DECREE

Q The measure of the deportation penalty, the measure of the holder,

The resolution of the violation of the foreign law and the management of the foreigners is in violation of the law.

V. All right N - during the expulsion procedure

____________________

The Law base. Nest Ch. I'm On December 25, 200. 1 ()

The Law base. Pl I'm sorry Stain. Violence. l Twenty-one. Twenty-one. Ah! 11 in 2007;

The Law base. X Yeah. i It was released on June 20, 2012.

At the request of the Minister of Public Security ()

The government issued the decree regulating the deportation of deportation, the measure of human-imposed detention, the v. i We're going to have to go. I'm And managing foreigners in violation of Vietnamese law in time. l The expulsion procedure. .

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree states:

1. Subject, jurisdiction, temporary procedure, imposed on the administrative procedure, cases of applying the measure, imposed on the administrative procedure and other regulations concerning the application of the temporary solution, the imposition of the person according to the following: The main act.

2. The subject of deportation, the procedure of applying the deportation penalty form, the measure of the violation of the violation during the procedure of deportation proceedings, the right and obligations of the person to apply the form of deportation punishment and the responsibility of the agencies, the organization said. in the organization of the execution of the deportation penalty.

What? 2. Subject applies

This decree applies to:

1. The person whose violations are suspended according to the administrative procedure in the prescribed cases at Article 11 of this Decree.

2. The foreigners were imposed on the formal deportation of the prescribed deportation at the Decree for Administrative Infringement.

3. The person with the authority to punish the deportation, who has the authority to apply deterred measures and guarantee administrative breach of the administrative breach.

4. Other agencies, organizations that are involved in the application of deportation punishment form and prevention and protection of administrative violations.

What? 3. Principles applicable

1. The detention, oppressuring of the administrative procedure and applying the deportation penalty form must ensure the correct object, correct procedure, jurisdiction, and statute of limitations in the Administrative violation Law, this decree, and other provisions of the law. It's relevant.

2. Prohibition on all breaches to life, health, honor, dignity, property of the person who is suspended, imposed on administrative procedures and the imposition of deportation punishment.

3. In any case, the temporary detention, subject to the administrative procedure, applies the form of the deportation penalty must have a written decision by the competent authority at Article 12, Article 25, Article 7, This decree; to hand over to the temporary person. hold on, the pressure, the one that applies the penalty for the expulsion of one copy. The decision was made to apply the measure, imposed on administrative procedures, applying the deportation penalty to be held accountable for his decision.

What? 4. Make sure

1. The guarantee budget for the application of the detention measure, op-ed by the administrative procedure and the application of the deportation penalty form, includes:

a) The expenses for the investment of construction, repair, infrastructure upgrades; procurement of supplies, vehicles, weapons, support tools, and other conditions served for the temporary, oppressing of the administrative procedures; and for eating, examination, Treating the person who is suspended, the cost of the burial of the burial when the person is held, the pressure of death in the time of the parole, the pressure on the case of themselves or their families is not self-reassuring and the other expenses serve the temporary hold. the chief executive;

b) The filing of a proposal applies the form of deportation punishment, the manager of foreigners during the deportation procedure, tracing the banished and executor of the deportation decision.

2. The guarantee budget for the application of the detention measure, the subject of the administrative procedure, and the application of deportation punishment by the state budget. The establishment, acceptance, and accounting of the state budget is implemented by the regulation of the State Budget Law and the execs of the execs.

3. Eat-to-eat, stay, find, cure the disease at a regulatory facility at Clause 3 Article 30 This decree and the arrival of the evict. In the event that the deported is not likely to be paid, the Bureau of Provincial Security Immigration (where the object management profile) requires the agency to represent the diplomatic representative, the consuM agency of which the person is a citizen or agency, the organization, etc. The individual invited foreigners in Vietnam to pay. The individual case, the agency, the organization stated on the non-condition, the ability to pay, the Department of Public Immigration or Provincial Security is where the object management profile is paid from the state budget.

Chapter II

APPLY THE EXPORT PENALTY FORM

What? 5. The authority to apply the deportation penalty form

The person with the authority to decide to apply the form of the deportation penalty in accordance with the administrative procedure is carried out as specified at Section 5, Clause 7 Articles 39 Administrative violations of the administrative breach.

What? 6. The procedure, the case procedure procedure recommended applying the deportation penalty form.

1. The Agency for the breach of the breach found foreigners performing a violation of the law eligible for the application of the deportation penalty, which must be sent to the document, the funeral, the vehicle to be held (if any) involved in the breach to the governing body. Enter the provincial security scene where foreigners register for permanent residency, shelter or site of a violation of the breach to set up an offer to apply the form of deportation punishment. For the case of a violation of the Central Security Agency, the Department of Public Affairs found that the breach of the breach was sent to the Department of Immigration Management to set up the case of applying the deportation penalty.

