PENALTY OF DEPORTATION, MEASURES OF TEMPORARY DETENTION AND ESCORTING OF VIOLATORS UNDER ADMINISTRATIVE PROCEDURES, AND MANAGEMENT OF FOREIGNERS VIOLATING VIETNAMESE LAW DURING PERIOD PENDING DEPORTATION

This Decree provides for:

1. Subjected persons, procedures for imposing the penalty of deportation; rights and obligations of persons subject to the penalty of deportation; management measures for foreigners violating Vietnamese law during the period pending deportation, and responsibilities of agencies and organizations responsible for enforcing the penalty of deportation.

2. Subjected persons, and procedures for temporary detention and escorting of violators under administrative procedures; cases in which the measure of temporary detention or escorting of violators under administrative procedures is applied; and the rights and obligations of persons subject to the measure of temporary detention or escort under administrative procedures.

3. Other regulations related to the imposition of the penalty of deportation, as well as the application of temporary detention and escorting of violators under administrative procedures.

This Decree applies to:

1. Persons committing administrative violations who are subject to temporary detention under administrative procedures (hereinafter referred to as “administrative detention”).

2. Persons committing administrative violations who are subject to escort under administrative procedures.

3. Foreigners who violate Vietnamese law and who, in accordance with the law on penalties for administrative violations, must be subject to the penalty of deportation.

4. Persons competent to impose the penalty of deportation; persons competent to apply the measure of administrative detention; and persons on official duties responsible for carrying out the escorting of violators in accordance with the law.

5. Other agencies, units, and organizations involved in the imposition of the deportation penalty, the application of temporary detention and escorting of violators under administrative procedures, and the management of foreigners violating Vietnamese law during the period pending deportation.

1. The temporary detention or escorting of violators under administrative procedures, and the imposition of the penalty of deportation must ensure compliance with the correct principles, subjects, procedures, jurisdiction, and time limits as prescribed in the Law on Penalties for Administrative Violations, this Decree, and other relevant laws.

2. Any act infringing upon the life, health, honor, dignity, or property of persons subject to temporary detention or escorting under administrative procedures, or deportation is strictly prohibited. Gender equality and the lawful rights and interests of women and children must be ensured.

3. Procedures for the imposition of the deportation penalty, the application of temporary detention and escorting of violators under administrative procedures, and the management of foreigners violating Vietnamese law during the period pending deportation in the electronic environment shall comply with Article 18a of the Law on Penalties for Administrative Violations and Articles 28a and 28b of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government of Vietnam, as amended by Decree No. 68/2025/ND-CP dated March 18, 2025 and Decree No. 190/2025/ND-CP dated July 1, 2025.

1. Funding for the imposition of the penalty of deportation, the management of foreigners violating Vietnamese law during the period pending deportation, and the application of the measure of temporary detention and escorting of violators under administrative procedures shall include:

a) Expenditures on the investment, construction, repair, and upgrading of accommodation establishments managed by the Ministry of Public Security of Vietnam and places of administrative detention;

b) Expenditures on the procurement of equipment, means, weapons, combat gear, and other conditions necessary for the imposition of the penalty of deportation, the management of foreigners violating Vietnamese law during the period pending deportation, and the application of the measure of temporary detention and escorting of violators under administrative procedures;

c) Expenditures on food, drink, medical examination and treatment for persons under administrative detention, and expenses for funeral arrangements when a person under management, administrative detention, or escorting dies during such management, administrative detention, or escorting, in cases where the person concerned or their family is unable to cover the expenses;

d) Expenditures on food, drink, and accommodation at accommodation establishments designated by the Ministry of Public Security of Vietnam for foreigners violating Vietnamese law during the period pending deportation, in cases where the violator is unable to cover the expenses;

dd) Expenditures on the preparation of dossiers requesting the imposition of the deportation penalty, the management of foreigners during the period pending deportation, the search for absconding deportees, and the enforcement of the decision on deportation;

e) Other expenditures serving the imposition of the penalty of deportation, the management of foreigners violating Vietnamese law during the period pending deportation, and the application of the measure of temporary detention and escorting of violators under administrative procedures.

2. Funding for the application of the measure of temporary detention or escorting of violators under administrative procedures, the imposition of the deportation penalty, and the management of foreigners violating Vietnamese law during the period pending deportation shall be provided by the state budget. The preparation of estimates, as well as the management, use, and settlement of funding from the state budget, shall comply with the Law on State Budget and relevant laws.

Foreign individuals committing administrative violations within the territory, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam, or on board aircraft bearing Vietnamese nationality or seagoing vessels flying the Vietnamese flag, shall be subject to the penalty of deportation in accordance with the Law on Penalties for Administrative Violations and Government of Vietnam’s decrees providing for the imposition of penalties for administrative violations in relevant fields.

