Circular 07/2011/ttlt-Bca-Bqp-Bng: Guide The Implementation Of Punishment Expulsion

Original Language Title: Thông tư liên tịch 07/2011/TTLT-BCA-BQP-BNG: Hướng dẫn thi hành án phạt trục xuất

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CIRCULAR guiding the implementation of punishment expulsion _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on criminal enforcement Law 17/6/2010;
Pursuant to Decree No. 77/2009/ND-CP dated 15/9/2009 of the Government functions, tasks, powers and organizational structure of the Ministry of public security;
Pursuant to Decree No. 15/2008/ND-CP on 04/02/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;
Pursuant to Decree No. 104/2008/ND-CP dated 16/9/2008 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
To implement the provisions of the law on criminal enforcement of sentence enforcement of the expulsion, the Ministry of public security, the Ministry of defence, the Ministry of unification guidelines as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guidelines, the sentence enforcement procedure for expulsion; solve the case who needs punishment banish away or sick or dying during the wait for the exit; resolving to get the body, remains, ashes of people must approve sentence deported were killed; the funding ensures enforcement of the expulsion penalty.
Article 2. The object that applies to this circular apply to who needs punishment expulsion according to the verdict, the decision of the Court (hereinafter the deportees) and the agencies, organizations, individuals relevant to the sentence enforcement activities.
Article 3. The principle of punishment enforced expulsion 1. Ensure the required political, legal, diplomatic and humanitarian policy of the State.
2. The enforcement of penalty expulsion must ensure safe, right people, right time, procedure, jurisdiction under the provisions of the law of Vietnam, in accordance with the law and international practices.
3. Ensure the legitimate rights and interests of the person being expelled; prohibits any infringement to life, health, dignity and property of persons expelled.
Article 4. Sentence enforcement agency deported 1. Criminal enforcement agencies of public security provincial people's Court, where the decision to enforce the penalty expulsion headquarters responsible, in coordination with relevant agencies held enforcement of punishment by expulsion decisions enforced court judgments.
2. criminal enforcement agency provincial police detention camp under the Ministry of public security, the Ministry of Defense custody, detention in the closed military zone is responsible, in coordination with relevant agencies held enforcement of punishment for the expulsion of people have finished projects Executive imprisonment has additional punishment is deportation.
Article 5. Funding ensure execution of funding ensuring the enforcement of the penalty expulsion due to the State budget pays in annual budget estimation of criminal enforcement agencies of public security and provincial enforcement agency Ministry of public security criminal. buy tickets cost exit means putting deportees on water are made according to the provisions of article 102 of criminal law enforcement.
Chapter II the SEQUENCE, PROCEDURE EXECUTION PENALTY EXPULSION article 6. Notice of enforcement of the penalty expulsion 1. Within a period of 3 (three) working days from the date of receiving the decision sentence enforced expulsion of the Court in the case prescribed in clause 1 Article 96 criminal enforcement Law or from the date of the notice of detention supervisor about the inmate time to have additional penalty is expulsion of finished projects Executive imprisonment , the criminal enforcement agencies provincial public security must be notified in writing to the Ministry of Foreign Affairs, diplomatic missions, consular agency, other agencies are authorized to perform the functions of the water that the deported citizens based in Vietnam or representations of international organisations who work Agency, the Organization has guarantees that people in Vietnam.
2. where the inmate has the additional penalty is expulsion of parole, to be free of the jail sentence, the Executive within 24 (twenty four) hours from receipt of the decision to parole, remission of sentence to jail Executive, oversaw detention must be notified in writing to the criminal enforcement agency provincial police detention camp where close to notify the the view specified in paragraph 1 of this article.
Article 7. Record enforced penalty expulsion 1. Within a period of 3 (three) working days from the date of receiving the decision to enforce the judgment of the Court or from the date of receiving the Executive who had done the jail sentence, the parole, Executive exempt projects imprisonment have additional punishment is deportation, criminal enforcement agency provincial police must file executed penalty expulsion.
2. Record enforced penalty expulsion (hereinafter the profile execution) must have enough papers, the documents prescribed in paragraph 2 Article 98 criminal enforcement Law. The certificate has finished other punishment Executive or other obligations specified in point c of paragraph 2 Article 98 criminal enforcement Law include: Executive certificate complete penalty, parole, remission of penalty of jail, free, reduce the penalty money, decided to end the suspension of execution , certificates or confirmation of project enforcement agencies have the authority to enforce the judgment or the results of the other obligations.