2. During the seven-day period, since the date of receiving a breach, the agency's entry management body, the Provincial Public Security Police Department, is responsible for the completion of the proposed deportation case. The profile consists of:

a) Summary of the background and violation of the law of the recommended deportation;

b) The document, evidence of behavior violation of administrative law;

c) The processing forms have applied (for cases of multiple breaches or resins);

d) The text of the deportation offer.

What? 7. Decision to execute deportation

1. In a three-day period, since the date received the report recommended the deportation agency 's deportation agency' s deportation agency or a career room in the Department of Immigration Management, which moved to the Director of Provincial Public Security, the Department of Immigration Management. In view, the decision to punish the deportation for foreigners in violation of the government. If there is not sufficient condition to apply the deportation penalty, you must inform the agency to detect the breach.

2. The decision to execute the deportation must specify the following contents:

a) The day, the month, the year of the decision to punish the deportation;

b) They, the name, the office of the decision to execute the deportation penalty;

c) They, name, date, month, year of birth, nationality, profession, passport number/passport replacement for the passport of the deported;

d) The administrative violation of the expelled person;

The clause of the law of the rule of law is applied; the main form of punishment, the additional form of sanctions, the remediation measures (if any);

e) Time for the decision to execute deportation;

g) where the deportation came;

h) The door execs decided to execute the deportation penalty;

i) The body responsible for the execution of the decision to execute deportation;

) Where the foreigners are required for the time of the expulsion of the foreigners,

l) The signature of the decision to execute the deportation penalty.

3. The decision to punish the deportation must be sent to the deported and the Ministry of Foreign Affairs of Vietnam, the consuvage agency, the foreign representative body of the country that the deported was the citizen or water that the person resided last before arriving in Vietnam before. I don't know, The decision to punish the deportation must be expressed in both Vietnamese and English.

What? 8. Rights, the obligation of the deported

1. The right of the deported:

a) Being known for being expelled, the decision to expel the delay by 48 hours before the execution;

b) contacted by the diplomatic representation agency, the consul of the country in which he was a citizen for protection, aid;

c) Being implemented the regulatory regimes at Article 31 This decree during the wait for the procedure of deportation;

d) to be carried out according to his legal assets from the territory of Vietnam;

There is a complaint, denouncing by the law of the settlement of the complaint, denouncing.

2. The obligation of the deported:

a) Full implementation of the writing rules in the deportation decision;

b) The identification of the arbitrary identification by the requirements of the export export management body;

c) Compliance with the provisions of the Vietnamese law, which is subject to the management of the public office during the procedure of deportation proceedings;

d) Quickly fully accept civil, administrative, economic obligations under the rule of law (if any). The case does not voluntarily accept, will be applied to prevent and guarantee the handling of the prescribed administrative violation at Chapter I, the fourth part of the Administrative Violation Disposal Act;

There are the necessary procedures to leave the territory of Vietnam.

What? 9. Hoan execs the decision to punish the deportation

1. The expelled person is deferred for the decision to execute deportation in the following cases:

a) suffering from severe illness, must be granted to save or because other health reasons cannot be made determined by the decision of a hospital or medical center from the county level or other adverse cases;

b) Do the duty of civil, administrative, economic, and economic obligations under the rule of law.

2. On the basis of the agency ' s recommendation to export the Provincial Public Security Police, the Director of the Provincial Public Security review, the decision to postpone the enforcement of the decision to execute the deportation penalty.

3. On the basis of a recommendation by the Chief of Business Administration of the Immigration Administration, the Director of the Administration of Immigration Admissions Review, decides that the decision to postpone the decision to execute the deportation penalty.

4. When the delay is no longer the decision to execute the deportation is further enforced.

What? 10. The execution of the decision to execute the deportation penalty

1. The execution of the decision to execute the deportation penalty, including:

a) the decision to punish the deportation under administrative procedure;

b) The passport copy or copy of the other optional paper on behalf of the expelled person;

c) The certificate certificate has taken over the other obligations (if any);

d) Other documents are related.

2. The governing body of entry of the Provincial Security Police or a business room under the Department of Public Immigration Management is responsible for the prescribed filing at Clause 1 This Article.

Chapter III

HOLD ON, OPPRESSO TO THE ADMINISTRATIVE PROCEDURE AND THE MANAGEMENT OF FOREIGNERS IN TIME

DEPORTATION PROCEDURE

Item 1

JURISDICTION, THE PROCEDURE OF KEEPING THE PERSON UNDER ADMINISTRATIVE PROCEDURE AND MANAGING PERSONS IS SUSPENDED ACCORDING TO ADMINISTRATIVE PROCEDURE.

What? 11. Hold on to the administrative procedure

The temporary execution of the administrative procedure is only applicable when it is required to prevent, suspend immediately following the following behaviors:

1. Public order disorder.

2. Cause injuries to others.

3. The person with violation of regulation at paragraph 5 Article 20 Laws, against domestic violence and Clause 1 Article 12 digital decree 08 /2009/NĐ-CP February 4, 2009 regulations and guidelines enforce certain provisions of the Law of Defense, against domestic violence.