Persons competent to impose the deportation penalty shall comply with Clause 6, Point dd Clause 7, and Clause 9 Article 8 of Decree No. 189/2025/ND-CP dated July 1, 2025 of the Government of Vietnam.

1. Persons subject to the deportation penalty shall have the following rights:

a) To be informed of the reasons for the deportation, and to receive the decision on the imposition of penalties for administrative violations applying the penalty of deportation (hereinafter collectively referred to as the “decision on deportation”), no later than 48 hours before enforcement;

b) To contact and notify the diplomatic mission or consular office of the country of which they are a citizen;

c) To request the presence of an interpreter when working with competent authorities or persons;

d) To request competent authorities to review the decision on deportation in accordance with the law;

dd) To enjoy the benefits prescribed in Decree No. 65/2020/ND-CP dated June 10, 2020 of the Government of Vietnam;

e) To take their lawful property out of the territory of Vietnam;

g) To lodge complaints or denunciations in accordance with the law.

2. Obligations of deportees

a) To fully comply with the regulations stated in the decision on deportation, except for the case specified in Clause 4 Article 10 of this Decree;

b) To present identification documents upon request of the immigration authorities;

c) To comply with the laws of Vietnam and be subject to the management of the police authorities during the period pending deportation;

d) To promptly fulfill all civil, administrative, economic, and other obligations prescribed by law (if any);

dd) To complete all necessary procedures to leave the territory of Vietnam within the time limit specified in the decision on deportation.

1. Procedures for requesting imposition of deportation penalty:

a) A person performing official duties who detects that a foreigner commits a violation of law falling under cases subject to the deportation penalty shall prepare an administrative violation record in accordance with Clauses 1, 2, 3, 4, 5, 6, 7, and 8 Article 12 of Decree No. 118/2021/ND-CP, amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP, and other decrees providing for penalties for administrative violations in relevant fields;

b) Within the time limit specified in Clause 9 Article 12 of Decree No. 118/2021/ND-CP, amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP, the person preparing the administrative violation record shall send documents related to the violation to the immigration authority of the provincial police authority where the violation occurred to prepare a dossier requesting the imposition of the deportation penalty. For violations detected by central authorities or professional units under the Ministry of Public Security of Vietnam, the relevant documents shall be sent to the Immigration Department under the Ministry of Public Security of Vietnam to prepare a dossier requesting the imposition of the deportation penalty;

c) Within 3 working days from the date of receipt of documents related to the violation, the immigration authority of the provincial police authority or the professional division of the Immigration Department shall inspect such documents; if the conditions for imposing the deportation penalty are not satisfied, the authority detecting the violation must be notified immediately; if the conditions for imposing the deportation penalty are satisfied, the authority shall complete the dossier requesting the imposition of the deportation penalty in accordance with Clause 2 of this Article.

2. The dossier requesting the imposition of the deportation penalty includes:

a) Summary of the personal background and unlawful acts of the person proposed to be subject to the deportation penalty;

b) The administrative violation record of the person proposed to be subject to the deportation penalty;

c) Documents and evidence relating to the administrative violation;

d) Documents concerning previous administrative penalties imposed (for cases of multiple violations or repeated violations);

dd) Written request for the imposition of the deportation penalty, specifying whether deportation is applied as a principal penalty or an additional penalty in the case specified in Point b Clause 1 Article 9 of this Decree.

1. Within 2 working days from the date of completion of the dossier requesting the imposition of the deportation penalty, the immigration authority of the provincial police authority or the professional division of the Immigration Department under the Ministry of Public Security of Vietnam shall proceed as follows:

a) Where the violation falls under the sanctioning jurisdiction of the Head of the Immigration Management Division of the provincial police authority, such competent person shall issue a decision on deportation;

b) Where the violation falls under the sanctioning jurisdiction of the Director of the provincial police authority, the immigration authority of the provincial police authority shall report to the Director of the provincial police authority for consideration and issuance of a decision on deportation against the foreign administrative violator. Where the violation falls under the sanctioning jurisdiction of the Director of the Immigration Department, the professional division of the Immigration Department shall report to the Director of the Immigration Department for consideration and issuance of a decision on deportation against the foreign administrative violator.

2. The decision on deportation shall be made in accordance with Decision Form No. 02 promulgated together with Decree No. 118/2021/ND-CP, amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

3. The decision on deportation must be sent to the deportee and relevant agencies and individuals for enforcement, and be notified no later than 48 hours before enforcement to the Ministry of Foreign Affairs of Vietnam; the consular authority; and the diplomatic mission of the country of which the deportee is a citizen or the country where such person last resided before entering Vietnam.

1. The police authority and the person competent to impose the deportation penalty shall be responsible for enforcing the decision on deportation.