3. When handing the Executive who had completed jail sentence, the parole, Executive exempt projects imprisonment have additional punishment is deportation for criminal enforcement agency provincial police detention camp where close to correctional supervisor, accompanied by a copy of the judgment, the decision to enforce the prison sentence Executive certificate, complete the penalty to imprisonment, parole certificate, exemption from punishment jail Executive, proof of the implementation of the other obligations (if any) to establish the record enforced penalty expulsion.
Article 8. Specify where to stay 1. Within a period of 3 (three) working days from the date of establishment of the profile execution, the head of criminal enforcement agency provincial police where to profile execution is a decision specifying the place of stay for people with pending deportation. Place of stay specified must have clear addresses, ensure convenience for the management and monitoring. The Chamber may not be used in criminal custody, detention Chamber of the House of the custody, detention or detention of prisons to manage the deportation pending exit.
2. where the person being expelled in one of the circumstances specified in paragraph 2 to article 99 of law enforcement of criminal convictions, the criminal enforcement agencies provincial public security where making execution decisions and organize putting deportees on the basis of stay of Ministry of public security (hereafter referred to as the basis of stay).
3. where the person being expelled or relatives, their legal representatives suggest to stay in shelter within the Legal Department, other city, it must have a single submit criminal enforcement agencies provincial public security where file execution to consider the decision. Application must specify name, address the recommendations, relationship with the person being expelled, the address where the stay, committed to observance of all the requirements of the criminal enforcement agencies provincial public security, comply with the laws and regulations of the local government where the stay. Menu are translated into Vietnamese, of diplomatic missions, consular agency, other agencies are authorized to perform the functions of water that deportees are nationals or representatives of international organizations where that person worked in Vietnam and the people's Committee of social or Organization, where deportees to stay.
4. within 2 (two) working days from the date of the decision to designate the place of stay, the criminal enforcement agencies provincial public security where file execution must inform the Court decision execution, the Procuratorate at the same level and the bodies specified in clause 1 6 of this circular.
Article 9. Manage people deported 1. Criminal enforcement agency provincial police where to profile execution is responsible, in coordination with the competent authorities, the local government where the person was deported to stay to manage people deported.
2. Within a period of not more than 3 (three) working days from the date of the decision taken on the basis of stay or decided where to stay in the city, the other, criminal enforcement agencies provincial public security where file execution must send the notice accompanied by a copy of the judgment the decision to enforce the judgment for criminal enforcement agencies provincial public security where there are accommodation facilities or criminal enforcement agencies provincial public security where deportees to stay, to manage and perform the procedures to resolve when the deportees fled or died under the provisions of paragraph 4 and article 99 Article 100 law enforcement the criminal.
Article 10. Solve the case must approve sentence escaped expulsion 1. During the stay pending exit who escaped deportation, criminal enforcement agencies provincial public security where there are accommodation facilities or criminal enforcement agencies provincial public security where there where the stay indicated to the Organization begins immediately and notify the criminal enforcement agencies provincial public security where file execution; the case begins with no results, then within 7 (seven) days since the day the deportation decision right away wanted under the provisions of the law.
2. where the catch back deportees fled or that person out, the Agency arrested or receiving confessions are formed thereon, notify the criminal enforcement agencies provincial public security where file execution to get, put that person on the basis of stay and inform the Agency had decided to pursue a decision wanted by family by regulations.
3. The case of fugitive deportees on the pressure to the base of the stay or to exit, then the criminal enforcement agencies provincial public security where held responsible organised tournament pressure begins, decisions, family wanted.
4. criminal enforcement agencies provincial public security where file execution responsibility to immediately notify Procurator at the same level, the Court decision to sentence enforcement deported, authorities enforce the Criminal Department of the Ministry of public security and the bodies specified in paragraph 1 article 6 of this circular about deportees fled fugitive arrested, back or head.

Article 11. Solve the case who needs punishment deported was sick or die 1. During the stay pending exit at accommodation facilities, the deportees are the doctor, cure prescribed by the Government for the right Executive punishment deportation, foreigners have finished projects Executive imprisonment are in time stay at the facility stay to wait for the exit procedures. The case of the seriously ill to be expelled to the State's medical facility for treatment, the facility stay or where to stay that is specified must immediately notify the criminal enforcement agencies provincial public security where there are accommodation facilities or where the stay is indicated to the Agency specified in clause 1 6 of this circular.
2. where the deportees are emergency or serious illness could not walk and certified by the provincial-level hospital, the criminal enforcement agencies provincial public security administration where the deportees at the place of stay, the criminal enforcement agencies provincial public security where there are accommodation facilities must inform the agency execution provincial police criminal record-setting execution place to do the written notice to the Court had decided to enforce the Court decision, consider extending the deadline forced to leave the territory of Vietnam.
