of the decision;

b) Full name, rank, position, and agency or unit of the decision issuer;

c) Full name, date of birth, citizenship, occupation, number of passport or passport substitution paper of the person subject to management measures (if any);

d) Management measure (specify the measure);

dd) Effect of the decision; time limit for application of the decision;

e) Scope and location of the movement restriction (for the measure of restriction of movement of the managed person);

g) Designated place of residence of the person subject to the management measure (for the measure of restriction of movement of the managed person);

h) Reasons for temporary seizure of the passport or another personal identification paper in substitution for passport (for the measure of temporary seizure of the passport or other identification documents in substitution for passport of the managed person);

i) Full name, signature and seal of the decision issuer's agency;

k) The agency responsible for organizing the execution of the decision.

5. In case of application of the measure of designation of the place of residence of the managed person, the foreigner violating Vietnamese law pending the completion of expulsion procedures shall be designated to stay at an accommodation facility managed by the Ministry of Public Security or another accommodation facility designated by the Ministry of Public Security. The measure of designation of the place of residence of the managed person shall be applied in the following cases where the foreigner violating Vietnamese law pending the completion of expulsion procedures:

a) Foreigner has no passport or documents in substitution for passport, and does not yet meet the necessary conditions for carrying out expulsion;

b) Foreigner has no place of residence or his/her permitted residence period has expired;

c) Foreigner falls into one of the cases specified in Clause 2 of this Article or fails to comply with management and supervision measures of competent agencies;

d) Foreigner commits illegal acts or there are grounds to believe that foreigner may commit illegal acts pending exit;

dd) Foreigner commits an act of absconding or preparing to abscond or other acts that obstruct the execution of the expulsion decision;

e) Foreigner suffers an infectious disease prescribed in the law on prevention and control of infectious diseases, requiring medical isolation;

g) Foreigner suffers a mental illness or another disease that causes loss of cognitive ability or ability to control behaviors;

h) Foreigners voluntarily requests for stay at an accommodation facility.

6. It is prohibited to use houses or rooms for holding persons in temporary custody according to administrative procedures, criminal temporary custody houses, detention camps or prisons to manage foreigners who violate Vietnamese law pending the completion of expulsion procedures.

7. Upon designation of the place of residence of the managed person, the person competent as prescribed in Clause 1 of this Article shall send to the accommodation facility a copy of the dossier of the managed person, including the decision on application of the measure to manage the foreigner violating Vietnamese law pending the completion of expulsion procedures, and a summary of the personal details and the violation act of the person proposed for application of the management.

Article 14. Regimes applicable to foreigners who violate Vietnamese law pending the completion of expulsion procedures

1. The regimes applicable to foreigners subject to the sanction of expulsion pending the completion of expulsion procedures shall be implemented in accordance with Chapter II of Decree No. 65/2020/ND-CP.

2. Expenditures for regimes applicable to persons staying at accommodation facilities shall be implemented in accordance with Decree No. 65/2020/ND-CP.

Article 15. Responsibilities of the immigration agencies of the Ministry of Public Security and local public security departments

1. Responsibilities of the Immigration Department of the Ministry of Public Security:

a) To compile dossiers for execution of the decision on application of the expulsion sanction, each comprising: the decision on application of the expulsion sanction; a copy of the passport or a copy of another identification paper in substitution for the passport of the expellee; papers certifying that other obligations have been fulfilled (if any); and other relevant documents;

b) To send the decision on expulsion as prescribed in Claus 2 Article 10 of this Decree, the decision on postponement of the execution of the decision on expulsion and the decision on application of measures to manage foreigners who violate Vietnamese law pending the completion of expulsion procedures within 03 working days to the Ministry of Foreign Affairs for notification to the diplomatic mission or consular office of the country of which the expellee is a citizen and, at the same time, send a copy of the decision to the expellee for compliance;

c) To collect and receive necessary information and documents for organizing the execution of the decision on expulsion;

d) To coordinate with related agencies to ensure the exercise of the rights and performance of the obligations of the expellee;

dd) To organize the expulsion according to the decision.

