Decree No. 54/2001/ND-CP dated August 23, 2001 of the Government guiding the execution of expulsion penalty
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, August 23, 2001
GUIDING THE EXECUTION OF EXPULSION PENALTY
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,
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.
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.