3. During the stay of people deported die accommodation facilities or place of stay must be assigned to the criminal enforcement agencies provincial public security where there are accommodation facilities or where the place of stay, the investigating agencies, the Procurator has the competence to determine the cause of death. Within a period of 24 (twenty four) hours from when the deportees died, criminal enforcement agencies provincial public security where deportees died must notify the criminal enforcement agencies provincial public security where file execution to immediately notify in writing or a telegram to the Court to have the decision execution , the Agency specified in clause 1 6 of this circular. After finishing the procedure to determine the cause of death and the permission of the competent authorities, the criminal enforcement agencies provincial public security where there are accommodation facilities or places where stay assigned responsibility to organize burial.
The case of deportees died en route to the tournament pressure accommodation facilities or places of exit, the criminal enforcement agency provincial police hosted the tournament pressure is responsible, in coordination with criminal enforcement agencies of public security investigation agency, provincial , The Procurator has the competence where deportees died to conduct the procedure addressed by the provisions of paragraph 4 to article 99 criminal enforcement Law.
4. The cost of burial deportees died: a) burial expenses deportees died at the facility stay is made according to the regulations of the Government about diet, in, wearing, activities, medical examination and treatment, the cost of burial for the fine Executive expelled during the stay in accommodation facilities;
b) burial expenses deportees died during their stay at the place of stay indicated are applied similarly to the deportees died at the facility stay, except relatives or lawful representatives of their own pay.
Article 12. Resolve to get the body cremated, ashes, who deported 1. The case of the banished dead relative or legal representative of that person received the proposal about the body interred, shall within 48 (forty eight) hours since deportees died, must have the application sent to the criminal enforcement agencies provincial public security where file execution to consider decision.
2. the petition must specify the recipient name, address, body, relationships with the deportees, where buried, committed to ensuring security requirements, environmental hygiene and cost. Application must be certified by the diplomatic missions, the consular authorities of the country in which the deportation or citizenship, representative offices of international organizations where people that work and are translated into Vietnamese. If the proposal is to Vietnam nationals of the people's Committee of social residence. The case received the corpse of buried in Vietnam territory must have the consent of the people's Committee of social death.
3. within 24 (twenty four) hours from receipt of petition, the head of criminal enforcement agency provincial police must decide whether to accept the body and notified in writing to the person who has the petition, the Court took the decision to enforce the judgment, the Agency specified in clause 1 6 of this circular Thing about for getting the body or not to get the body when there is evidence that getting the body to affect the security, order, hygiene and the environment.
4. within 24 (twenty four) hours from when notice to receive the body, the criminal enforcement agencies provincial public security and who have the application must conduct the delivery, the body, money, property of the expelled (if available) and to set the minutes, signed by the Party Affairs , and the witness; expiry of this that people have no application to receive the body, the criminal enforcement agencies provincial public security organization responsible for burial.
5. The resolution to get those deportees only made after 3 (three) years from the date of death. The case of cremated, then can solve for getting ashes since completing the cremation. Someone suggested to get cremated, the ashes must have single sent to the criminal enforcement agency provincial police which deportees to consider, decide; Application content must have the full content of the provisions in paragraph 2 of this Article.
Within 7 (seven) working days from receipt of application, the head of criminal enforcement agency provincial police must decide whether to receive the remains, ashes and must inform in writing the person with petition, the Court took the decision to enforce the judgment , the Agency specified in clause 1 6 of this circular Thing about to receive or not to receive the remains, ashes when there is evidence that the recipient remains, ashes affecting security, order, hygiene and the environment.
6. Preservation, transportation of the body, bones, remains of people deported by people with motion or diplomatic missions, Consulate of the country of which that person is a citizen, representative offices of international organizations where the person responsible and work to be done in accordance with the provisions of the law on the medical processing; environmental hygiene; Prevention of infectious diseases and cross-border health quarantine and the other provisions of the law of Vietnam.
Article 13. Exit license 1. Criminal enforcement agencies provincial public security where file execution proceed checking passports or travel documents passport replacement value of deportees. The case had not visa passport or visa has run out, the values proposed Immigration Administration exit visa as prescribed. Emergency visa right at the gate, the proposed text must be sent at the latest within 12 (twelve) hours before who was deported to the gate.
2. where the person being expelled without a passport or papers whose value replacing passports, the criminal enforcement agencies provincial public security must be notified in writing to the Ministry of Foreign Affairs, the Immigration Agency, Ministry of public security to require the foreign representative offices consular agency of the country in which that person citizenship or representative offices of international organizations where that person worked the necessary paperwork procedures to grant exit visas.