What? 12. temporary jurisdiction

Those with the authority to decide on the temporary administrative procedure are carried out by regulation at Article 123 Administrative breach of the administrative breach.

What? 13. The decision to suspend the administrative procedure

The decision to suspend the administrative procedure is done as follows:

1. The case with sufficient base and judgment is required to apply the administrative procedure for the person who has executed a violation of the law, who has the authority to make the decision to suspend the person following the administrative procedure.

The decision to hold the person under the administrative procedure must clear the number of decisions; hours, days, months, years of decision; they, names, rank, office, agency, unit of decision-making; the base decision to hold on to hold, which is imposed on the law. The reason for the parole; surname, name, date, month, year of birth, birth place, where the permanent registration (or temporary), the profession, where work, learning, the number of People's Witnesses of the suspended; surname, parent, mother or guardian of the suspended (if the person). less than a teenager); nationality, passport number or paper has a value to replace the passport (if the person is suspended as foreigners); the deadline is temporary. holding; the place of hold; the right of complaint, denouncing, the prosecution of the decision making the decision to hold, and the execution of this measure in accordance with the rule of law; to sign the name, stamp out the body of the decision-making decision. The temporary decision is made up of two copies, giving a copy to the suspended, a copy of the file.

2. In case of the duration of the retention period, before the expiration of the retention period in the decision, the person with the authority to hold out the decision to extend the duration of the hold. The decision content must record the number of decisions, hours, minutes, days, months of decision making, the decision-making, the decision-making, the legal text applied; they, the name, rank, rank, agency, unit of the decision-making; they, the name, address, number of certificates The people of the people who have been protracted from the duration of the temporary hold; the sanctuary; the reason, the duration of the duration of the retention period; the right to complain, the prosecution, the prosecution for the decision to extend the suspended time of the suspended under the rule of law and sign, closed. The body of the decision-making. The decision to extend the temporary period must be made up of two copies, a delivery to the person who is held on hold, a record filing.

3. The case is not limited to the decision to hold, but the base for the holder is terminated, and the decision to suspend the decision must be terminated immediately. The decision must be handed over to the person who has been suspended for a copy, a record store and must be logged in the manual of the person who is held on administrative custody.

The decision content to end the temporary execution of the administrative procedure must clear the number of decisions, hours, minutes, days, months of decisions, decision-making bases; they, names, offices, rank, agency, unit of decision-making; surname, name, address, number, The proof of the people or passports or other papers with a value to replace the person's passport is terminated; the reason for the termination of the parole, which, the law of law is applied and signed, stamped the decision of the decision-making decision. It's an end.

4. When it comes to the grounds that the criminal behavior of the person being held under the administrative procedure has a criminal sign, the person who decides that the parole must be transferred immediately to the file and the person who is suspended with the funeral, the violation (if any) for the agency. conduct a criminal proceedings to address the rule of law.

What? 14. A temporary timeout

1. The deadline for the execution of the administrative procedure is carried out by regulation at paragraph 3 Article 122 Administrative breaches of the administrative breach.

2. The retention period must be specified in the decision to hold the person according to the administrative procedure, which is to hold on for hours; starting from now on time of day, month, year of decision-making.

3. In any case, the temporary execution of the administrative procedure must have a written decision by the competent person. Strictly speaking, there is no written decision.

4. At the end of a temporary administrative or case procedure specified at Clause 3 Article 13 This decree, the decision of a temporary decision must be terminated immediately for the person who is suspended and must be enrolled in a temporary checkbook. Yes, sir, there's a signed signature of the person who has been arrested. The case of a person who is suspended from the confirmation of the confirmation, the person who decides whether to hold a document or assignment to the person who is directly on the task of conducting the task of conducting a script, and specifying the reason for the receipt, the receipt must have the signatures of the witness. (if any), the editor, who made the decision to hold.

What? 15. The announcement of the decision to hold

1. Shortly after the decision of the decision to hold, at the request of the holder, the decision of the decision to hold must be notified by text, phone, fax or other means of information about the decision to suspend the person following administrative procedures for the family, authorities said. Of course, the institution of the work, the student's learning. If you can't be informed, you must inform the person who has been arrested and logged in to the custody of the person who has been held in custody.

2. In the event of a juvenile parole violation at night or holding them up to six hours, the decision is to be issued immediately for their father, mother or guardian. The absence of a parent, mother, guardian, or reason for the objective is not informed, must be notified to the person who is being held to the custody and must be clear due to the person who is under the custody of the person.

3. The case of a person being held abroad then the decision to suspend must report directly to the chief authority officer who knows to inform the Ministry of Foreign Affairs (the provinces, the Central Committee of the Central Committee). informed the Consul Bureau, the provinces, the Central City of the remaining Central Committee informed the Ho Chi Minh City State Department to inform the agency of the diplomatic or consuvee representative of the country that it was citizens who knew; at the same time, in coordination with the Ministry of Foreign Affairs. transaction arrangements for the representative of the diplomatic representative body or the country ' s consul to visit the consul if required and co-ordinated handling of the issues facing the country. Other extras are related.

