Chương VII Luật Thi hành án hình sự 2019: Thi hành án phạt trục xuất

Chapter VII

EXECUTION OF EXPULSION SENTENCE

Article 118. Expulsion sentence execution decisions

1. In case expulsion is the principal penalty or an additional penalty while the principal penalty is a fine, the court which has conducted the first-instance trial shall issue a judgment execution decision. Such a decision must clearly indicate the full name and position of the decision maker; the judgment to be executed; the full name, date of birth and place of residence of the sentenced person; additional penalty(ies); and the name of the agency responsible for executing the sentence.

2. In case expulsion is an additional penalty, the judgment execution decision must fully indicate the principal penalty and the additional penalty, except the case specified in Clause 1 of this Article.

Article 119. Notification of expulsion sentence execution

1. A court which issues an expulsion sentence execution decision under Clause 1 of Article 118 of this Law shall promptly send this decision to the criminal judgment execution agency of the provincial-level police department, the same-level procuracy and the provincial-level Justice Department of the place in which the issuing court is based. The criminal judgment execution agency of the provincial-level police department shall deliver the judgment execution decision to the sentenced person and promptly notify such to the Ministry of Foreign Affairs of Vietnam, the diplomatic representation mission or the consular office of the country of which the sentenced person is a citizen or the representative office of the international organization in which he/she works, and the agency or organization which has sponsored his/her entry in Vietnam. In case the sentenced person is held in a detention center, the decision shall be sent to the detention center and the criminal judgment execution agency of the district-level police office in the place of detention for subsequent delivery to such person.

2. In case an inmate is subject to the additional penalty of expulsion under Clause 2, Article 118 of this Law, 2 months before the expiration of the prison sentence term, the superintendent of the prison notify in writing to such inmate and the criminal judgment execution agency of the provincial-level police department of the place in which the prison is based. The criminal judgment execution agency of the provincial-level police department shall notify such to the Ministry of Foreign Affairs of Vietnam, the diplomatic representation mission or the consular office of the country of which the person subject to the expulsion sentence is a citizen or the representative office of the international organization in which he/she works, and the agency or organization which has sponsored his/her entry in Vietnam.

Article 120. Expulsion sentence execution dossiers

1. Criminal judgment execution agencies of provincial-level police departments shall compile expulsion sentence execution dossiers.

2. An expulsion sentence execution dossier comprises:

a) A copy of the legally effective judgment; the expulsion sentence execution decision or a copy of the prison sentence execution decision in case expulsion is an additional penalty;

b) A copy of the passport or a copy of a valid substitute paper of the sentenced person;

c) Written certification of complete serving of other penalties or fulfillment of other obligations;

d) Other relevant documents.

Article 121. Stay pending exit

1. Pending his/her exit from Vietnam, a person subject to the expulsion sentence shall stay in a place designated by the criminal judgment execution agency of the provincial-level police department.

2. The criminal judgment execution agency of the provincial-level police department shall send a person subject to expulsion to an accommodation establishment of the Ministry of Public Security in case he/she:

a) has no place of permanent residence or temporary residence:

b) has illegally entered the country or committed a serious, very serious or extremely serious crime;

c) has left the previously designated accommodation establishment without permission or failed to comply with management and supervision measures of a competent agency;

d) has committed an illegal act or is believed to be likely to commit an illegal act pending his/her exit;

dd) has escaped, prepared for escape or otherwise obstructed the execution of the expulsion sentence;

e) has contracted an infectious disease category A specified in the Law on Prevention and Control of Infectious Diseases; or

g) wishes to stay in an accommodation establishment.

3. Procedures for sending a person subject to the expulsion sentence to an accommodation establishment are as follows:

a) In case he/she is on bail, the criminal judgment execution agency of the provincial-level police department shall escort him/her to an accommodation establishment;

b) In case he/she is held in a detention center, the criminal judgment execution agency of the district-level police office of the place of detention shall, upon receiving the judgment execution decision, hand over him/her to the criminal judgment execution agency of the provincial-level police department for escorting him/her to an accommodation establishment;

c) If the inmate subject to the additional penalty of expulsion has completely served the prison sentence, the prison shall hand over him/her to the criminal judgment execution agency of the provincial-level police department for escorting him/her to an accommodation establishment.

