Chapter V
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, INDIVIDUALS
Article 36. Responsibilities of the Ministry of Public Security
The Ministry of Public Security shall, within the ambit of its tasks and powers, have the following responsibilities:
1. Assist the Government in monitoring, inspecting and urging the implementation of this Decree.
2. Take charge and cooperate with agencies and bodies, the People’s Committees relevant to imposition of deportation, temporary detention, escort of violators under administrative regulations and management of foreigners violating Vietnamese law while deportation is in progress.
3. Direct and guide the police of units and localities to apply the deportation, temporary detention and escort of violators under administrative procedures; manage foreigners who violate Vietnamese law and are deported during the deportation procedures; enforce deportation by decision; hand over the deportee subject to the immigration authority upon request; and also coordinate with relevant agencies to ensure the implementation of the deportee's rights and obligations.
4. Examine, inspect and settle complaints and whistling reports about the imposition of deportation, the temporary detention and escort of violators according to administrative procedures and organize the enforcement of the decision on imposing deportation.
5. Release statistics on the imposition and enforcement of deportation decisions.
Article 37. Responsibilities of the Ministry of Foreign Affairs
1. Settle external procedures related to the enforcement of the decision on imposing deportation and other relevant procedures in the case of foreigners being detained or escorted under administrative procedures.
2. Exchange and provide relevant information to foreign competent authorities, consular offices of diplomatic missions of the countries where the holders of passports or valid passport alternatives are subject to temporary detention or escort under administrative procedures and apply the deportation.
3. Direct the foreign affairs agencies of the provinces and centrally-affiliated cities to coordinate with the functional agencies, consular offices or diplomatic missions of the country where the holder of the passport or passport valid alternative is held in administrative temporary detention, or deported (in case of death) for settlement.
Article 38. Responsibilities of the Ministry of Finance
Funding for imposition of deportation and temporary detention, escort of violators under administrative procedures shall be allocated by the state budget.
Article 39. Responsibilities of the Ministry of National Defense
1. Direct and guide agencies, units and functional forces directly attached to the organization of escorting and detaining violators under administrative procedures in accordance with this Decree and other relevant laws.
2. Coordinate with the Ministry of Public Security and other ministries and branches in implementing and exchanging information related to the deportation, escort and temporary detention of violators under administrative procedures.
Article 40. Responsibilities of the Ministry of Health
Direct and guide medical agencies and affiliated hospitals to organize medical examination, treatment, health care and health assessment for persons subject to the deportation or temporary detention under administrative procedures, and in case they become seriously ill, requiring treatment.
Article 41. Responsibilities of the Ministry of Planning and Investment
Formulate and arrange plans for investment capital from the state budget for investment, new construction and repair of temporary detention places under administrative procedures and accommodation establishments under the management of the Ministry of Public Security for foreigners who violate Vietnamese law whilst deportation is in progress.
Article 42. Responsibilities of the Provincial-level People's Committee
Provincial-level People's Committees shall, within the ambit of their tasks and powers, coordinate with relevant ministries and branches in directing local functional agencies in imposing the deportation, temporary detention and escort of violators under administrative procedures.
Article 43. Responsibilities of relevant agencies, organizations and individuals
1. Coordinate and cooperate with specialized agencies in applying the deportation.
2. Bear all costs or provide financial guarantees in case the deportee does not have the local financial capacity to pay the expenses in accordance with Vietnamese law.
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)