Decree 17/2016/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 112/2013/nd-Cp Of October 2013 Stipulates Sanctions Expulsion, Temporary Measures To Keep The Prize, Ng

Original Language Title: Nghị định 17/2016/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 112/2013/NĐ-CP ngày 02 tháng 10 năm 2013 quy định hình thức xử phạt trục xuất, biện pháp tạm giữ người, áp giải ng

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Number: 17 /2016/ND-CP
Hanoi, March 17, 2016


S Change, add a number of things. N Number one. 112 /2013/NĐ-CP

October 02, 2013 rules for deportation of deportation,

It ' s a measure of human-to-hold, human-imposed criminal justice.

and administer foreigners in violation of the law. V. All right N -

during the expulsion procedure


Government Law Base June 19, 2015;

The Chamber of Laws, Anti-Violence. l The family died November 21, 2007;

Processing Bar. i It's a I'm 20 June 2012;

Customs Law on 23 July. Ah! 6 years 2014;

At the request of the Minister of Public Security;

The government issued a revised decree. Change. Add a Stain. Number of Decree Numbers 1 12/ 2013 /NĐ-CP on October 2, 20 1 3 rules the form of deportation penalty, the temporary measure of the person, the oppression of the violation according to the action procedure I'm And managing foreigners in violation of Vietnamese law in time. l It's the expulsion procedure.

What? 1. Modified, add some Article of the Digital Protocol 112 /2013/NĐ-CP October 2, 2013 rules out the deportation penalty, the temporary measure of the person, the pressure of the violation by the administrative procedure and the management of foreigners in violation of the Vietnamese law during the time of deportation procedure (abbreviated as Protocol No. 1). 112 /2013/NĐ-CP)

1. Modified, add 1 Article 3 as follows:

" 1. The detention, oppressuring of the administrative procedure and applying the deportation penalty form must ensure the right subject, correct procedure, jurisdiction, and statute of limitations in the Administrative violation Law, Article 102 Customs Law, This Protocol, and other regulations. The law of the law is relevant ".

2. Modified, add Article 11 as follows:

" Article 11. Hold on. people following the administrative procedure

The temporary execution of the administrative procedure is only applicable in the following cases:

1. When you need to prevent, suspend the following behaviors:

a) disturbing public order;

b) Cause injuries to others.

2. When it is necessary to prevent, suspend the operation of smuggling, shipping unauthorized goods across the border in the following cases where the offender has a sign of escape, the destruction of the funeral, the means of violation, which interferes with the handling of the breach:

a) Export, import of goods that prohibit export, import or suspend export, import under the rule of law;

b) Export, import of goods in the portfolio of export goods, importation of the Charter without the export license, import or paper of the state agency with the prescribed jurisdiction attached to the goods;

c) Export, import of goods that do not go through the prescribed door, do not make customs procedures under the rule of law or count of quantity fraud, the strain of goods as customs procedure;

d) Export, import of goods without invoices, the accompanying certificate of law or receipt of invoices, testimonies but invoices, unlawable evidence under the rule of law;

Importing goods under the rule of law must paste imported stamps but do not have stamps glued to the goods prescribed by law or have stamp stamps but are used stamps, stamps used;

e) The trade across the border or from the non-tariff zone into the interior or against the rule of law that has not yet reached the level of criminal responsibility.

g) to transport goods across the border or from the non-tariff zone into the interior or against the rule of law;

h) Other cases by law.

3. When it is necessary to prevent, suspend the violation of regulations at paragraph 5 Article 20 Laws, against domestic violence and Clause 1 Article 12 of the number of Protocol 08 /2009/NĐ-CP February 4, 2009 rules and guidelines for certain Articles of Law Enforcement, anti-domestic violence ".

3. Modified, add Article 12 as follows:

" Article 12. The authority to suspend the administrative procedure

1. The following persons have the authority to decide to suspend the person according to administrative procedure:

a) Chairman of the People's Committee, Head of Public Security;

b) Head of the District Security;

c) The head of the Chief Administrative Officer of the Order of Social Order, Head of the Police Department, Head of the Police Department of Road, Rail Road, Head of the Road Police Department, Head of the Police Department of Crime Investigation of the Department of Economic and Economic Management. Office, Chief of the Crime Investigation Department on Social Order, Head of Police Investigate Crime Investigation, Head of Immigration Department of Provincial Security; Head of Police Department for Criminal Justice and Judicial Assistance, Chief of Police Department, Department of Police. Defense, anti-crime.

d) Chief of the motor police unit from the company level back up, Terminal Security Station Security;

The County of the Forest Forest, Captain of the Forest Team.

e) Chief of the Customs Section, Captain of the Customs Enforcement Team, Captain of the Division of the Anti-Smuggling Control Team and the Navy Chief of the Sea Control Squadron of the Bureau of Investigation Against the Department of Customs Enforcement;

g) Team management team;

The commander of the Border Division, the commander in chief of the harbor, the commander of the Border Division, the commander of the Border Division, the Chief of the Border Squadron, the Chief of the Border Station, and the Chief Minister of the Border Division at the border, the island.

i) Squadron captain of the Maritime Police Squadron, Squadron Chief of the Marine Police Squadron, Commander of the Maritime Police Region;

) The commander of the ship, the captain, the ship ' s chief when the ship, the liner, the train left the airport, the harbour, the station;

l) The presiding judge.

2. The person with the authority to suspend the specified person at the points from a to the order 1 This may give the authority to the deputy. The delivery is made only when the mayor is absent and must be expressed in writing, which defines the scope, content, time of authority. The deputy is given the right to take responsibility for his decision before the first and before the law. Human rights are not delegated, delegated to any other person ".

What? 2. Repeal current regulations

Repel regulations at paragraph 1 Article 3, Article 11, Article 12 of the Digital Protocol 112 /2013/NĐ-CP.

What? 3. Effect of execution

This decree came into effect on 2 May 2016.

What? 4.

The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.


Prime Minister


Dao Dung