2. The sending of the decision on deportation shall be carried out in accordance with Article 70 of the Law on Penalties for Administrative Violations and Article 17a of Decree No. 118/2021/ND-CP, amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

3. A foreign individual subject to the deportation penalty must comply with the decision on penalty imposition in accordance with Clause 1 Article 73 of the Law on Penalties for Administrative Violations.

4. Where the decision on administrative penalty imposition provides for a fine as the principal penalty and deportation as an additional penalty, the procedures for enforcing the decision on deportation must be carried out in accordance with the Law on Penalties for Administrative Violations and Decree No. 118/2021/ND-CP, amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP. Where coercive enforcement of the decision on administrative penalty imposition has been conducted in accordance with regulations, but the violating person has no property or lacks financial capacity to pay the fine specified in the decision, as well as where it is necessary to meet the requirements for national security protection and maintenance of social order and safety, the penalty of deportation may be immediately enforced. The coercive enforcement measures shall be terminated after the penalty of deportation has been fully enforced.

1. The postponement of the enforcement of the decision on deportation shall be applied in the following cases:

a) The person is seriously ill and requires emergency treatment, or is under medical treatment and therefore unable to comply with the decision on deportation, with certification issued by a health establishment of at least the grassroots level;

b) The person must fulfill civil, administrative, or economic obligations as prescribed by law, except for the case specified in Clause 4 Article 10 of this Decree;

c) The person subject to the deportation penalty is simultaneously an accused person or a party in a case currently handled by an investigation authority;

d) Where deportation cannot be carried out due to epidemics, natural disasters, war, or where the receiving country has not yet agreed to admit the person.

2. The person competent to issue the decision on deportation shall have the authority to decide the postponement of its enforcement.

3. When the grounds for postponement no longer exist, the decision on deportation shall continue to be enforced.

1. The dossier for the imposition of the deportation penalty includes:

a) Decision on deportation;

b) Dossier requesting the imposition of the deportation penalty as prescribed in Clause 2 Article 8 of this Decree;

c) Copy of the passport or copy of another personal identification document in lieu of a passport of the deportee (if any);

d) Documents certifying that other obligations have been fully fulfilled (if any);

dd) Other relevant documents.

2. The immigration authority of the provincial police authority or the professional division of the Immigration Department under the Ministry of Public Security of Vietnam shall prepare the dossier for the imposition of the deportation penalty as prescribed in Clause 1 of this Article, and implement it in accordance with the regulations of the Minister of Public Security of Vietnam on professional record management of the People’s Public Security Force.

1. Where it is necessary to apply management measures to a foreigner violating Vietnamese law during the period pending deportation, as prescribed in Clause 1 Article 130 of the Law on Penalties for Administrative Violations, the person competent to impose the deportation penalty specified in Article 6 of this Decree shall decide the application of management measures to such a foreigner during the period pending deportation.

2. A foreigner violating Vietnamese law during the period pending deportation shall be subject to management measures in the following cases:

a) Where there are grounds to believe that, if necessary management measures are not applied, the person may abscond or obstruct the enforcement of the decision on deportation;

b) Where it is necessary to prevent the person from continuing to commit violations of law.

3. Management measures applicable to foreigners violating Vietnamese law during the period pending deportation include:

a) Restriction of movement of the person subject to management;

b) Designation of a place of residence of the person subject to management;

c) Temporary retention of the passport or other personal identification document in lieu of a passport of the person subject to management.

4. A decision on the application of management measures to a foreigner violating Vietnamese law during the period pending deportation shall contain the following principal contents:

a) Decision number, place, time (hour, minute), and date (day, month, year) of issuance;

b) Full name, rank, position, and agency or unit of the person issuing the decision;

c) Full name, date of birth, nationality, occupation, passport number or number of another document in lieu of a passport of the person subject to the management measure (if any);

d) The management measure applied (specifying the specific measure);

dd) Validity of the decision and duration of the management measure;

e) Scope and place where the restriction of movement applies (for the measure of restriction of movement);

g) The designated place of residence of the person subject to management (for the measure of designation of residence);

h) The reason for temporary retention of the passport or other document in lieu of a passport (for the measure of temporary retention of such documents);

i) Full name, signature, and seal of the issuing authority;

k) The authority responsible for organizing the enforcement of the decision.

5. Where the measure of designation of a place of residence is applied, the foreigner violating Vietnamese law during the period pending deportation shall be designated to stay at an accommodation establishment managed by the Ministry of Public Security of Vietnam or another accommodation establishment designated by the Ministry of Public Security of Vietnam. This measure shall be applied in the following cases where the foreigner:

a) Does not possess a passport or documents in lieu of a passport, or the necessary conditions for deportation have not yet been satisfied;

b) Has no place of residence or has exceeded the permitted duration of stay;

c) Violates Clause 2 of this Article or fails to comply with management and supervision measures imposed by the competent authority;

d) Commits a violation of law or where there are grounds to believe that the person may commit violations while awaiting exit from Vietnam;

dd) Has absconded, is preparing to abscond, or commits other acts that obstruct the enforcement of the decision on deportation;

e) Suffers from an infectious disease requiring medical quarantine in accordance with the law on prevention and control of infectious diseases;

g) Suffers from mental illness or another illness resulting in loss of cognitive or behavioral control capacity;

h) Voluntarily requests admission to an accommodation establishment.