4. In case a person subject to the expulsion sentence dies pending his/her exit from Vietnam, the designated accommodation establishment or place of stay shall promptly notify the death to the criminal judgment execution agency of the provincial-level police department, an investigative agency or a competent procuracy for identifying the cause of the death. The criminal judgment execution agency of the provincial-level police department shall notify the death in writing or via fax to the court which has issued the expulsion sentence execution decision, the Ministry of Foreign Affairs of Vietnam, the diplomatic mission or consular office of the country of which he/she is a citizen or the representative office of the international organization in which he/she works and the agency or organization which has guaranteed his/her entry in Vietnam. After obtaining permission of a competent agency, the criminal judgment execution agency of the provincial-level police department shall organize his/her burial. In case his/her relative or lawful representative requests to receive his/her corpse for burial and bear burial expenses, the criminal judgment execution agency of the provincial-level police department shall consider and settle the request.

5. The Government shall specify food rations, accommodation and other daily-life activities, visits, medical examination and treatment for persons subject to the expulsion sentence during their stay in accommodation establishments, and expenses for burial of those who die in these establishments.

Article 122. Handling of cases of escaped persons subject to the expulsion sentence

1. In case a person subject to the expulsion sentence escapes, the designated accommodation establishment or place of stay shall take a record thereon and promptly notify such to the criminal judgment execution agency of the provincial-level police department of the place in where the designated accommodation establishment or place of stay is located. Upon receiving such notice, the criminal judgment execution agency of the provincial-level police department shall promptly organize the pursuit of the escaped person. If the pursuit is in vain, the criminal judgment execution agency of provincial-level police department shall release a wanted notice within 7 days.

2. If the escaped person turns him/herself in, the receiving agency shall take a report thereon and notify such to the criminal judgment execution agency of the provincial-level police department for the latter to receive and send him/her to an accommodation establishment.

Article 123. Compulsion of exit from Vietnamese territory

1. Upon the expiration of the time limit for a person subject to the expulsion sentence to leave the Vietnamese territory, the criminal judgment execution agency of the provincial-level police department shall cooperate with a competent immigration management agency in checking the personal identity paper of such person and escort him/her to the place of exit and compel his/her to leave the Vietnamese territory. Such person may carry along his/her lawful personal possessions on his/her exit. Within 10 days after completely executing the expulsion sentence, the criminal judgment execution agency of the provincial-level police department shall notify the execution to the court which has issued the judgment execution decision, the same-level procuracy and the national center for personal judicial records.

2. The court which has issued the judgment execution decision is competent to decide on extension of the time limit for compelled exit from the Vietnamese territory of the sentenced person who:

a) is seriously ill or under intensive medical care and therefore unable to move as certified by a medical agency or a provincial- or higher-level hospital;

b) is currently serving another judgment or performing another obligation under Vietnam's law; or

c) cannot leave the Vietnamese territory for a plausible reason as certified by the head of the criminal judgment execution agency of the provincial-level police department.

3. Within 3 working days from the date on which the decision on extension of the time limit for compelled exit from the Vietnamese territory is issued, the court shall send it to criminal judgment execution agency of provincial-level police department where the court which has issued the judgment execution decision is based and the same-level procuracy.

Article 124. Expulsion expenses

Persons serving the expulsion sentence shall bear all air, road, railway and sea travel fares for their exit from the Vietnamese territory. In case such a person is unable to bear these expenses him/herself, the criminal judgment execution agency of the provincial-level police department shall cooperate with the immigration management agency in requesting the diplomatic mission or consular office of the country of which such person is a citizen or the representative office of the international organization in which he/she works or the agency or organization which has sponsored his/her entry in Vietnam to pay expenses for sending him/her to his/her country. In case a request has already been made but such agency or organization still fails to pay expenses and expulsion must be executed immediately for a national security reason, the head of the criminal judgment execution agency of the provincial-level police department shall report such to the criminal judgment execution management agency of the Ministry of Public Security for decision on use of the slate budget to pay air, road, railway and sea travel fares for such person.