The case has requested that the Agency, the organization that has yet to settle or do not meet, but for reasons of emergency must immediately deported or have too the time limit are forced to leave the territory of Vietnam under the provisions of the law, the criminal enforcement agencies of public security proposed provincial immigration authorities granted the Ministry of public security published valuable papers the scene and suggested the State Department notified in writing to the countries that deportees are citizens to tackle the procedures of receiving, for the entry. Water case that deportees refused citizenship to receive or not for immigration, the Ministry of Foreign Affairs is responsible for chairing, to coordinate the Immigration Agency Ministry of public security, criminal enforcement agency provincial police conduct addressed by foreign lines or conduct deportation according to international practices.
3. where the deportees must obey a different judgment or have not done the penalty money, other civil obligation in case of postponed departure in accordance with the law of Vietnam, the criminal enforcement agencies of public security provincial level where punishment enforcement record-setting expulsion must make a written report immediately the Court issued the decision execution the decision to prolong the deadline to leave the territory of Vietnam; in collaboration with the Ministry of Foreign Affairs notice and request the diplomatic representations, consular agency, other agencies are authorized to perform the functions of the water that the deported citizens based in Vietnam or representations of international organisations who work , the Organization has guarantees that people in Vietnam to address or to contact families who were deported, the Agency where the person was deported to work in support of funding made the penalty money, other civil obligations; at the same time, inform the enforcement agencies have the authority to enforce the judgment to proceed with the execution procedure or the procedure suggested the Court had the authority to consider exempting, reducing the obligation of execution for revenues, filed the State budget according to the provisions of the Civil Enforcement Act. When a decision or the text of civil enforcement agency about the end execution for deportees, criminal enforcement agency provincial police conducted the procedure forced the deportees left the territory of Vietnam.
Article 14. Conduct forced to leave the territory of Vietnam 1. Criminal enforcement agencies provincial public security where making execution decisions on time, but not so the time limit stated in the decision to enforce the judgment of the Court or too time limit prescribed by the law.

2. criminal enforcement agency provincial police where to profile execution is responsible for buying the ticket means the exit for deportees in the case of the deportation cost or diplomatic representations, consular authorities of the country in which that person citizenship or representative offices of international organizations where people work Agency, the Organization has guarantees that people in Vietnam to resolve the expense of putting deportees on water.
The case is using the budget to pay air fare, cars, trains, ship to people deported leave Vietnam territory according to the provisions of article 102 of law enforcement of the criminal, the governing body of the criminal enforcement of the Ministry of public security decided to use the budget and buy the ticket means bringing people deported leave the territory of Vietnam.
3. Slowly for 24 (twenty four) hours before the time of departure, the criminal enforcement agencies provincial public security where file execution must inform the person deported, immigration authorities have the authority, the Bureau of the gate in the border guard command and the bodies specified in paragraph 1 article 6 of this circular on time exit locations, to coordinating conduct deportation. Cases of deportation by land on water, land borders with Vietnam, then exit time is not conducted at night, except in special cases.
The case of deportees have legitimate assets, money deposited at the criminal enforcement agencies provincial public security or accommodation facilities, 24 (twenty four) hours before the time of departure, the criminal enforcement agencies provincial public security or accommodation facilities must return to them. The return of the money, the property must be established thereon, signed by the Party Affairs, and witness.
4. criminal enforcement agency provincial police where to profile execution is responsible for organizing the tournament pressure deportees to the exit point; in collaboration with the Ministry of Foreign Affairs, the Immigration Agency, the Bureau of the gate of command border guard conducting the procedure of forced deportees left the territory of Vietnam. The enforcement of expulsion at the exit must be founded thereon, signed by the person being deported, those present represent participating agencies enforcing expulsion, diplomatic, consular authorities of the country in which the deportation or citizenship, representative offices of international organizations where people work.
5. where the deportees are not voluntarily obey the expulsion, denial of exit to leave Vietnam, the criminal enforcement agencies provincial public security where file execution responsibility award deportees to pressure gate of water that they are citizens; case pressure exit air award, the criminal enforcement agency provincial police are informed and United with the airline transported about measures to ensure the security, safety in the process pressure prescribed in clause 2 prizes article 17 of Decree 81/2010/ND-CP of the Government regulation on civil aviation security and the proper implementation of the The Convention on international civil aviation security which Vietnam is a member.
Chapter III article 15 ENFORCEMENT TERMS. Effective enforcement of this circular effect since January 1st, 2012.
Article 16. Implementation of the relevant authorities of the Ministry of public security, the Ministry of Defense, Ministry of Foreign Affairs, within the scope of the functions, duties, their powers are responsible for the Organization and implementation guide, examine the implementation of this circular.
In the process of implementation of the circular, if problems arise, the agencies, local units should reflect on the Ministry of public security, the Ministry of Defense, Ministry of Foreign Affairs to have timely instructions./.