Decree No. 65/2020/ND-CP management for persons staying in accommodations pending their exit

DECREE

Prescribing the organization of management of and regimes for stayers at accommodation establishments pending exit from the country^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 14, 2019 Law on Execution of Criminal Judgments;

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

Pursuant to the June 16, 2014 Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam;

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

At the proposal of the Minister of Public Security;

The Government promulgates the Decree prescribing the organization of management of and regimes for stayers at accommodation establishments pending exit from the country.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes in detail 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, and foreigners having completely served their imprisonment sentences and staying at accommodation establishments of the Ministry of Public Security 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 organization of management of and implementation of regimes for stayers. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains different provisions, the provisions of such treaty shall prevail.

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.

Chapter II

ORGANIZATION OF MANAGEMENT OF AND REGIMES FOR STAYERS

Article 4.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 5.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 confine the stayer to a separate room, and suppress his/her opposing acts, prevent and stop him/her from escaping, committing acts that endanger the life or health of his/her own, other stayers or officers of the accommodation establishment, or damaging the accommodation establishment’s property. 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 6.Accommodation regime for stayers

1. Stayers shall be arranged in a gender-based collective room; the minimum sleeping area is 3 m²/person (those with small children will be provided with a minimum sleeping area of 4 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 7.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; 1 kg of meat; 1 kg of fish; 0.5 kg of sugar; 0.75 liter of fish sauce; 0.2 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; 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 1 day of traditional New Year festival and 1 National Day of the country of which stayers are citizens, stayers are entitled to extra food not exceeding 5 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 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 8.Regime of physical exercise, sports, cultural and artistic activities 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.

Article 9.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 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 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 10.The 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. Relatives who are entitled to meet the stayers include the latter’s maternal and paternal grandparents; natural parents; parents-in-law; legally adoptive parents; spouses; natural children, children-in-law, legally adopted children; natural siblings, siblings-in-law; spouses’ siblings; aunts, uncles, nieces and nephews. 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 together with his/her passport or people’s identity card or citizen identity card or another personal identity paper 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 by the commune-level People’s Committee of the locality 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 stayers to meet their relatives 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); full name, people’s identity card or citizen 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 for notifying 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 11 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 11.Management of stayers’ personal belongings

Accommodation establishments shall make written records of stayers’ foreign currencies, valuable papers, gold, silver, watches, precious jewelry, personal articles and other valuable items, then seal them up and put them at depository places for management, which the stayers may reclaim prior to exit from the country. In case a stayer makes a written request for handover of the above-mentioned belongings to his/her relative or lawful representative, the accommodation establishment shall make a written record of the handover to the stayer’s relative or lawful representative. Particularly for amounts in the currency (cash) of the Socialist Republic of Vietnam, they may be deposited for stayers to use.

Article 12.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 a serious illness or injury beyond the medical treatment capacity of the accommodation establishment’s clinic, he/she shall be referred to a district- or provincial-level health establishment or a military zone-level hospital 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 are equivalent to 3 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 stayer’s treatment at a higher-level health establishment to the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the establishment is located in order to notify the agencies specified in Clause 1, Article 5 of this Decree and his/her relative 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 Article 13 of this Decree. After giving birth, if the stayer makes a request, the accommodation establishment shall carry 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 13.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 20 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.

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 14.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 or by fax to the agencies specified in Clause 1, Article 5 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 only notify the death to the Ministry of Foreign Affairs) and notify it to the stayer’s relative or lawful representative residing in Vietnam (if any) for coordinated settlement. After getting permission from a competent agency, 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 15 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 m²of 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 15.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 14 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 which has compiled the judgment execution dossier, or the court which has issued the judgment execution decision (for stayers serving the expulsion sentence), or the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located (for foreigners who have completely served their imprisonment sentences and are awaiting exit procedure clearance), 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) for consideration and decision.

2. Within 24 hours after receiving the request, the head of the agency specified in Clause 1 of this Article 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 5 of this Decree.

3. Within 24 hours after notifying the permission for the receipt of the dead person’s body, the agency specified in Clause 1 of this Article, 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 14 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 5 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 16.Settlement of cases of escaping stayers

1. In case a stayer serving the expulsion sentence escapes, the provisions of Article 122 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 5 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 17.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 and the court which has issued the judgment execution decision (for stayers serving the expulsion sentence), or to the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located (for foreigners who have completely served their imprisonment sentences and are awaiting completion of exit procedures), 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 stayers subject to expulsion as an administrative sanction) for consideration and decision.

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 3, Article 30 of the Government’s Decree No. 112/2013/ND-CP of October 2, 2013, 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 121 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 5 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 head of the agency specified in Clause 1 of this Article 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 the country.

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 18.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 enforcement of civil judgments.

Chapter III

IMPLEMENTATION PROVISIONS

Article 19.Effect

This Decree takes effect on June 15, 2020.

1. This Decree replaces the Government’s Decree No. 09/2012/ND-CP of February 17, 2012, prescribing the organization of management of and regimes for stayers pending exit from the country in accordance with the Law on Execution of Criminal Judgments.

2. This Decree annuls Article 31 of the Government’s Decree No. 112/2013/ND-CP of October 2, 2013, 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.

3. Article 32 and Clause 1, Article 33 of the Government’s Decree No. 112/2013 ND-CP of October 2, 2013, prescribing the expulsion as a sanction, 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, do not apply to foreigners subject to expulsion as an administrative sanction who stay at accommodation establishments of the Ministry of Public Security.

Article 20.Transitional provisions

1. The organization of management of and regimes for stayers staying at accommodation establishments pending exit from the country before this Decree takes effect will continue to comply with the Government’s Decree No. 09/2012/ND-CP of February 17, 2012, prescribing the organization of management of and regimes for stayers pending exit from the country in accordance with the Law on Execution of Criminal Judgments and the Government’s Decree No. 112/2013/ND-CP of October 2, 2013, prescribing the expulsion as a sanction, measures to temporary detain persons and escort violators according to administrative procedures, and management of foreigners who violate Vietnam’s law pending completion of expulsion procedures.

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. 09/2012 ND-CP of February 17, 2012, on organization of management of and regimes for stayers pending exit from the country in accordance with the Law on Execution of Criminal Judgments and the Government’s Decree No. 112/2013/ND-CP of October 2, 2013, prescribing the expulsion as a sanction, 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.

Article 21.Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.