What? 16. Continue to receive a suspended

1. When receiving the suspended person, the person who is responsible for the management of the suspended persons must be checked, and the passport shall be kept with the suspended; for the charge of the custody, the item of the suspended person is allowed to carry it; in accordance with the specified watch; The common rights and obligations of the person to be held, the internal rules of the parole and other regulations are relevant for them to accept.

2. The case of a person who is suspended does not automatically accept the provisions of the parole, which applies the necessary coerizations required by law on prevention, prevention and disposal of anti-human behaviour to force them to accept.

What? 17.

1. Agency, the unit with the authority to suspend the administrative offender must have a case, a book that monitors the management of the administrative offender under the rule of law.

2. All issues that are relevant to the temporary execution of the administrative procedure must be fully documented in the filing of the administrative offender under the rule of law.

What? 18. The rights and obligations of the suspended

1. The holder has the right to:

a) To be informed of the adoption of the administrative procedure by the administrative procedure;

b) The decision of the decision to hold a statement to the family, organization of the working place, to learn how to be held in accordance with the provisions of Article 15 of this decree;

c) Which is known for its temporary reasons, the deadline for the retention and location of the temporary hold; the complaint of the temporary hold;

d) to be guaranteed the standard of drinking at Article 22 of this decree;

It is treated, medical care when it is prescribed in accordance with Article 23 of this decree.

2. The holder has a duty:

a) The strict approval of the decision to hold, the rules, the regulations of the place of the hold;

b) comply with the request, the order of the decision of the decision of the decision, and the charge of the duty of the charge, to protect the place of the hold;

c) Declaring urgent acts of violation of its laws and of others involved;

d) Not included in the shelter of weapons, explosive materials, support tools, mobile phones, malicious texts, alcohol and other addicants or items that may affect order, safety of the place.

What? 19.

1. The seat of the administrative holder is the administrative temporary or temporary administrative chamber deployed at the office of the agency, the unit where the authority of the competent person decides to suspend the administrative offender. In the absence of an administrative temporary or administrative temporary chamber, it is possible to be held in the department or other room at work, but must ensure general regulations. It prohibits the holding of administrative offenders in criminal detention rooms, criminal detention rooms or unsecured places of protection, safety for the suspended.

The main administrative or temporary cache must have the door locked, which ensures light, ventilation, sanitation and safety of the fire department, firefighting, convenient for the look, protection. The person who is suspended overnight must be given a bed or floor layout and must be shown, blankets, nets; the minimum seating for each person is 2 m ² .

2. The agency with a room function, anti-violation of law enforcement often must temporarily hold the administrative offender necessary for deployment, design, construction of a temporary administrative or temporary administrative chamber, which needs a private temporary place for the unfounded. A woman, a woman or a foreigner, has to be in charge of management, protection.

The form, the scale of the place of the temporary violation of the administrative offender, must be based on the nature, characteristics, conditions, human traffic, the actual requirement of the temporary violation of the administrative breach in each industry, sector, concrete, and layout, to the site. Well, let's build for the right thing.

3. For ships, ships, trains to have left the airport, the harbour, the station is subject to specific violation conditions and objects, the commander of the ship, the captain, the ship's chief decision to hold on to hold and distribute the person to carry out the custody.

4. The Minister of Public Security on the provisions of the Administrative Violation Law and provisions of this decree is responsible for the organization, the layout of the holding, and the direction of the design, the construction of the administrative temporary.

What? 20. Human Management is suspended

The person who is assigned the task of managing the temporary holder, the protection of the responsible temporary shelter:

1. Regular surveillance, protection, view of the person being held on hold, if the suspended person has a manifold expression of psychological, health, unconventional behavior, as well as finding out the circumstances involved in the violation or other people ' s violations, he said. You have to be responsible for reporting right now to the person who decides to hold on to a timely trial.

The case of the discovery of a person with a cache of weapons, explosive materials, support tools, and other facilities, and a vehicle for a cache of weapons, explosives, tools, tools, tools, and other facilities. If the person who is held for injuries or unconventional health conditions then must immediately compile on the condition of the health of the holder, at the same time, it must be reported immediately to the person who decides to hold out for a timely treatment.

2. Private, property of the suspended person must be signed at the site of the hold. The delivery, page receiving, the deposit assets must be fully documented, specific to the temporary checkbook and must have the signature of the person being held in custody. In the case of a private property, the deposit property has a large number of or has a large number of values that must be compiled separately, which must be fully documented, in particular quantities, categories, symbols, forms, and animal status, as well as other matters involved. The text must be established in two copies, with the signature of the holder, who receives the property and gives it to the person who is suspended. When the expiration of the deadline is over or moved elsewhere, the temporary recipient is fully rereceived. If the recipient of the property, the property does the loss, the damage must be compensated by the rule of law.