2. Responsibilities of local public security departments which compile dossiers of request for application of the expulsion sanction:

a) To compile dossiers for execution of the expulsion decision in accordance with Point a Clause 1 of this Article;

b) To collect and receive necessary information and documents for organizing the execution of the decision on application of the expulsion sanction;

c) To manage the expellees pending the compilation of the dossiers of request for application of the expulsion sanction according to Article 13 of this Decree;

d) To hand over the expellees to the immigration agency upon request;

dd) To coordinate with the immigration agency and border-gate management agencies in executing the decision on expulsion;

e) To coordinate with related agencies to ensure the exercise of the rights and performance of the obligations of the expellee.

Chapter III

HOLDING OF PERSONS IN TEMPORARY CUSTODY ACCORDING TO ADMINISTRATIVE PROCEDURES

Article 16. Holding of persons in temporary custody according to administrative procedures

The holding of persons in temporary custody according to administrative procedures may only be applied in the following cases:

1. It is necessary to immediately prevent or stop acts of disrupting public order and inflicting injury to other persons.

2. It is necessary to immediately prevent or stop the acts of smuggling and illegally transporting goods across the border.

3. To execute decisions on consignment to reformatory, compulsory education institution or compulsory drug addiction treatment establishment.

4. Persons committing acts of domestic violence violate the decision on contact ban according to the law on domestic violence prevention and control.

5. To determine the state of drug addiction for illegal drug users.

Article 17. Competence to hold persons in temporary custody according to administrative procedures

In the cases specified in Article 16 of this Decree, the persons competent to decide on the holding of persons in temporary custody according to administrative procedures are those defined in Article 123 of the Law on Handling of Administrative Violations.

Article 18. Time limit for holding persons in temporary custody according to administrative procedures

1. The time limit for holding persons in temporary custody according to administrative procedures must comply with Clause 3 Article 122 of the Law on Handling of Administrative Violations.

2. The time limit for holding persons in temporary custody according to administrative procedures shall be specified in the decisions on holding of persons in temporary custody according to administrative procedures issued by the persons competent to issue decisions on holding of persons in temporary custody according to administrative procedures.

Article 19. Handover and receipt of persons committing administrative violations

1. Persons competent to hold persons in temporary custody according to administrative procedures shall make written records on handover and receipt of persons committing administrative violations with organizations or individuals escorting such persons or assigning officers on duty to make records of handover of persons committing administrative violations, using the Record Form No. 22 to Decree No. 118/2021/ND-CP, as amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

2. Immediately after making a written record on handover of a person committing an administrative violation, if deeming it necessary to hold the violator in temporary custody according to administrative procedures, the person competent to issue decisions on temporary custody according to administrative procedures shall immediately issue such a decision.

In case of having insufficient grounds or deeming it unnecessary to apply the measure of holding in temporary custody according to administrative procedures, the person competent to hold persons in temporary custody according to administrative procedures shall immediately release the concerned person and return his/her personal belongings and property, means and papers (if any) to him/her if these personal belongings, property and papers are not subject to the application of the measure of temporary seizure of material evidences and means of administrative violations.

3. The written record on handover and receipt of a person committing an administrative violation shall be made in 2 copies and read aloud to all persons expected to sign it, with each copy handed over to the receiving party and the handing party.

Article 20. Decision on holding of persons in temporary custody according to administrative procedures

1. In case there are sufficient grounds for holding persons in temporary custody according to administrative procedures as prescribed in Article 16 of this Decree and it is deemed necessary to apply the measure of holding persons in temporary custody according to administrative procedures to the person who has committed an illegal act, the person competent to hold persons in temporary custody according to administrative procedures shall immediately issue a decision on holding such person in temporary custody.

2. The decision on holding persons in temporary custody according to administrative procedures shall be made according to Decision Form No. 18 promulgated together with Decree No. 118/2021/ND-CP, as amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

3. When there are grounds to believe that the illegal act of the person held in temporary custody according to administrative procedures has signs of crime, the person who issues the temporary custody decision shall immediately transfer the dossier related to the act showing signs of a criminal offense and the person subject to temporary custody to the competent agency for conducting criminal proceedings for handling in accordance with Article 62 of the Law on Handling of Administrative Violations.

4. In all cases, the holding of persons in temporary custody according to administrative procedures shall be decided in writing by a competent person. It is prohibited to hold persons without a written decision.