6. Administrative detention houses, administrative detention rooms, criminal custody houses, detention centers, and prisons shall not be used for managing foreigners violating Vietnamese law during the period pending deportation. 

7. When designating a place of residence for the person subject to management, the competent person specified in Clause 1 of this Article shall send to the accommodation establishment copies of the following documents from the person’s record: the decision on the application of management measures to foreigners violating Vietnamese law during the period pending deportation; the summary of personal background and unlawful acts of the person proposed to be placed under management.

1. Accommodation entitlements applicable to foreigners subject to the deportation penalty during the period pending deportation shall comply with Chapter II of Decree No. 65/2020/ND-CP.

2. Expenditures on such entitlements for accommodated persons shall comply with Decree No. 65/2020/ND-CP.

1. Responsibilities of the Immigration Department of the Ministry of Public Security of Vietnam:

a) Prepare the dossier for enforcement of the decision on deportation, including: decision on deportation; copy of the passport or copy of another personal identification document in lieu of a passport of the deported person; documents certifying that other obligations have been fulfilled (if any); and other relevant documents;

b) Send the decision on deportation in accordance with Clause 2 Article 10 of this Decree, and send the decision on postponement of enforcement of the decision on deportation and the decision on the application of management measures to foreigners violating Vietnamese law during the period pending deportation, within 3 working days from the date of issuance, to the Ministry of Foreign Affairs of Vietnam for notification to the diplomatic mission or consular office of the country of which the person is a citizen; and at the same time, send a copy of the decision to the deportee for implementation;

c) Collect and receive information and documents necessary for organizing the enforcement of the decision on deportation;

d) Cooperate with relevant authorities to ensure the rights and obligations of the deportee;

dd) Organize the deportation in accordance with the decision.

2. Responsibilities of the local police authority where the dossier requesting the imposition of the deportation penalty is prepared:

a) Prepare the dossier for enforcement of the decision on deportation as prescribed in Point a Clause 1 of this Article;

b) Collect and receive information and documents necessary for organizing the enforcement of the decision on deportation;

c) Manage the person concerned during the preparation of the dossier requesting the imposition of the deportation penalty in accordance with Article 13 of this Decree;

d) Hand over the person concerned to the immigration authority upon request;

dd) Cooperate with the immigration authority and the border-checkpoint management authority in enforcing the decision on deportation;

e) Cooperate with relevant authorities to ensure the rights and obligations of the deportee.

Administrative detention shall only be applied in the following cases:

1. Where it is necessary to immediately prevent or terminate acts disturbing public order or causing injury to others.

2. Where it is necessary to immediately prevent or terminate acts of smuggling or illegal transportation of goods across the border.

3. For the purpose of executing a decision on placement in a reformatory school, compulsory education institution, or compulsory drug rehabilitation establishment.

4. Where a domestic violence perpetrator violates a contact prohibition order in accordance with the law on prevention and control of domestic violence.

5. For the purpose of determining drug addiction status for persons illegally using narcotic substances.

In the cases specified in Article 16 of this Decree, the persons having the authority to decide the administrative detention shall be determined in accordance with Article 123 of the Law on Penalties for Administrative Violations.

1. The duration of administrative detention shall comply with Clause 3 Article 122 of the Law on Penalties for Administrative Violations.

2. The duration of administrative detention must be specified in the decision on administrative detention issued by the competent person.

1. The person competent to decide the administrative detention shall prepare a record of the handover and receipt of the person committing an administrative violation with the organization or individual escorting such person, or assign a person performing official duties to prepare such record in accordance with Record Form No. 22 promulgated together with Decree No. 118/2021/ND-CP, amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

2. Immediately after the record of handover has been prepared, if it is considered necessary to apply administrative detention, the competent person shall promptly issue a decision on administrative detention.

Where there are insufficient grounds, or it is not necessary to apply the measure of administrative detention, the competent person shall immediately release the person and return their personal belongings, property, vehicles, and documents (if any), provided that such items are not subject to temporary seizure as exhibits or means of administrative violation.

3. The record of handover and receipt of the person committing an administrative violation must be made in 2 copies and read aloud to all persons participating in the signing of the record; 1 copy shall be kept by the receiving party and 1 by the handing-over party.