What? 21. Transport, recipient of the administrative breach

1. The person who has the authority to suspend the protocol must be assigned to the person who has an administrative breach with the organization, the individual who leads the offender to or assigned to the person who is on the task of conducting the assignment of the protocol, receiving it.

2. The protocol, the recipient of a person with a behavioral violation must record hours, minutes, dates, months, year, border locations; they, names, offices, personal addresses, party organizations, parties, names, addresses, addresses, personnel, address, address, address, address, address, address, address, address, address, address, address, address, address, address, address, ID, address, address, name, address, address, name, address, address, address, name, address, address, address The other person has infringes; the behavior violates; the time, the site, the site of violation; health status, the behavior of the person whose behavior violates, the burial, their property (if any) and other conditions are related to the delivery, recipient of the person. violation; the case with the witness, who suffers from damage, must record the content of the incident in which they are witnessed, the damage done by the person. The breach was caused; they, the name, address of the witness, were damaged. The text must have the letter's signature, the recipient and of the person with the violation, the person with the damage, the witness (if any); the person with the authority to suspend the person according to the administrative procedure signed into the protocol, receiving the breach. In the case of the breach, the person who suffered the damage, the person who testis refused to sign, the editor must record the reason for the record.

The protocol, the recipient of the administrative breach, must form two and read it to everyone to the editor; the recipient, the party, holds a copy.

3. Shortly after the execution of the alleged administrative breach, the containment and the border of the breach or after the receipt of the protocol, the person with the conduct of the administrative breach, if found to be temporarily suspended, the person with the authority. The right to the right to hold on to the right-to-right person is to make a decision.

Whether the case is not sufficient or not necessary to apply the administrative procedure, the administrative procedure must immediately be given to the person and return the entire vehicle, property, paper (if applicable) to them if the vehicles, assets, documents, and documents. It is not subject to the application of the burial ground, the vehicle for administrative violation.

What? 22. People ' s diet is on hold

1. The case of people who are suspended or their families cannot be self-assured, the agency, the unit of the person with the authority to decide on hold is responsible for ensuring the diet for the suspended under the standard of quantitative per person a day of 0.6 kg. Tedious rice, 0.1 kg of normal pork meat, 0.5 kg of green vegetables, 01 litres of drinking water boiled to cool, water, salt, fit-to-burn. This is due to the state budget and is attributed to market share in each of the time.

2. The case is temporarily suspended during the Lunar New Year or the health condition of the unsecured parole officer, and according to the doctor ' s designation, the paused is further eaten but the level of food (including extra food) is not more than five times the standard day meal. Usually; being held during the holidays or the Lunar New Year, the temporary is kept for food, but no more than three times the standard of daily feeding.

The body where the temporary authority can decide to swap the amount of the above is consistent with the fact that the person's taste is held to ensure that they are eaten all the standard.

3. The agency, the unit with the functioning of the administrative holder must open the books to follow, bar, decide the diet of the person to be held under the rule of law.

What? 23. The case of a person who is suspended is ill or died during the temporary hold

1. The person who is being held who is ill, is treated in place; cases of severe illness or emergency care, the unit where the responsibility is to take them to the medical facility and inform the family, their relatives know to care; case of kin, family. Their suspension has a petition to take home to take care and find that it is not necessary for the fact that it is necessary to continue to hold on to the person who has the authority to suspend the parole before the deadline and give them back to the family to heal; the case is temporarily suspended. holding no permanent residence or family, their relatives are far away from time to take care of, then the agency, the unit where they hold them directly to their own. Take care of yourself.

2. The case of a person who is suspended in the custody period, the decision is to be issued immediately to the investigative body, the institution of authority to address the rule of law, at the same time, informing the family, the body of the law. The dead man. The case for the dead is a foreigner who decides that the parole officer must report immediately to the authorities in order to inform the Ministry of Foreign Affairs or the state agency with the authority to coordinate with the diplomatic or agency agency. the consul-state representative of the country where the deceased has citizenship to coordinate the settlement.

3. The dead family is responsible for burying the dead. In the event of a non-family death, the burial of the body, the unit where the temporary government is to be held in coordination with the local government, is suspended for burial; the burial toll in this case is due to the state budget by law. the law.

Item 2

COMPETENTIES, PROCEDURES IMPOSED ON ADMINISTRATIVE PROCEDURES

What? 24. Under the breach.

1. The offender who does not voluntarily accept the request of the competent person is to be imposed in the following cases:

a) being held in the custody of the chief executive;

b) Get back to the school of education, compulsory education facility, mandatory rehab facility under provisions at paragraph 2 Article 132 Administrative violations of the administrative breach;

c) The deported person does not automatically accept the decision to punish the deportation or have an act of opposition, escape.

2. The person with the authority stipulated at Article 25 This decree is on the task of carrying out the oppression of the offender.

3. During the time of the resolution, the management of the oppressed was carried out by regulation at Articles 18, 19, 20, 22 and Article 23 This decree.