Article 21. Prolongation of the temporary custody period

1. In case it is necessary to prolong the temporary custody period as prescribed in Clause 3 Article 122 of the Law on Handling of Administrative Violations, before the expiration of the period of temporary custody according to administrative procedures stated in the decision, the person competent to hold persons in temporary custody shall issue a decision on prolongation of the temporary custody period.

2. The decision on prolongation of the temporary custody period shall be made according to Decision Form No. 19 promulgated together with Decree No. 118/2021/ND-CP, as amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

3. The decision on prolongation of the temporary custody period shall be made in two copies, one to be handed over to the person held in temporary custody and the other to be kept in the temporary custody dossier.

Article 22. Cancellation of application of the measure to hold persons in temporary custody according to administrative procedures

1. The application of the measure of holding persons in temporary custody according to administrative procedures may be cancelled when:

a) The person held in temporary custody suffers a disease specified at Point c Clause 1 Article 29 of this Decree;

b) There are grounds to believe that the illegal act of the person held in temporary custody according to administrative procedures has signs of crime;

c) The grounds for temporary custody according to administrative procedures have ended but the temporary custody period stated in the temporary custody decision has not yet expired.

2. Persons competent to issue temporary custody decisions shall issue decisions to cancel the application of temporary custody according to administrative procedures to persons held in temporary custody. The decision on cancellation of the application of the measure of temporary custody according to administrative procedures shall be made in two copies, one to be handed over to the person held in temporary custody and the other to be kept in the temporary custody dossier.

3. The decision on cancellation of the application of the measure of temporary custody according to administrative procedures shall be made according to Decision Form No. 29 promulgated together with Decree No. 118/2021/ND-CP, as amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

4. The decision on cancellation of the application of the measure of temporary custody according to administrative procedures shall be recorded in the register for monitoring persons held in administrative temporary custody with the signature of the person against whom the temporary custody measure has been canceled. In case the person against whom the temporary custody measure is cancelled refuses to sign for certification, the person who has issued the cancellation decision shall make a written record or assign the person who is directly performing the task of temporary custody according to administrative procedures to make a written record clearly stating the reason therefor. The record must bear the signatures of the witness (if any), the person making the record and the person issuing the cancellation decision.

5. The person who issues the decision on cancellation of the application of the temporary custody measure shall forward the dossier and hand over the person held in temporary custody together the material evidences and means used in violation commission (if any) to a competent criminal procedure-conducting agency for settlement in accordance with law, for the case specified at Point b Clause 1 of this Article.

Article 23. Places for temporary custody

1. Places for temporary custody of persons according to administrative procedures are specified in Clauses 5 and 6 Article 122 of the Law on Handling of Administrative Violations.

2. An administrative custody house or room must be solidly designed and constructed; must have external door lock; be lit, air-ventilated and hygiene; ensure conditions for management and fire prevention and fighting safety; and be convenient for supervision and guard. Persons held in temporary custody overnight shall be provided with beds, mats, blankets and nets; the minimum sleeping space per person is 2m².

3. Children subject to holding of persons in temporary custody shall be detained in separate custody rooms, separated from adults.

Article 24. Notification of temporary custody decisions

1. The notification of decisions to hold persons in temporary custody must comply with Clause 4 Article 122 of the Law on Handling of Administrative Violations. In case of failure to notify, it shall be informed to the person held in temporary custody according to administrative procedures and the reason therefor shall be written in the register for monitoring persons held in administrative custody.

2. In case the person held in temporary custody according to administrative procedures is a foreigner, the person who issues the temporary custody decision shall immediately report it to the head of the superior competent agency for immediately sending to the Ministry of Foreign Affairs for further notification to the consular office or diplomatic mission of the country of which the foreigner is a citizen and, at the same time, for coordination with the Ministry of Foreign Affairs in making arrangements for a representative of the consular office or diplomatic mission of that country to pay consular visits, if so requested, and coordination in handling other relevant external affairs.

