Vietnamese
On February 13, 2026, the Government issued Decree No. 59/2026/ND-CP providing the expulsion sanction, the measure of holding of persons in temporary custody under administrative procedures, escort of violators, and the management of foreigners violating Vietnamese law pending the completion of expulsion procedures.
Decree No. 59/2026/ND-CP consists of 06 Chapters and 44 Articles and takes effect on April 1, 2026, applying to the following subjects:
Persons committing administrative violations who are subject to holding in temporary custody under administrative procedures;
Persons committing administrative violations who are subject to escort;
Foreigners committing violations of Vietnamese law who, in accordance with the law on handling of administrative violations, are subject to expulsion;
Persons competent to apply expulsion; persons competent to impose holding of persons in temporary custody under administrative procedures; and competent persons who, while performing official duties, carry out escort of violators;
Agencies, units and organizations related to the application of expulsion, holding of persons in temporary custody, escort of violators, and the management of foreigners violating Vietnamese law pending the completion of expulsion procedures.
Notably, the expulsion sanction shall be applied to foreign individuals committing administrative violations occurring:
Within the territory of Vietnam;
In the contiguous zone, exclusive economic zone and continental shelf;
On board aircraft bearing a Vietnamese nationality;
On board seagoing vessels flying the Vietnamese national flag.
The competence to apply the expulsion sanction shall comply with Decree No. 189/2025/ND-CP detailing the Law on Handling of Administrative Violations.
The Decree also specifies four cases in which the execution of an expulsion decision may be postponed, including:
The violator suffers a serious illness, requires emergency treatment, or is undergoing medical treatment and cannot exit Vietnam (with certification from a medical establishment);
Civil, administrative, or economic obligations have not yet been fulfilled as prescribed by law;
The expellee is simultaneously a suspect, defendant, or litigant in a case currently handled by an investigative authority;
Due to epidemics, natural disasters, war, or where the receiving country has not agreed to grant entry.
When the reason for postponement no longer exists, the expulsion decision shall continue to be executed.
Decree No. 59/2026/ND-CP takes effect on April 1, 2026, replacing Decree No. 142/2021/ND-CP.
At the same time, Article 66 of Decree No. 282/2025/ND-CP on administrative penalties in the field of security, order and social safety is repealed.