What? 25. The authority to implement the application

Those with the following jurisdiction are enforcement of the task of carrying out the oppresso of the administrative procedure:

1. Civil Security.

2. Defense of the Border Service.

3. Marine Police Officer.

4. Customs.

5. Checklist.

6. Tax service.

7. Market control.

8. Ombudman, who was assigned to the task of a specialized inspector.

9. Accept of civil law enforcement.

What? 26. Procedulable procedure

1. Before the resolution, the competent authority on the task of carrying out the applicable task must explain to the person who is oppressed of their rights and obligations in the process of being imposed under the rule of law, which answers the question of the oppressed.

2. While the pressure must ensure an absolute safety for the competent authority who is on the task of carrying out the applicable duty and to the imposter. The use of weapons, tools to assist when applying the applicable measure must be made in accordance with the rule of law.

Where the oppressed person has signs of escaping or having anti-personnel conduct, the officer who is on the job of carrying out the task of applying the right to report immediately to the authorities to make a decision to suspend the person according to the administrative procedure. That man.

3. The pressure officer must monitor, tightly manage the oppressed, alert, proactive, timely handling of the complex situations that may occur; not arbitrated by addressing the requirements of the oppressed while under the process.

What? 27.

1. The person with the authority on the job of carrying out the pressure must proceed to the border, receiving the defendant with the recipient of the recipient.

2. The competent person who is in the enforcement of the job upon arrival at the site of the pressure must invite the local government representative where the person is being oppressed or is being administered, the agency representative, the organization where the person is applied to work, study and witness. Oh,

3. Check out the test, face photo, ID, identify the correct violi under the administrative procedure and set the document on the oppressation of the violation by the administrative procedure.

What? 28.

A non-voluntary violation of the violation of the offender does not voluntarily accept the requirements of the competent authorities at clause 1 Article 24 This decree must include the following contents:

1. Clear the hours, minutes, days, months, year, border position.

2. They, names, posts, addresses of individuals, party organizations, parties; surname, name, address, number of People's Certificate of People or Other Identification Of Persons With Breach Of The Subject; violation; time, location, execution of violation; status; health, the attitude of the person whose behaviour violates, the burial, their property (if any) and the other conditions involved in the oppression of the offender; the case with the witnesses must specify them, the name, the witness address.

3. The text must have the signature of the party, the recipient of the oppresso and of the person of the applicable breach of the breach, the witness (if any); the person with the authority to suspend the person according to the administrative procedure signed into the protocol, receiving the breach of the breach. In the case of an op-ed violation, the witness refused to sign, the editor must record the reason for the record.

4. The protocol, the recipient of the oppressated administrative breach must form two copies and read to everyone to enter the editor; the recipient, the person of the offender, is imposed on each side holding a copy.

What? 29. Processing a number of situations while applying

1. The case of an oppressut has an anti-counteract, the resolution of the resolution explaining the rule of the law, requiring them to accept the decision; the case required of an oppressine has the right to use force, tie, arms, legs, use weapons, tool support tools. under the rule of law to control the disabling of the subject's anti-imposed behavior.

2. The case of a fugitive violation, the execs decided to apply the text to the receipt of the witness's signature; otherwise the witness must specify the reason for the text.

Section 3

MANAGER OF FOREIGNERS DURING THE DEPORTATION PROCEDURE

What? 30. The foreign manager during the procedure of deportation proceedings

1. Head of the Department of Business in the Department of Immigration Administration or Chief Executive Officer, enter the Provincial Public Security Police (where the filing of deportation offers) proposed to the Bureau of Immigration Administration or the Director of the Provincial Public Security decision to apply. the management measures for foreigners during the time of deportation proceedings in the following cases:

a) When it comes to the grounds that, if it does not apply the necessary measures to manage, that person will evade or impede the execution of the deportation penalty.

b) To prevent that person from continuing to conduct violation of the law.

2. Management measures:

a) Limit the travel of the governed;

b) specify the place of the manager;

c) Hold your passport or other optional passport instead of a passport;

d) Arrest the residence at the residence facility administered by the Ministry of Public Security at Section 3 This Article.

3. The deported must reside at the residence facility administered by the Ministry of Public Security if belonging to one of the following cases:

a) The deported person without a passport or a passport replacement paper, there is not enough necessary conditions to carry out the expulsion (plane ticket, visa ...);

b) There is no permanent, temporary residence;

c) Violation of the regulation at paragraph 2 This Article or does not accept the regulatory measures, the oversight of the competent authorities;

d) There is a violation of law or grounds that the person may perform a violation of the law during the time of the appearance;

There is an escape, the preparation of escape or other behavior that is difficult for the execution of the deportation penalty.

e) Infectious disease is particularly dangerous according to the regulation of the Law of Prevention, Anti-Infectious Disease;

g) voluntarily enter the residence facility.

4. Do not use criminal custody, detention facility, detention facility to manage foreigners during the time of deportation proceedings.

What? 31. The regime for the deporter during the period of deportation procedure at the storage facility.