1. Where there are sufficient grounds for administrative detention as prescribed in Article 16 of this Decree, and it is considered necessary to apply such a measure to a person who has violated the law, the competent person shall promptly issue a decision on administrative decision.

2. The decision on administrative detention shall be made in accordance with Decision Form No. 18 promulgated together with Decree No. 118/2021/ND-CP, amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

3. Where there are grounds to believe that the violation committed by the administratively detained person shows signs of a criminal offence, the person issuing the decision on administrative detention shall immediately transfer the relevant case record and the detained person to the authority competent to institute criminal proceedings for settlement in accordance with Article 62 of the Law on Penalties for Administrative Violations.

4. In all cases, administrative detention must be based on a written decision issued by a competent person. Detaining a person without a written decision is strictly prohibited.

1. Where it is necessary to extend the duration of administrative detention as prescribed in Clause 3 Article 122 of the Law on Penalties for Administrative Violations, the person competent to impose administrative detention shall issue a decision on extension of the duration of administrative detention before the expiry of the administrative detention period specified in the decision on administrative detention.

2. The decision on the extension of the duration of administrative detention shall be made in accordance with Decision Form No. 19 promulgated together with Decree No. 118/2021/ND-CP, amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

3. The decision on the extension of the duration of administrative detention shall be made in 2 copies: 1 copy shall be delivered to the person under administrative detention, and the other copy shall be kept in the administrative detention record.

1. The measure of administrative detention shall be cancelled in the following cases:

a) The person under administrative detention falls ill as prescribed in Point c Clause 1 Article 29 of this Decree;

b) There are grounds to believe that the violation committed by the person under administrative detention shows signs of a criminal offence;

c) The grounds for administrative detention no longer exist, while the detention duration stated in the decision on administrative detention has not yet expired.

2. The competent person who has issued the decision on administrative detention shall issue a decision to cancel the application of the measure of administrative detention. The decision to cancel the application of the measure of administrative detention shall be made in 2 copies, 1 copy delivered to the person concerned, and 1 copy kept in the case record.

3. The decision to cancel the application of the measure of administrative detention shall be made in accordance with Decision Form No. 29 promulgated together with Decree No. 118/2021/ND-CP, amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

4. The decision to cancel the application of the measure of administrative detention shall be recorded in the register for monitoring persons under administrative detention. It shall also bear the confirmation signature of the person whose detention is cancelled. If the concerned person refuses to provide their signature, the person issuing the decision to cancel the application of the measure of administrative detention shall prepare a record or assign the person directly performing the administrative detention duty to prepare such record, specifying the reason. The record must bear the signatures of the witness (if any), the person preparing the record, and the person issuing the decision to cancel the application of the measure of administrative detention.

5. Where the case falls under Point b Clause 1 of this Article, the person issuing the decision to cancel the application of the measure of administrative detention shall transfer the case record and hand over the person under administrative detention together with exhibits and means of violation (if any) to the authority competent to institute criminal proceedings for settlement in accordance with the law.

1. Places for administrative detention shall comply with Clauses 5 and 6 Article 122 of the Law on Penalties for Administrative Violations.

2. An administrative detention house or administrative detention room must be solidly designed and constructed, be equipped with door locks installed on the outside, have adequate lighting and ventilation, ensure hygienic conditions, meet the requirements for management and fire prevention and firefighting, and facilitate supervision and guarding. Persons detained overnight must be provided with beds, together with mats, blankets, and mosquito nets; the minimum sleeping area for each person shall be 2m².

3. Children under administrative detention shall be placed in a separate detention room, separated from adult detainees.

1. Notification of the decision on administrative detention shall be carried out in accordance with Clause 4 Article 122 of the Law on Penalties for Administrative Violations. If notification cannot be made, the person under administrative detention must be informed accordingly, and the reason must be clearly recorded in the register for monitoring persons under administrative detention.

2. Where the person under administrative detention is a foreigner, the person issuing the decision on administrative detention shall immediately report to the head of the competent superior authority so that a written notification may be promptly sent to the Ministry of Foreign Affairs of Vietnam for notification to the consular office or diplomatic mission of the country of which that person is a citizen. The authority issuing the decision shall also cooperate with the Ministry of Foreign Affairs of Vietnam in arranging consular visits by representatives of the relevant consular office or diplomatic mission, where requested, and in handling other related foreign affairs matters.

Upon receipt of a person under administrative detention, the person assigned to receive and manage such person shall:

1. Inspect and verify the decision on administrative detention against the person under administrative detention.

2. Inspect and record the health condition of the person under administrative detention.

3. Inspect personal belongings and items permitted to be carried by the detained person; inform the person of their rights and obligations, the rules of the place of administrative detention, and other relevant regulations.

4. Enter the person’s information into the register for monitoring persons under administrative detention.

1. The person assigned to manage persons under administrative detention shall regularly supervise, guard, and strictly manage such persons, ensuring security, safety, and order at the place of administrative detention, and preventing the detained person from escaping or causing self-injury.

