Decree No. 112/2013/ND-CP providing the sanction of expulsion and the measures of temporary custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of the Vietnamese law

 THE GOVERNMENT

Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of expulsion and the measures of temporary custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of the Vietnamese law pending the completion of expulsion procedures

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 21, 2007 Law on Prevention and Combat of Domestic Violence;

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

At the proposal of the Minister of Public Security,

The Government promulgates the Decree providing the sanction of expulsion, the measures of temporary custody and escorted transfer according to administrative procedures, and management of foreign violators of the Vietnamese law pending the completion of expulsion procedures.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides:

1. Subjects, competence, procedures for holding in temporary custody and escorted transfer of persons according to administrative procedures, cases of application of the measures of temporary custody and escorted transfer according to administrative procedures, and other issues related to the application of the measures of temporary custody and escorted transfer of persons according to administrative procedures.

2. Persons subject to expulsion, procedures for applying the sanction of expulsion, the measure of management of violators pending the completion of expulsion procedures, rights and obligations of persons subject to expulsion and responsibilities of agencies and organizations in the execution of the sanction of expulsion.

Article 2. Subjects of application

This Decree applies to:

1. Persons who commit violations and are held in temporary custody according to administrative procedures in the cases specified in Article 11 of this Decree.

2. Foreigners subject to expulsion as prescribed in the decrees on sanctioning of administrative violations.

3. Persons competent to impose the sanction of expulsion, persons competent to apply measures to deter administrative violations and assure the handling thereof.

4. Other agencies and organizations related to the application of the sanction of expulsion and measures to deter administrative violations and ensure the handling thereof.

Article 3. Principles of application

1. The temporary custody and escorted transfer of persons according to administrative procedures and the application of the sanction of expulsion must ensure proper subjects, procedures, competence and time limits provided in the Law on Handling of Administrative Violations, this Decree and other relevant laws.

2. All acts of infringing upon the life, health, honor, dignity and property of persons who are held in temporary custody and transferred with escorts according to administrative procedures and persons subject to expulsion are strictly prohibited.

3.  In all circumstances, the holding in temporary custody and escorted transfer of persons according to administrative procedures or the application of the sanction of expulsion must have written decisions of competent persons defined in Articles 12, 25 and 7 of this Decree. A copy of such decision must be handed over to the held, transferred or expelled person. The decision issuer shall take responsibility for his/her decision.

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