1. Mode at:

a) Being deployed in the body by gender (male, female); a minimum of 3 m. ² And there was a room for a washroom, and for a light, and for a grader, and for

b) The person with infectious disease is particularly dangerous according to the regulation of the Law of Prevention, the anti-infectious disease, the person with a mental illness or a disease, other than the ability to perceive or the ability to control his behavior must be positioned separately in the room. Quarantine.

2. Diet, wear:

a) The standard of food per person for one month is calculated as follows: 17 kg of sporadic rice; 0.7 kg of meat; 0.8 kg of fish; 0.1 kg of salt; 0.5 kg of medium type; 0.75 litres of water; 0.1 kg of sweet flour; 15 kg of green vegetables and 15 kg of charcoal or 17 kg of charcoal. This volume is to be attributed to the local market price in the locality where there is a storage facility. The holiday, Tết (according to the regulation of the State of Vietnam), who is expelled during the time as the deportation procedure at the shelter facility is eaten further but the standard of food (including daily food consumption and extra levels) is no more than five times the standard of eating. Usually. The storage facility can swap out the amount of the above-based diet in accordance with the actual requirement to ensure the resident of the dining standard;

b) The person who was expelled during the deportation procedure at the storage facility was brought into the basis of an essential personal use for use by the provisions of the Ministry of Public Security. In the absence of pants, the shirt is subject to a period of residence, which is issued from one to two sets of clothes, with a regular cloth.

3. Fitness, sports, cultural, cultural, communications, communications, asset management:

a) The person who was expelled during the procedure as a deportation procedure at the institution was active in fitness, sports, cultural life, healthy literature on the grounds of the storage facility. Each room is equipped with a color television and book-on-the-box office. The time of physical activity, sports, cultural life, literature, television viewing, listening to the station is due to the regulatory facility;

b) The person who is expelled during the procedure as a deportation procedure at the facility is contacted by telephone, sending letters to the relatives and consuMail authorities according to the regulation of the storage facility. Telephone charges, letters sent by the resident.

c) The person who is expelled during the procedure of deportation at the facility with a cash or item of value, must submit to the deposing of the residence facility and be received prior to the arrival of the scene. The hosting facility is responsible for either a register or a vote to monitor the deposit for the person to be expelled during the deportation procedure at the storage facility using the cash-in-cash life.

4. Visit mode:

a) The person who is expelled during the procedure as a deportation procedure at the residence facility is met with the client or his legal representative at the meeting room of the storage facility. Each week is met once, each time there is no more than 4 (four) hours;

b) The person who is expelled during the procedure of deportation at the basis of a stay-in-premises basis of residence can be met with a spouse or husband in the private room of the boarding facility once a week, each not more than 24 (two four) hours;

c) The settlement of the visitor to the person who was expelled during the procedure of deportation at the facility of residence was determined by the curator of the facility;

d) When a visit is allowed, the person who is expelled during the procedure of deportation at the facility is received, the cash, the prescribed object. The residence facility is responsible for checking for mail, cash, items before entering into the storage facility.

The visiting party must have strict approval of Vietnamese law, the interstate, the meeting of the visiting state and the guidance of the cadet facility.

5. Discovery Mode, cure:

a) The person who was expelled during the procedure as a deportation procedure at the hospital 's hospital facility was discovered and treated at the storage facility' s clinic. The case with severe illness exceeds the treatment of patient care facility medical treatment, the Department of Public Education, Immigration or Provincial Public Security where the filing of a deportation offer is responsible for bringing them to the medical facility for treatment; at the same time, inform the Ministry of Foreign Affairs (Bureau. The Consul or the State Department of the City of Ho Chi Minh City) to inform the agency of the state of diplomacy or the consul of the country that the person is known to be citizens;

b) The case of people who are expelled during the procedure of deportation at the fetal facility are pregnant to the time of childbirth, then the shelter facility is responsible for bringing them to the local health facility to give birth;

c) The residency facility is responsible for coordinating with the hospital, the management department of the Provincial Security Police Department where the storage facility is closed to manage the resident during treatment or childbirth at the hospital.

6. The regime for children is the child of the expelled person during the deportation procedure at the residence facility in the same parent, mother at the facility of residence:

Children under the age of 16 are the children of deporters during the deportation procedure at the residence facility in the same parent, the mother at the facility where the layout is located in the same room as the father, mother at the storage facility in accordance with the actual and special conditions. Age, gender. The diet, bargaining, shelter, disease, and burial costs are performed as for the host. On 1 June, the Chinese Lunar New Year was twice as high as the usual two days; if the illness was carried out, the disease would be treated, if death was granted the cost of burial as a resident.

What? 32. The case of the evict case was killed during the deportation procedure.

1. The case of foreigners who was killed during the deportation procedure, the Director of the Bureau of Immigration Immigration or Provincial Security Director where the filing recommended deportation must immediately inform the investigative agency, the institution with authority and authority. Officials, the organization is a Vietnamese counterpart (if any); at the same time, inform the State Department of the State Department of Foreign Affairs or the State Department of the City of Ho Chi Minh City to inform the agency of the diplomatic or consuvage agency that the person is a citizen who knows to coordinate the tournament. Yeah.