2. If it is discovered that the person under administrative detention has injuries or abnormal psychological, health, or behavioral signs, the person assigned to perform the management duty shall prepare a record describing the condition of the person and immediately report to the person issuing the decision on administrative detention or the head of the detention facility so that medical examination and treatment may be arranged promptly and appropriate handling measures are applied.

3. Where circumstances related to the violation are discovered or where the person under administrative detention is found to have concealed weapons, explosives, combat gear, exhibits, or means of administrative violation, a record of discovery and a record of temporary seizure of such weapons, explosives, combat gear, exhibits, or means of administrative violation must be prepared.

4. The personal belongings and property of the person under administrative detention must be deposited for safekeeping at the place of administrative detention. The handover and receipt of deposited property must be fully and specifically recorded in the register for monitoring persons under administrative detention and bear the confirmation of the detained person.

5. Where the deposited belongings or property are numerous or of high value, the officer responsible for management shall prepare a record of deposited property, specifying the quantity, type, identifying marks, form, condition of the items, and other relevant matters. The record of deposited property must be made in 2 copies, bearing the signature of the person under administrative detention, as well as the signature of the person responsible for safekeeping. Each party shall retain 1 copy.

6. Upon expiry of the administrative detention period or when the person under administrative detention is transferred to another place, the detained person shall be returned all deposited belongings and property. If the deposited property is found to be lost or damaged, the person under administrative detention has the right to request compensation from the detaining authority in accordance with the law.

1. A person under administrative detention has the following rights:

a) To be notified of the application of the measure of administrative detention;

b) To be informed of the reasons for detention, the detention period, and the place of detention, and to lodge complaints regarding the detention;

c) To request the person issuing the decision on administrative detention to notify their family, workplace, or educational institution of the detention in accordance with Clause 1 Article 24 of this Decree;

d) To contact and meet with a lawyer or a legal aid provider;

dd) To be provided with meals in accordance with Article 28 of this Decree;

e) To receive medical examination and treatment when ill in accordance with Article 29 of this Decree.

2. A person under administrative detention has the following obligations:

a) To strictly comply with the decision on administrative detention and the rules and regulations of the place of administrative detention;

b) To comply with the requests and orders of the person issuing the decision on administrative detention and the person assigned to manage and guard the place of administrative detention;

c) To refrain from bringing into the place of administrative detention any weapons, explosives, combat gear, equipment, electronic devices capable of transmitting or receiving signals, harmful cultural materials, alcohol, beer, intoxicants, or other items that may affect security and order at the place of administrative detention.

1. Where the person under administrative detention or their family cannot provide meals, the agency or unit of the person issuing the decision on administrative detention shall ensure meal entitlements for the detained person at the following daily ration per person: 0,6 kg of ordinary rice; 0,2 kg of pork; 0,5 kg of vegetables; 2 liters of boiled drinking water; fish sauce, salt, other condiments, and appropriate fuel. This meal entitlement shall be funded by the state budget and converted into monetary value according to market prices in each local area at each period.

2. Meal entitlements on public holidays, festivals, and Tet shall be implemented as follows:

a) On Lunar New Year (Tet), the detained person shall be provided with additional meals, but the total meal allowance (including the additional portion) shall not exceed 5 times the normal daily ration;

b) On New Year’s Eve and other public holidays, the detained person shall be provided with additional meals, but the total meal allowance (including the additional portion) shall not exceed 3 times the normal daily ration;

c) The agency responsible for administrative detention may adjust the food quantities mentioned above to suit practical conditions, cultural practices, religion, and dietary preferences of the detained person to ensure that the entire ration is consumed.

3. Agencies or units responsible for administrative detention shall maintain accounting records and registers for monitoring the management, use, and settlement of funding for meal entitlements of persons under administrative detention in accordance with the law.

1. Handling of cases where a person under administrative detention falls ill:

a) Where a person under administrative detention becomes ill during detention, treatment shall be provided on-site;

b) Where the illness requires emergency treatment, the agency, unit, and the person directly responsible for managing the detained person shall take the person to the nearest health establishment for treatment, and immediately notify the person’s family or relatives so that they may provide care;

c) Where the family or relatives of the detained person submit a written request to take the person home for care, and it is considered unnecessary to continue the administrative detention, the person competent to impose administrative detention may decide to cancel the detention measure in accordance with Article 22 of this Decree;

d) Where the person under administrative detention has no fixed residence or the family or relatives live far away and cannot arrive promptly, the agency or unit responsible for the administrative detention shall directly assume responsibility for caring for the detained person.