Article 25. Receipt of persons held in temporary custody according to administrative procedures

When receiving a person held in temporary custody according to administrative procedures, the officer assigned to receive and manage such person shall:

1. Check and collate the temporary custody decision against the person held in administrative custody.

2. Check and record the health status of the person held in temporary custody according to administrative procedures.

3. Inspect the personal belongings which the person held in temporary custody are allowed to carry; inform the rights and obligations of persons held in temporary custody; regulations of the temporary custody place and other relevant regulations.

4. Record the register for monitoring persons held in temporary custody according to administrative procedures.

Article 26. Management of persons held in temporary custody according to administrative procedures

1. A person assigned to manage a person held in temporary custody according to administrative procedures shall be responsible for regularly supervising, protecting and strictly managing the person held in temporary custody, ensuring security, safety and order at the place of temporary custody, and preventing such person from absconding or inflicting self-injury.

2. Where it is detected that the person held in temporary custody has injuries or shows abnormal psychological, health or behavioral manifestations, the person assigned to management duties must make a record of the condition of the person held in temporary custody and promptly report to the person competent to issue the decision on temporary custody or the head of the custody facility in order to timely organize medical examination and treatment and adopt appropriate handling measures.

3. In case of detecting circumstances related to the violation case or detecting that a person held in temporary custody is hiding weapons, explosives, support tools, material evidences and means used in violation commission, to make a written record on the detection of relevant circumstances and a written record on the seizure of such weapons, explosives, support tools, material evidences and means used in administrative violation.

4. Personal belongings and property of persons held in temporary custody shall be deposited at the place of temporary custody. The handover and receipt of the personal belongings and property for deposit shall be fully and specifically recorded in the register for monitoring persons held in temporary custody according to administrative procedures and certified by the persons held in temporary custody.

5. In case the deposited personal belongings and property of a person are in large quantities or of a great value, the officer assigned to manage them shall make a written record on the deposit of personal belongings and property, which must fully and specifically describe the quantity, type, code, form and conditions of the objects and other relevant matters. The record on property deposit shall be made in 2 copies, signed by the person held in temporary custody and the person receiving the property for preservation, with 1 copy handed over to each party.

6. When the period of temporary custody expires or the person held in temporary custody according to administrative procedures moves to another place, the person held in temporary custody may receive back all of the deposited personal belongings and property. In case of detecting any lost or damaged personal belongings or property deposited, the person held in temporary custody has the right to request the agency holding him/her in temporary custody to pay compensation in accordance with law.

Article 27. Rights and obligations of persons held in temporary custody

1. Persons held in temporary custody have the following rights:

a) To be informed of the application of the measure of temporary custody according to administrative procedures;

b) To be informed of the reason for being held in temporary custody, the period of custody, and the place of temporary custody; to lodge complaints about his/her custody;

c) To request the person who has issued the decision on temporary custody according to administrative procedures to notify the decision to his/her family or organization where he/she works or studies according to Clause 1 Article 24 of this Decree;

d) To contact and have access to a lawyer or a person providing legal aid;

dd) To be entitled to the food and drink regime specified in Article 28 of this Decree;

e) To receive medical treatment and care when suffering a disease specified in Article 29 of this Decree.

2. Persons held in temporary custody have the following obligations:

a) To strictly abide by their temporary custody decisions, and the rules and regulations of the places of temporary custody according to administrative procedures;

b) To comply with requests and orders of the persons issuing the temporary custody decisions and the persons assigned to manage and protect the temporary custody places;

c) Not to bring into the places of temporary custody weapons, explosives, support tools, means, electronic devices with the transceiver function, harmful and toxic cultural products, alcohol, beer and other addictive substances or items that may affect order and safety of the places of temporary custody.

Article 28. The food and drink regime for persons held in temporary custody

1. In case a person held in temporary custody or his/her family cannot afford, the agency or unit of the person competent to issue the decision on holding him/her in temporary custody according to administrative procedures shall ensure the food and drink regime for him/her according to the standard amounts of 0.6 kg of ordinary rice; 0.2 kg of pork; 0.5 kg of vegetables and 2 liter of boiled drinking water per person per day; and fish sauce, salt, other seasonings and fuel in suitable amounts. This regime shall be funded by the state budget and converted into monetary value according to current market prices in each locality.

