Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the Immigration Ordinance, immigration, residence of foreigners in Vietnam on April 28, 2000;

Basing the Ordinance on administrative violations processing July 2, 2002, amended and supplemented by Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations March 2008;

Considering the recommendation of the Minister of public security, the DECREE: article 1. Modifying, supplementing a number of articles of Decree No. 97/2006/ND-CP DATED September 15, 2006 regulations applying sanctions expulsion by administrative procedures: 1. Article 5 be amended and supplemented as follows: "article 5. The authority decides to apply sanctions to expel 1. The Minister of public safety has the power to apply sanctions expulsion by administrative procedures.

2. Director manages the exit and entry; Director of the public security Department, central cities (hereafter referred to collectively as the provincial police) has the power to apply sanctions expulsion by administrative procedures according to the hierarchy of the Minister of public safety ".

2. Article 6 is modified and supplemented as follows: "article 6. The sequence of applying sanctions expulsion 1. The Agency discovered the violation found foreigners implementation law violations eligible to apply sanctions expulsion, must send the right profile violations to the police prefecture where the foreigner resides or where registration happens violations to file apply sanctions expulsion. For the case of violation by the bodies conducting proceedings, other State management bodies in Central, a business unit of the Ministry of public security discovered the offending record is sent to the Bureau of exit and entry Administration to set up a profile to apply sanctions expulsion.

2. within seven days from the date of violation records, Director of provincial public security is responsible for complete records apply sanctions expulsion. The records include: a) résumé and violations of the laws of the person being recommended deportation;

b) document, evidence of violations of administrative law;

c) processing forms were applied (for the case of violation or re-offending);

d) text recommended expulsion (for the case of non-hierarchy).

3. With regard to the case of the Minister of public safety public safety Director for the hierarchy level of the province, as soon as the complete profile apply sanctions expulsion for foreigners the administrative violation, Director of the provincial public security must consider, the decision to expel the sanction. If not eligible to apply sanctions expulsion must then immediately notify the Agency discovered violating the know.

4. With regard to the case of the Minister of public security hierarchy for the Director manages the entry, exit, then immediately after finalizing the record apply sanctions expulsion, Director of provincial public security to transfer records and suggested text to apply sanctions expulsion for exiting Administration Bureau Chief entry to the decision to expel.

Within five days, since receiving the profile recommended expulsion of provincial public security Director, Director of the Bureau of exit and entry Administration is responsible for the review, a decision sanctioning expelled foreigners for administrative violations. If not eligible to apply sanctions expulsion shall inform the Agency detected the violation and provincial public security establishment place know.

5. With regard to the case of the Minister of public security, the expulsion decision immediately after the complete records suggest applying sanctions expulsion, Director of provincial public security to transfer records and suggested text to apply sanctions expulsion for exiting administration the entry for review before submission to the Minister of public safety decisions.

Within five days, since receiving the profile recommended expulsion of provincial public security Director, Bureau of exit and entry Administration has the responsibility to verify the records suggest applying sanctions expulsion. If eligible, the report makes recommendations to the Minister of public security decision to expel; If not eligible to apply sanctions expulsion shall inform the Agency detected the violation and provincial public security establishment place know.

Within three days from the date of the report proposed the expulsion of the Chief management of exit and entry, the Minister of public safety review, a decision sanctioning expelled foreigners for administrative violations.

6. The Bureau of exit and entry Administration if directly detect alien administrative violations or receiving the records violated from the bodies conducting proceedings, other State management bodies in Central, a business unit of the Ministry of public security shall conduct establishment apply sanctions expulsion as defined in paragraph 2 of this Article. If the offending object in case of hierarchy, the Director of Department of management of the exit and entry decision sanctioned deportation; If not in the case of hierarchy, the report to the Minister of public safety or for provincial public security Director to a decision to expel ".

