Under a decree recently issued by the Government, foreigners who commit administrative violations within Vietnam’s territory, contiguous zone, exclusive economic zone and continental shelf will be expelled from the country.
Under Decree No. 142/2021/ND-CP on expulsion, temporary custody, and escorted transfer of violators according to administrative procedures, and management of foreign violators pending the completion of expulsion procedures, law-breaking foreigners on Vietnam-flagged planes and vessels will be expelled from Vietnam in line with Article 27 of the Law on Handling of Administrative Violations.
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The expellees would be notified of the reasons for expulsion and receive expulsion decisions at least 48 hours before such decision are executed.
They can ask for interpreters while working with competent Vietnamese agencies and officials and are subject to Decree No. 65/2020/ND-CP dated June 10, 2020, stipulating the organization and rights of people at lodging facilities pending the completion of exit procedures.
They are allowed to bring along their lawful assets when leaving Vietnam and lodge complaints and denunciations in accordance with law.
The decree says the expellees have to fully comply with expulsion decisions and Vietnam’s law, present their personal identification papers at the request of immigration offices, and submit to the management by public security offices pending the completion of expulsion procedures.
They have to fulfill all civil, administrative and financial obligations and complete all necessary procedures for leaving Vietnam.
In case there is a ground to believe that an expellee may abscond or hinder the execution of the expulsion decision, a public security office would decide to apply management measures. Specifically, the expellee would be restricted from traveling, have his passport or passport substitute retained or be required to stay at an accommodation facility managed by the public security force.
The decree came into force from January 1, 2022.
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