Nghị định 54/2001/NĐ-CP của Chính phủ về việc hướng dẫn thi hành hình phạt trục xuất

DECREE

GUIDING THE EXECUTION OF EXPULSION PENALTY

THE GOVERNMENT

Pursuant to the September 30, 1992 Law on Organization of the Government;

In order to execute the penalty of expulsion prescribed in Article 32 of the 1999 Penal Code and Article 234a of the June 9, 2000 Law Amending and Supplementing a Number of Articles of the Criminal Procedures Code;

Pursuant to Articles 16 and 17 of the April 28, 2000 Ordinance on Entry, Exit and Residence of Foreigners in Vietnam;

At the proposals of the Minister of Public Security and the Minister of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-

1. Expulsion is a principal or additional penalty applicable to foreign offenders (persons not bearing the Vietnamese nationality) who are forced to depart from the territory of the Socialist Republic of Vietnam within given periods of time.

2. This Decree guides the execution of expulsion penalty after the courts issue decisions on judgment execution. The expulsion by orders of the Minister of Public Security under the Ordinance on the Handling of Administrative Violations shall not be governed by this Decree.

3. The expulsion of foreign offenders who are entitled to diplomatic immunities or consular privileges and immunities shall be settled through diplomatic channels.

Article 2.-

1. The Exit and Entry Management Agency of the Ministry of Public Security (hereinafter referred to as Exit and Entry Management Agency for short) shall assume the prime responsibility and coordinate with the concerned agencies in organizing the enforcement of expulsion penalty against persons sentenced to expulsion (hereinafter called the expellees) by court decisions on judgment execution.

2. The enforcement of expulsion penalty must ensure safety, timeliness and compliance with the provisions of law.

Chapter II

OBLIGATIONS AND RIGHTS OF THE EXPELLEES

Article 3.-The expellees shall have the obligation:

1. To depart from the Vietnamese territory within the time limits inscribed in the courts’decisions on judgment execution, if they do no fall under the cases prescribed in Article 4 of this Decree.

2. To abide by the provisions of Vietnamese law, submit to the management and supervision of the Exit and Entry Management Agency; not to leave at their own will the management and supervision places designated in writing by the Exit and Entry Management Agency.

3. To submit papers necessary for the judgment execution at the request of the Exit and Entry Management Agency.

4. To quickly fulfill other obligations (if any) and complete all necessary procedures to depart from the Vietnamese territory within the prescribed time limits.

5. To bear all expenses for their exit means.

Article 4.-

1. The expellees may prolong the time limits for their departures from the Vietnamese territory according to Article 234a of the Criminal Procedure Code if they fall under one of the following cases:

a) They are being seriously ill and under emergency care or they cannot move on their own due to other health reasons, which are certified by medical bodies or hospitals of the provincial or higher level;

b) They have to serve other penalties or perform other duties under the provisions of Vietnamese laws;

c) They have other plausible reasons that hinder their departures from the Vietnamese territory, which is certified by the head of the Exit and Entry Management Agency.

2. The prolongation of time limit for departure from the Vietnamese territory for an expellee shall be effected only when there is a decision of the court which has issued decision on judgment execution.

Article 5.-Upon their departures from the Vietnamese territory, the expellees may carry along their lawful property as provided for by law.

Chapter III

RESPONSIBILITIES AND POWERS OF THE EXPULSION PENALTY-EXECUTING AGENCIES

Article 6.-The Exit and Entry Management Agency of the Ministry of Public Security shall have the responsibility:

1. To notify the time for judgment execution to the expellees at least 24 hours before the judgment execution.

2. To transfer to the Foreign Ministry the copy of the judgment execution decision of the court and notify it of necessary information and materials for coordination in the judgment execution.

3. To gather and receive information and materials necessary for the organization of judgment execution from the courts and other concerned bodies; to compile dossiers and organize the enforcement of the expulsion penalty.

4. Where the expellees fall under the cases prescribed in Clause 1, Article 4 of this Decree, to notify such cases in writing to the courts which have issued decisions on judgment execution for the latter to consider and decide the prolongation of the time limits for departures from the Vietnamese territory for the expellees.