3. Article 7 is amended as follows: "article 7. The decision to sanction expulsion 1. The decision to sanction expulsion must specify the following: a) the day, month, year of decision sanctioned deportation;

b), last name, title of the decision sanctioned deportation;

c), last name, date of birth, nationality, occupation, number of the passport of the person being expelled;

d) of administrative violation of deportees;

DD) terms of the legal texts applicable; sanctions, additional sanctions, have remedial measures (if any);

e) time enforcement of punishment decisions to expel;

g) Where deported to;

h) gate decision enforcement sanctions expulsion;

I) the Agency is responsible for enforcing the Organization decided to sanction expulsion;

k) the signature of the decision sanctioned deportation.

2. The decision to expel should be sent for the litigants, the Agency, the partner organization (if any) and the Vietnam Ministry of Foreign Affairs before implementation. "

4. Article 9 is amended and supplemented as follows: "article 9. Defer enforcement of punishment decisions to expel 1. The deportation was postponed enforcement of the decision in the following cases: a) the seriously ill, to emergency or because of health reasons cannot perform is to decide sanctions expulsion of certified hospital or medical center from district level upwards, or other unforeseen circumstances;

b) Must perform the obligations of a civil, administrative, economics as defined by law.

2. On the basis of the proposal of the Director General, the exit-entry Administration, public security Minister to consider, the decision to postpone the implementation of the decision for expulsion sanction case by the Minister of public security decision to expel.

3. On the basis of the proposal of the Director of provincial public security, or of Heads of foreign management unit in the Bureau of exit and entry Management Bureau Chief, exit Management Department, immigration review, the decision to postpone the implementation of the decision for expulsion sanction case by Chief exit management entry, out decides to expel.

4. On the basis of the proposal of the head of the unit, exit and entry management, Director of the provincial public security consideration, the decision to postpone the implementation of the decision for expulsion sanction case by the Director of provincial public security decision to expel.

5. When conditions no longer deferred the decision on sanctions is exile continue to enforce ".

5. Article 12 is amended and supplemented as follows: "article 12. The case of the deported was sick or died during deportation procedures 1. The foreigner was sick during expulsion procedures in place to manage. The case of sickness, the Bureau of exit and entry Administration or provincial public security establishment where the proposed expulsion is responsible for bringing them to health facilities for treatment; at the same time inform the Ministry of Foreign Affairs to inform the diplomatic missions or consulates of the countries to which that person is a citizen know.

2. in case of foreigners killed during the expulsion procedure, the Director manages the entry, exit or public safety Director level the establishment where the proposed deportation must notify the investigating agencies, the Procurator has the competence; the Agency is the partner Vietnam Organization (if any) at the same time inform the Consular Bureau, Ministry of Foreign Affairs to inform the diplomatic missions or consulates of the countries to which that person is a citizen know to solve.

3. Putting the bodies of foreigners killed during the procedure of expulsion of the water and the costs for the funeral, putting bodies on water by family relatives, bodies, institutions where people work or diplomatic, consular authorities of the country in which that person is responsible. In case of failure by the Bureau of exit and entry Administration or provincial public security where the establishment is responsible for performing ".

6. Article 13 is amended and supplemented as follows: "article 13. The responsibility of the Bureau of exit and entry Administration 1. Record-setting enforcement of punishment decisions to expel, including: a) decided to sanction deported by administrative procedures;

b) copy of passport or other identification copy instead of the passport of the person being expelled;

c) certified papers have done other obligations accepted (if available);

d) other related documents.

2. Send the decision sanctioned deportation for the Bureau of Consular Affairs to inform the diplomatic missions or consulates of the countries to which that person is a citizen; at the same time, send a copy of the decision for people deported to enforce.

3. Collect, receiving the information, the materials needed for the Organization of the enforcement of the expulsion sanction decision.


4. To coordinate with relevant bodies to ensure the implementation of the rights and obligations of the deportees.

5. organizations expelled by the decision ".

Article 2. The Decree has effect as from April 1, 2009. The Minister of public safety is responsible for guiding the implementation of this Decree.

Article 3. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.