2. The regimes for persons held in temporary custody on public holidays and New Year festivals are as follows:

a) During the Lunar New Year festivals, persons held in temporary custody shall be provided with additional food but the total of food amounts must not exceed 5 times the standard rates for ordinary days;

b) On the solar New Year day and public holidays, persons held in temporary custody shall be provided with additional food but the total of food amounts must not exceed 3 times the standard rates for ordinary days;

c) The agency in charge of temporary custody may decide to change the amounts of food prescribed above to suit the reality and tastes of the persons held in temporary custody to ensure that they can consume all their food provided according to the prescribed standard amounts.

3. Agencies and units that have the function of holding persons in temporary custody according to administrative procedures shall open records to monitor the management, use and finalization of funds for the food and drink regimes of persons held in temporary custody in accordance with law.

Article 29. Handling of cases where a person held in temporary custody falling sick or dying during the temporary custody period

1. Handling of persons held in temporary custody according to administrative procedures who fall sick:

a) If falling sick during the temporary custody period, persons held in temporary custody according to administrative procedures shall be treated right at the places of temporary custody;

b) In case persons held in temporary custody according to administrative procedures fall sick, requiring emergency medical treatment, the agency, unit and person directly managing them shall take them to the nearest health establishment for treatment, and immediately notify it to their families or relatives for taking care of them;

c) In case the family or relative of the person held in temporary custody makes a written request for taking him/her home for care and the person competent to hold persons in temporary custody considers it unnecessary to continue the temporary custody, such competent person may decide to cancel the temporary custody under Article 22 of this Decree;

d) In case the person held in temporary custody does not have a place of residence or his/her family or relative is far away and cannot come to take care of him/her in time, the agency or unit in charge of his/her temporary custody shall be responsible for directly taking care of such person.

2. Handling of persons held in temporary custody according to administrative procedures who die during the temporary custody period:

a) In case a person held in temporary custody according to administrative procedures dies during the temporary custody period, the person who issues the temporary custody decision shall immediately notify the competent investigation agency or procuracy for settlement in accordance with law and, at the same time, make a written record of the death, protect the scene and immediately notify it to the family or relative of the deceased; the family of the person held in temporary custody shall be responsible for the burial of the deceased;

b) In case the person held in temporary custody according to administrative procedures dies without a family or relative, the agency or unit in charge of his/her temporary custody and the local administration of the place of temporary custody shall organize the burial; burial expenses in this case shall be covered by the state budget in accordance with law;

c) In case the deceased is a foreigner, the person issuing decisions on holding persons in temporary custody according to administrative procedures shall immediately report it to the superior competent agency for prompt notification to the Ministry of Foreign Affairs or a competent state agency, and coordinate with the consular office or diplomatic mission of the country of which the person held in temporary custody is a citizen for settlement.

3. A written record on the death of a person held in temporary custody according to administrative procedures during the custody period must have the following principal details:

a) Full name and date of birth of the person held in temporary custody;

b) Personal identification number, passport number of relevant personal papers;

c) Place of temporary custody;

d) The health status of the person held in temporary custody upon receipt;

dd) The process of handling the person held in temporary custody from the time of receipt to his/her death;

e) The reason for the death of the person held in temporary custody.

Chapter IV

ESCORT OF PERSONS ACCORDING TO ADMINISTRATIVE PROCEDURES

Article 30. Escort of violators

1. Violators who do not voluntarily comply with requests of competent persons without objective obstacles or force majeure circumstances shall be escorted in the following cases:

a) Being held in custody according to administrative procedures;

b) Being consigned or returned to reformatory, compulsory education institution, compulsory drug addiction treatment establishment according to Article 124 of the Law on Handling of Administrative Violations.

2. Competent persons on official duty defined in Article 31 of this Decree shall escort violators.

Article 31. Performance of escort

The following persons on official duty shall escort violators according to administrative procedures:

1. Competent persons on official duty of the People’s Public Security Forces, Border Guard, Coast Guard, Customs, Forest Rangers, tax offices, market surveillance agencies, inspection agencies, and civil judgment enforcement agencies, Fisheries Resources Surveillance Force, seaport authorities, airport authorities, and waterway port authorities.

2. Other competent persons on official duty as prescribed in the Law on Handling of Administrative Violations and other relevant legal documents.