2. The delivery of the body of foreigners is killed during the procedure of deportation of water and the costs of burial, which takes the body to the water due to the body, family, agency, organization where the person works, learning or the diplomatic agency, the consul ' s consul. It's the one that's responsible for it.

3. In the absence of execution in such ways, the Bureau of Immigration or Provincial Public Administration where the filing of the deportation offer is responsible for execution.

What? 33. Resolve the case of the deportation of the opposition, fled, not to approve the deportation penalty.

1. Apply the regulatory measures at Article 29 of this decree.

2. The resolution to the designated accommodation, the facility to manage, monitor or force out of the territory of Vietnam.

Chapter IV

THE RESPONSIBILITY OF THE STATE AUTHORITY IN THE DETENTION, OPPRESSING OF THE ADMINISTRATIVE PROCEDURE AND APPLYING THE DEPORTATION PENALTY FORM.

What? 34. Ministry of Public Security

1. Help the Government to monitor, check, the governor to implement this Protocol.

2. Direcing the Public Security Unit, local management of the object expelled during the deportation procedure; the expulsion organization follows the decision; the table of objects for the management of the export-export management body when required; at the same time, in coordination with the agencies. related to the implementation of the rights and obligations of the expelled persons.

3. Check, inspect, resolve the complaint, denounce the application of the detention measure, oppress the person according to the administrative procedure and the enforcement of the execution of the deportation penalty.

What? 35. Foreign Ministry responsibility

1. Resolve the foreign procedures involved in the enforcement of the deportation decision and other relevant procedures for the case of the person being held up, subject to the administrative procedure as foreigners.

2. The exchange, which provides relevant information to foreign authority agencies, the diplomatic representation agency, and the country ' s consul that the passport holder or the passport replace the passport imposed on the temporary measure, imposed on the administrative procedure and pressure imposed by the government. The form of deportation punishment.

3. Directed by the Department of Foreign Affairs in coordination with the authorities, the diplomatic representative body or the agency representative body of the country that the passport holders or papers replace the administrative suspended passport, expelled (in the case of death) to address the situation. Yeah.

What? 36. Ministry of Finance

The guarantee of funding for the application of the detention measures, oppressuring the person according to the administrative procedure and the application of the deportation penalty in accordance with the plan is delivered in the Ministry of Public's annual budget bill.

What? 37. Ministry of Health Responsibility

1. Directed, instruct the medical authorities and hospitals directly to the organization, cure, health care and health monitoring of the person who is suspended under the administrative procedure and apply the deportation penalty form in case they are seriously ill, must be treated as a result. The treatment is prescribed at Clause 1 Article 9 and paragraph 5 Article 31 This decree.

2. Guide to the granting of the certificate of health status to the deporter in case they are seriously ill, must be treated according to the regulation at Point 5 Article 31 This decree.

What? 38. The responsibility of the Provincial People ' s Commission

The Provincial People ' s Committee within its mandate range, its powers are responsible for coordinating with the ministries, the relevant sector that directed the local authorities in the application of the temporary measure, imposed on the person according to the administrative procedure and the applicable law. The deportation penalty.

What? 39. The responsibility of the agencies, the organization, the individual invites foreigners to enter Vietnam or apply for a visa extension to the deported foreigner.

1. Coordinate, collaborate with the authorities to implement the application of the deportation penalty form.

2. endure all costs or financial guarantee in the event of an evict who has no financial capacity in place to pay the costs under the provisions of the Vietnamese law.

Chapter V.

EXECUTION CLAUSE

What? 40. The effect of the decree

This decree has been in effect since 17 November 2013. Replace Number Protocol 97 /2006/NĐ-CP September 15, 2006 stipulated the application of the deportation penalty in administrative procedure, the Digital Decree. 15 /2009/NĐ-CP February 13, 2009 amendment, adding some of the provisions of the Digital Protocol 97 /2006/NĐ-CP September 15, 2006 stipulated the application of the deportation penalty in administrative procedure, the Digital Decree. 162 /2004/ND-CP September 7, 2004 enacted the Administrative Retention Statute, the Digital Decree. 19 /2009/NĐ-CP February 19, 2009 amendment, adding some of the provisions of the Digital Protocol 162 /2004/ND-CP September 7, 2004, it is enacted on September 7, 2004.

What? 41.

1. The Minister of Public Security enters the function, its mission specifies the details of this decree.

2. Ministers of ministries: Public Security, Defense, Finance, Trade, Agriculture and Rural Development, Transport, Diploma, Diploma, Health with a Permanent Responde of conduct, guidance, examination of the parole, imposed on the person according to administrative procedures and pressure The form of a deportation penalty is within your management range.

3. Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial Committee of the Provincial People's Committee, the Central City of the Central Committee is responsible for the implementation of this decree.