2. Handling of cases where a person under administrative detention dies during detention:

a) Where a person under administrative detention dies during detention, the person issuing the decision on administrative detention shall immediately notify the competent investigation authority and the People’s Procuracy for handling in accordance with the law; at the same time, a record of the death must be prepared, the scene must be preserved in accordance with regulations, and the family or relatives must be immediately informed. The family shall be responsible for funeral arrangements;

b) Where the person under administrative detention dies and has no family or relatives, funeral arrangements shall be handled by the agency or unit responsible for the administrative detention in cooperation with the local authority at the place of administrative detention; the funeral expenses in such a case shall be covered by the state budget in accordance with the law;

c) Where the person under administrative detention who dies is a foreigner, the person issuing the decision on administrative detention shall immediately report to the competent superior authority so that notification can be made to the Ministry of Foreign Affairs of Vietnam or a competent state authority, and cooperate with the consular office or diplomatic mission of the country of which the deceased is a citizen in handling the matter.

3. A record of the death of a person under administrative detention during detention must contain the following basic contents:

a) Full name and date of birth of the person under administrative detention;

b) Personal identification number, passport number, or other relevant personal identification documents;

c) Place of administrative detention;

d) Health condition of the detained person at the time of receipt;

dd) The process of managing the detained person from the time of receipt until death;

e) Cause of death.

1. A violator who fails to voluntarily comply with the request of a competent person, without objective obstacles or force majeure, shall be escorted in the following cases:

a) Where the person is subject to administrative detention;

b) For the purpose of escorting the person to, or returning the person to, a reformatory school, compulsory education institution, or compulsory drug rehabilitation establishment in accordance with Article 124 of the Law on Penalties for Administrative Violations.

2. The persons performing official duties specified in Article 31 of this Decree shall carry out the escorting of violators.

The following persons on official duties shall carry out the escorting of violators under administrative procedures (hereinafter referred to as the “escorting officer”):

1. Competent persons on official duties within the following forces and authorities: People’s Public Security Forces, Border Guard Forces, Coast Guards, Customs authorities, Forest Rangers, Tax authorities, Market surveillance authorities, Civil judgment inspection and enforcement authorities, Fisheries surveillance forces, Maritime port authorities, Aviation port authorities, and Inland waterway port authorities.

2. Other competent persons on official duties as prescribed by the Law on Penalties for Administrative Violations and other relevant laws.

1. Before escorting a violator, the escorting officer shall explain to the escorted person their rights and obligations during the escorting process in accordance with the law, and answer any questions raised by the escorted person.

2. During the escorting process, the safety of both the escorting officers and the escorted person must be ensured. The use of weapons or combat gear during escorting shall comply with the law on the management and use of weapons, explosives, and combat gear.

3. The escorting officer shall closely supervise and strictly manage the escorted person, remain vigilant and proactive, and promptly handle complicated situations that arise during the escorting process. Such an officer shall not arbitrarily satisfy requests made by the escorted person while escorting is in progress.

1. The handover of an escorted person must be recorded in a record of handover of escorted person, prepared in accordance with Form No. 22 promulgated together with Decree No. 118/2021/ND-CP, amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

2. Upon arrival at the location where the escorting is to be carried out, the escorting officer shall invite a representative of the local authority where the escorted person resides or is under management, a representative of the agency or organization where the escorted person works or studies, and a witness.

3. The person receiving the escorted person shall verify and compare the related photographs and personal identification documents to confirm the correct identity of the violator being escorted under administrative procedures.

1. Where the escorted person is a minor or engages in resistance, verbal abuse, or insults without using physical force, the escorting officer shall provide legal explanations and require the violator to comply. Where the escorted person uses physical force to attack, the escorting officer has the right to use force, tie, or restrain the hands and feet, and use weapons or combat gear in accordance with the law to restrain and neutralize the resisting acts of the escorted person.

2. Where the escorted violator absconds, the escorting officer shall request those present to assist in apprehending the person. If the person cannot be immediately apprehended, the escorting officer shall promptly report to the head of the unit and contact the local authority where the incident occurs to arrange measures for searching for the absconding violator. At the same time, a record of the escorted person’s absconding must be prepared and signed by a witness. If no witness is available, the reason must be specified in the record.

3. Where the escorted person suddenly falls ill and requires emergency medical treatment, the escorting officer shall promptly take the person to the health establishment. The continuation of escorting or transfer to a higher-level health establishment for further treatment must be supported by a written confirmation issued by the health establishment regarding the health condition of the escorted person. The escorting officer shall immediately report the matter to their direct superior. During the period of emergency treatment at the health establishment, the escorting officer shall prepare plans for guarding and closely supervise the violator, ensuring that the violator does not abscond or freely contact other persons.

4. Where the escorted person dies, the body must be taken to the nearest health establishment. The head of the unit, the investigation authority, and the People’s Procuracy where the incident occurs shall be immediately notified so that relevant procedures may be carried out in accordance with the law.