Article 32. Procedures for escort of violators

1. Before escorting a violator, the person on official duty performing the escort shall inform the person being escorted of his/her rights and obligations during the escort in accordance with law, and answer the latter’s inquiries.

2. During escort, safety shall be ensured for the person on official duty performing the escorting task and for the person being escorted. The use of weapons and support tools when applying the escort measure shall comply with the law on management and use of weapons, explosive materials and support tools.

3. Persons on official duty performing the escorting task shall closely supervise and manage the escorted persons, be vigilant, proactively and promptly handle complicated situations arising during escort; and may not arbitrarily deal with requests of the escorted persons during the escort.

Article 33. Handover and receipt of escorted persons

1. The handover of escorted persons shall be recorded in writing, using the Form No. 22 promulgated together with Decree No. 118/2021/ND-CP, as amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

2. The person on official duty performing the escort of a violator, when arriving at the place of escort, shall invite representatives of the local administration of the locality where the to-be-escorted person resides or is managed and of the agency or organization where the to-be-escorted person works or studies and a witness.

3. The person receiving the escorted person shall check and collate photos and identification papers to identify the right violator to be escorted according to administrative procedures.

Article 34. Handling of some circumstances arising during escort of violators

1. In case an escorted person who is a minor commits opposing acts, curses or insults but does not attack by force, the person on official duty performing the escort shall explain the applicable legal provisions to the escorted person and ask for his/her compliance; in case the escorted person commits an attack by force, the person on official duty performing the escort has the right to use force, tie and lock his/her hands and feet, use weapons and support tools in a lawful way to control and neutralize the opposing acts of the escorted person.

2. In case an escorted violator absconds, the person on official duty performing the escort may ask for help from surrounding persons in arresting him/her; in case it is impossible to immediately arrest the absconding violator, the person on official duty shall promptly report it to the head of his/her unit and contact the local administration of the place where the incident occurs in order to have a plan to track down the absconding violator; at the same time, make a written record on the absconding of the escorted person, to be signed by a witness; if there is no witness, the reason therefor shall be clearly stated in the record.

3. In case the escorted person develops an unexpected illness that requires prompt emergency treatment, the person on official duty performing the escort shall quickly take him/her to the nearest health establishment. The escort or transfer to a higher-level health establishment for further treatment shall be certified in writing by the health establishment about the health status of the escorted person and be reported immediately by the person on official duty performing the escort to his/her direct commander. During the emergency treatment period at the health establishment, the person on official duty performing the escort must have a plan to closely guard and supervise the violator, preventing him/her from absconding or free contact with other persons.

4. In case the escorted person dies, he/she shall be taken to the nearest health establishment and his/her death shall be immediately reported to the head of the unit of the persons on official duty performing the escort, the investigation agency and the procuracy of the locality where the incident occurs for carrying out the procedures prescribed by law.

5. In all cases of escorting violators, necessary conditions shall be prepared and it is required to contact in advance the local administrations of the localities where the violators will be escorted to.

Chapter V
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 35. Responsibilities of the Ministry of Public Security

1. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, and provincial-level People’s Committees in, organizing the application of the expulsion sanction, the measure of holding persons in temporary custody and escort of violators according to administrative procedures and management of foreigners violating Vietnamese law pending the completion of expulsion procedures.

2. To direct and guide the Public Security units and local Public Security agencies to apply the expulsion sanction, the holding of persons in temporary custody and escort of violators according to administrative procedures, and prepare, register and manage dossiers according to the professional dossier work of the Public Security force; management of foreigners who violate Vietnamese law and are expelled pending the completion of expulsion procedures; organize expulsion according to expulsion decisions; hand over the expellees to immigration agencies upon request; at the same time, coordinate with related agencies to guarantee the expellees’ rights and obligations.

3. To examine, inspect, settle complaints and denunciations about the application of the expulsion sanction, the measure of holding persons in temporary custody, and escort of violators according to administrative procedures, and organizing the execution of expulsion decisions.

4. To collect statistics on the application and organization of the execution of expulsion decisions.

Article 36. Responsibilities of the Ministry of Foreign Affairs

1. To settle foreign-relation procedures related to the execution of the expulsion decisions and other relevant procedures applicable to foreigners being held in temporary custody or escorted according to administrative procedures.