5. Where the expellees have no more reasons to prolong the time limits for their departures from the Vietnamese territory, it has to notify such to the courts which have issued decisions on judgment execution for the latter to decide continuing the judgment execution.

6. To continue organizing the enforcement of the expulsion penalty under the judgment execution decisions already issued by the courts before the issuance of decisions to prolong the time limits for departures from the Vietnamese territory for the expellees, if such prolonged time limits have expired and the courts fail to issue other decisions.

7. Where within the prolonged time limits for the expellees’departures from the Vietnamese territory, the courts issue decisions to continue executing the judgments, the Exit and Entry Management Agency shall have to immediately execute them.

8. To notify the courts of the results of judgment execution.

Article 7.-The expulsion penalty execution dossiers shall be compiled by the Exit and Entry Management Agency, each comprises:

a) The extract or copy of the judgment and the judgment execution decision of the court;

b) The copy of the passport or the copy of the paper with value of substituting the passport of the expellees;

c) The certificate of the complete serving of other penalties or fulfillment of other obligations (if any);

d) Other relevant materials.

Article 8.-

1. Depending on the practical conditions and situation, the Exit and Entry Management Agency may decide on:

a) Specific measures to manage and supervise the expellees;

b) Modes and locations for enforcement of the expulsion.

2. Where the expellees fail to voluntarily abide by the decisions on judgment execution, the Exit and Entry Management Agency shall assume the prime responsibility and coordinate with the concerned agencies in applying the following measures:

a) Restriction on the expellees movement and contacts;

b) Designation of places of compulsory stay of the expellees;

c) Immediately escorting the expellees who belong to the dangerous category or commit acts of escape or prepare to escape to the border-gates to force them get out of the Vietnamese territory;

d) Other coercive measures as prescribed by law.

3. The head of the Exit and Entry Management Agency shall decide in writing the application of measures prescribed in Clause 2 of this Article and notify such to the courts which have issued decisions on judgment execution.

Article 9.-Where the expellees are incapable of bearing the expenses for their exit means, the Exit and Entry Management Agency may request the diplomatic missions or consular offices of the countries of which such persons are citizens settle funding for the expellees to return home; where the funding is not yet supplied or for urgent national security protection reasons, the Exit and Entry Management Agency may use the State budget to pay for the exit fares at the lowest level to force the expellees to depart from the Vietnamese territory as soon as possible.

Article 10.-The Ministry of Public Security shall, within the ambit of its tasks and powers, have the responsibility:

1. To issue legal documents guiding the enforcement of the expulsion penalty.

2. To organize forces for the enforcement of expulsion penalty.

3. To assume the prime responsibility and coordinate with the Courts, the Procuracies, the concerned ministries, branches and People’s Committees of the concerned localities in organizing the enforcement of expulsion penalty.

4. To make statistics on the enforcement of expulsion penalty.

5. To examine, inspect and settle complaints and denunciations about the enforcement of the expulsion penalty.

6. To elaborate budget expenditure estimates for carrying out activities prescribed in Articles 6, 7, 8, 9 and 10 of this Decree, incorporate them in the annual budget estimate of the Ministry of Public Security and send them to the Finance Ministry for consideration and submission to the competent authorities for decision.

Article 11.-The Foreign Ministry shall have to clear the external relations procedures related to the enforcement of the expulsion penalty and exchange and supply relevant information for competent foreign bodies, foreign diplomatic missions and consulates in Vietnam.

Article 12.-The Finance Ministry shall have to ensure funding for the enforcement of the expulsion penalty according to the assigned plans in the annual budget estimates of the Ministry of Public Security.

Article 13.-The Health Ministry shall have to direct and guide its attached medical bodies and hospitals in organizing medical examination and assessment and granting certificates of health conditions for the expellees entitled to the prolongation of the expulsion time limits as provided for at Point a, Clause 1, Article 4 of this Decree.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14.-Those who violate the provisions of this Decree shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability.

Article 15.-

1. This Decree takes effect 15 days after its signing.

2. The Ministry of Public Security shall have to inspect and urge the implementation of this Decree.

Article 16.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.