Chapter IV
ESCORT OF PEOPLE UNDER ADMINISTRATIVE PROCEDURES
Article 30. Escorting violators
1. Violators who do not voluntarily abide by requests of competent persons but not due to objective hindrance or force majeure circumstances shall be escorted in the following cases:
a) Being temporarily detained under administrative procedures;
b) Being sent to or returned to reformatories, correctional facilities, compulsory detoxification establishments as prescribed in Article 124 of the Law on Handling of Administrative Violations.
2. Competent persons on official duty specified in Article 31 of this Decree shall escort violators.
3. During the escort time, the management of the escortee shall comply with Articles 25, 28 and 29 of this Decree.
Article 31. Enforcement of escort
The following persons on official duty shall escort violators under administrative procedures:
1. Competent persons on official duty of the People's Public Security, Border Guards, Coast Guards, Customs, Forest Protection, tax authorities, market management, inspection and enforcement agencies, Civil judgment enforcement agencies, Forest Protection, Tax, Fisheries Control, Market Management, Inspector.
2. Competent persons on other official duties in accordance with the Law on Handling of Administrative Violations and other relevant legal documents.
Article 32. Escort procedures
1. Before escorting the violator, the person on duty performing the escort must explain to the escortee about their rights and obligations during the process of being escorted in accordance with law, answer questions of the escortee.
2. During escorting, absolute safety must be ensured for the person on duty performing the escort duty and for the escortee. The use of weapons and combat gears when applying the escort measure must comply with the principles specified in Clause 4, Article 20 of the Law on Handling of Administrative Violations and this Decree.
3. In case the escortee shows signs of fleeing or acts against the official duty performer, the escorting person on duty must immediately report it to a competent person for issuance of a decision on temporary detention under administrative procedures on that person.
4. The escorting person on official duty must closely supervise and manage the escortee, be alert, proactive and promptly handle complicated situations that may arise; must not arbitrarily deal with the requests of the escortee while the escort is in progress.
Article 33. Handover and receipt of the escortee
1. The person on official duty who escorts the violator must make a record of handover and receipt of the escortee with the agency receiving the escortee.
2. The person on official duty escorting the violator when arriving at the place of escorting must invite representatives of the local government where the escortee resides or is being managed, agency representatives, organization where the escortee works, studies and the witness resides.
3. Check and compare photos, identification papers, identify the right escortee under administrative procedures and make a record on escorting violators under administrative procedures.
4. The minutes of handover and receipt of the escortee shall comply with Article 34 of this Decree.
Article 34. Minutes of handover and receipt of the escortee
The minutes of handover and receipt of the escortee include the following:
1. Time and place for making minutes.
2. Full name, position and address of the individual or organization that hands over or receive the escortee; full name, address, personal identification number, citizen identification number, people's identity card number (if any) or other identification papers of the escortee; violation; time and place of committing the violation; health status, attitude of violator, material evidences, their properties (if any) and other circumstances related to the escort of the violator; in case there is a witness, the full name and address of the witness must be clearly written.
3. The minutes must bear the signatures of the party who hands over the escortee and the party who receives the escortee, and the escortee, the escorted party and the escorted violators and witnesses (if any); the person having authority of administrative temporary detention shall sign the minutes of handing and receiving the escortee. In case the escortee or the witness refuses to sign, the record maker must clearly state the reason in the record.
4. Minutes of handing over and receiving administrative violators must be made in 2 copies and read to all participants to sign the minutes; the receiving party keeps 1 copy, the handing over party keeps 1 copy.
Article 35. Handling of some situations while escorting
1. In case the escortee acts against the escorting person; if the escortee is a minor who curses or insults but does not attack by force, the escorting person on duty must explain regulations of law and request them to abide by the decision; in case the escortee commits an act of assault with force, the escorting person on duty has the right to use force, tie, lock hands and feet, use weapons and combat gear according to the law to control and neutralize the opposing behavior of the escortee.
2. Where the escortee escapes, the escorting person on duty must request the present people to cooperate in arresting; in case the escortee cannot be immediately arrested, it must promptly report to the head of the unit and contact the local government where the incident occurs to have a plan to track down the escaped escortee; and also make a record on the escape of the escortee, signed by the witness; if there are no witnesses, the reason must be clearly stated in the minutes.
3. In case the escortee develops an unexpected illness that requires prompt emergency care, the escorting person on duty must quickly take the escortee to the nearest healthcare facility. The escort or transfer to a higher-level healthcare facility for further treatment must be certified in writing by the healthcare facility about the health status of the escortee and the escortee and the escorting person on duty must immediately report to the direct commander. During the time of emergency at the healthcare facility, the escorting person on duty must have a plan to organize guarding and closely monitor the violator, not to escape or freely contact with other people.
4. In case the escortee dies unexpectedly, he/she must be taken to the nearest healthcare facility and immediately report to the head of the unit, the investigating agency and the Procuracy where the incident occurred so that he can proceed with the investigation and carry out the procedures prescribed by law.
5. All cases of escorting the violator must prepare necessary logistical conditions, contact the local authority where the violator is escorted to manage the escortee.
Tìm kiếm
Nghị định 142/2021/NĐ-CP quy định về hình thức xử phạt trục xuất, biện pháp tạm giữ người, áp giải người vi phạm theo thủ tục hành chính và quản lý người nước ngoài vi phạm pháp luật Việt Nam trong thời gian làm thủ tục trục xuất (Bản Word)
Nghị định 142/2021/NĐ-CP quy định về hình thức xử phạt trục xuất, biện pháp tạm giữ người, áp giải người vi phạm theo thủ tục hành chính và quản lý người nước ngoài vi phạm pháp luật Việt Nam trong thời gian làm thủ tục trục xuất (Bản Pdf)