2. To exchange and provide information to competent foreign authorities, consular offices or diplomatic missions of the country of which the violator is a citizen in case where such person is subject to temporary custody, escort under administrative procedures, or the sanction of expulsion, or of the country where the person subject to the sanction of expulsion last resided before coming to Vietnam.

3. To direct the foreign affairs agencies of provinces and cities to coordinate with functional agencies, consular offices or diplomatic missions of the country of which the violator is a citizen and is held in administrative custody or expelled (in case of their death) for settlement.

Article 37. Responsibilities of the Ministry of Finance

1. To ensure regular funding for the application of the measures of holding persons in temporary custody, escort of violators according to administrative procedures and application of the expulsion sanction in accordance with the law on the state budget.

2. To formulate and arrange plans on state budget funds for investment, construction and repair of places of temporary custody according to administrative procedures and accommodation establishments under the management of the Ministry of Public Security.

Article 38. Responsibilities of the Ministry of National Defence

1. To direct and guide its attached agencies, units and forces in organizing the escort and temporary custody of violators according to administrative procedures in accordance with this Decree and other relevant legal documents.

2. To coordinate with the Ministry of Public Security and other ministries and sectors in implementing and exchanging information relating to the expulsion, escort and temporary custody of violators according to administrative procedures.

Article 39. Responsibilities of the Ministry of Health

To direct and guide its attached health agencies and health establishments in organizing medical examination, treatment, care and health assessment as prescribed by law for persons subject to the expulsion sanction or temporary custody according to administrative procedures.

Article 40. Responsibilities of provincial-level People’s Committees

Provincial-level People’s Committees shall, within the ambit of their tasks and powers, coordinate with related ministries and agencies in directing related local agencies in applying the expulsion sanction and measures of holding persons in temporary custody and escorting violators according to administrative procedures.

Article 41. Responsibilities of related agencies, organizations and individuals

Related agencies, organizations and individuals shall coordinate and cooperate with related agencies in applying the expulsion sanction.

Chapter VI
IMPLEMENTATION PROVISIONS

Article 42. Effect

1. This Decree takes effect from April 01, 2026, and replaces the Government’s Decree No. 142/2021/ND-CP dated December 31, 2021, 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.

2. To annul Article 66 of the Government’s Decree No. 282/2025/ND-CP dated October 30, 2025, prescribing sanctions for administrative violations of regulations on security, public order and social safety; social vices prevention and combat; domestic violence prevention and control.

3. To add Clause 6 after Clause 3 Article 47 of the Government's Decree No. 296/2025/ND-CP dated November 16, 2025, providing for enforcement of execution of decisions on sanctioning of administrative violations as follows:

“4. In case where a decision on sanctioning of an administrative violation provides for a principal sanction of a monetary fine and an additional sanction of expulsion, and the violator has no property or lacks financial capacity to execute the monetary fine specified in the sanctioning decision but it is necessary to meet requirements for assurance of national security, social order and safety and the sanction of expulsion has been executed, the termination of enforcement shall comply with the Government's Decree providing for the sanction of expulsion, the measures of holding of persons in temporary custody, escort of violators under administrative procedures, and management of foreigners violating the Vietnamese law pending the completion of expulsion procedures.”.

Article 43. Transitional provisions

From the effective date of this Decree:

1. Decisions on expulsion; decisions on application of the measure of management of foreigners violating the Vietnamese law pending the completion of expulsion procedures; decisions on holding of persons in temporary custody under administrative procedures; decisions on extension of the time limit for temporary custody; and decisions on cancellation of the application of the measure of holding of persons in temporary custody under administrative procedures issued in accordance with the Government's Decree No. 142/2021/ND-CP dated December 31, 2021, 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, shall continue to be implemented until their expiration.

2. For case dossiers being handled by competent agencies or persons for which the decisions prescribed in Clause 1 of this Article have not yet been issued, the provisions of this Decree shall serve as the basis for consideration and issuance of such decisions.

Article 44. Responsibility for implementation

1. The Ministry of Public Security shall assist the Government in monitoring, inspecting and urging the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.