Decree No. 97/2006/ND-CP dated September 15, 2006 of the Government providing for the application of the sanction of expulsion under administrative procedures
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, September 15, 2006
PROVIDING FOR THE APPLICATION OF THE SANCTION OF EXPULSION UNDER ADMINISTRATIVE PROCEDURES
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the April 28, 2000 Ordinance on Entry, Exit and Residence of Foreigners in Vietnam;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Public Security,
Article 1.- Governing scope
1. This Decree provides for subjects of expulsion, procedures for the application of the sanction of expulsion, measures for managing violators during the period of completion of expulsion procedures, rights and obligations of persons subject to expulsion, and responsibilities of agencies and organizations in organizing the application of the sanction of expulsion.
2. Expulsion under administrative procedures means compelling foreigners who have committed violations of law to leave the territory of the Socialist Republic of Vietnam according to legal provisions on handling of administrative violations.
Article 2.- Subjects of application
1. This Decree applies to foreigners who have intentionally or unintentionally committed acts of violating Vietnamese law and, therefore, are subject to expulsion in accordance with legal provisions on handling of administrative violations.
2. Foreigners who commit crimes and are sentenced to expulsion by the court shall not be governed by this Decree but comply with the provisions of the Government's Decree No. 54/2001/ND-CP of August 23, 2001.
3. In case where treaties to which the Socialist Republic of Vietnam is a contracting party contain provisions different from those of this Decree, the provisions of such treaties shall apply.
Article 3.- Principles of application
1. The sanction of expulsion must be applied to proper subjects in accordance with the procedures, competence and time limits prescribed in the Ordinance on Handling of Administrative Violations, this Decree and other provisions of law.
2. All acts of infringing upon the life, health, honor, dignity or property of the expellees are strictly prohibited.
Article 4.- Funds
1. Funds for compilation of dossiers of request for application of the sanction of expulsion, for management of foreigners during the period of completion of expulsion procedures, for search of expellees who escape, and for execution of expulsion decisions shall be covered by the state budget and incorporated in the annual budget estimates of the Ministry of Public Security.
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