5. In all cases of escorting violators, the necessary conditions must be prepared in advance, and prior cooperation must be carried out with the local authorities at the destination to which the violator is to be escorted.

1. Take charge and cooperate with ministries, ministerial agencies, and provincial People’s Committees in organizing the implementation of the deportation penalty and the measure of temporary detention and escorting of violators under administrative procedures, and in managing foreigners who violate Vietnamese law during the period pending deportation.

2. Direct and guide police units and local authorities in implementing the penalty of deportation and the measure of temporary detention and escorting of violators under administrative procedures, and in establishing, registering, and managing case records in accordance with the regulations on professional record management of the People’s Public Security Forces; manage foreign violators of Vietnamese law who are subject to deportation during the period pending deportation; organize deportation in accordance with the deportation decision; hand over deportees to the immigration authority when requested; and cooperate with relevant authorities in ensuring the exercise of the rights and obligations of deportees.

3. Conduct inspections and examinations and settle complaints and denunciations relating to the imposition of the deportation penalty and the application of the measure of temporary detention or escorting of violators under administrative procedures, and the organization of the enforcement of deportation decisions.

4. Compile statistics on the imposition and enforcement of deportation decisions.

1. Handle foreign affairs-related procedures concerning the enforcement of deportation decisions and other relevant procedures in cases where persons subject to temporary detention or escorting under administrative procedures are foreigners.

2. Exchange and provide information to competent foreign authorities, consular offices, and diplomatic missions of the country of which the violator is a citizen, in cases where the person is subject to temporary detention or escorting under administrative procedures, and the deportation penalty, or those of the country where the deportee last resided before entering Vietnam.

3. Direct the foreign affairs authorities of provinces and cities to cooperate with competent authorities, consular offices, or diplomatic missions of the country of which the violator is a citizen in cases where the violator is under administrative detention or deported and dies, in handling the matter.

1. Ensure recurrent funding for the temporary detention and escorting of violators under administrative procedures and the deportation penalty, in accordance with the law on the state budget.

2. Develop and allocate investment capital plans from the state budget for the investment, construction, and repair of places of administrative detention and accommodation establishments managed by the Ministry of Public Security of Vietnam.

1. Direct and guide affiliated agencies, units, and competent forces in implementing the temporary detention or escorting of violators under administrative procedures in accordance with this Decree and relevant laws.

2. Cooperate with the Ministry of Public Security of Vietnam and other ministries and central authorities in implementing and exchanging information related to deportation and the temporary detention or escorting of violators under administrative procedures.

Direct and guide health authorities and health establishments under its management in organizing medical examination, treatment, health care, and medical assessment, in accordance with the law, for persons subject to the deportation penalty or administrative detention.

Within the scope of their functions and powers, cooperate with ministries and relevant authorities in directing local competent authorities regarding the implementation of the deportation penalty and the temporary detention or escorting of violators under administrative procedures.

Cooperate with competent authorities in implementing the deportation penalty.

1. This Decree comes into force as of April 1, 2026 and replaces Decree No. 142/2021/ND-CP dated December 31, 2021 of the Government of Vietnam.

2. Article 66 of Decree No. 282/2025/ND-CP dated October 30, 2025 of the Government of Vietnam is hereby annulled.

3. Addition of Clause 4 after Clause 3 Article 47 of Decree No. 296/2025/ND-CP dated November 16, 2025 of the Government of Vietnam:

“4. Where a decision on penalties for administrative violations provides for a principal penalty of a fine and an additional penalty of deportation, but the violating person has no property or lacks the financial capacity to pay the fine as prescribed in the penalty imposition decision, and it is necessary to meet the requirements for ensuring national security and social order and safety, and the deportation penalty has been executed, the cessation of the enforcement shall comply with the Government of Vietnam’s Decree providing for the penalty of deportation, the measure of temporary detention and escorting of violators under administrative procedures, and the management of foreigners violating Vietnamese law during the period pending deportation.”.

From the effective date of this Decree:

1. Decisions on deportation, decisions on the application of management measures to foreigners violating Vietnamese law during the period pending deportation, decisions on administrative detention, decisions on extension of administrative detention duration, and decisions on cancellation of the administrative detention measure, issued under Decree No. 142/2021/ND-CP dated December 31, 2021 of the Government of Vietnam, shall continue to be implemented until their expiry.

2. For case records currently being handled by competent authorities or persons, but for which the decisions specified in Clause 1 of this Article have not yet been issued, such decisions shall be considered and issued in accordance with this Decree.

1. The Ministry of Public Security of Vietnam shall assist the Government of Vietnam in monitoring, inspecting, and urging the implementation of this Decree.

2. Ministers, Directors of ministerial agencies, Directors of governmental agencies, and Presidents of provincial People’s Committees shall implement this Decree.