Nghị định 65/2020/NĐ-CP quy định về tổ chức quản lý và các chế độ đối với người lưu trú tại cơ sở lưu trú trong thời gian chờ xuất cảnh

 NGHỊ ĐỊNH

QUY ĐỊNH VỀ TỔ CHỨC QUẢN LÝ VÀ CÁC CHẾ ĐỘ ĐỐI VỚI NGƯỜI LƯU TRÚ TẠI CƠ SỞ LƯU TRÚ TRONG THỜI GIAN CHỜ XUẤT CẢNH

Căn cứ Luật Tổ chức Chính phủ ngày 19 tháng 6 năm 2015;

Căn cứ Luật Thi hành án hình sự ngày 14 tháng 6 năm 2019;

Căn cứ Luật Xử lý vi phạm hành chính ngày 20 tháng 6 năm 2012;

Căn cứ Luật Nhập cảnh, xuất cảnh, quá cảnh, cư trú của người nước ngoài tại Việt Nam ngày 16 tháng 6 năm 2014;

Căn cứ Luật sửa đổi, bổ sung một số điều của Luật Nhập cảnh, xuất cảnh, quá cảnh, cư trú của người nước ngoài tại Việt Nam ngày 25 tháng 11 năm 2019;

Theo đề nghị của Bộ trưởng Bộ Công an;

Chính phủ ban hành Nghị định quy định về tổ chức quản lý và các chế độ đối với người lưu trú tại cơ sở lưu trú trong thời gian chờ xuất cảnh.

DECREE

ON MANAGEMENT AND REGIMES FOR PERSONS STAYING IN ACCOMMODATIONS PENDING THEIR EXIT

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Execution of Criminal Judgments dated June 14, 2019;

Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012;

Pursuant to the Law on Entry, Exit, Transit, and Stay of Foreigners in Vietnam dated June 16, 2014;

Pursuant to the Law on amendments to the Law on Entry, Exit, Transit, and Stay of Foreigners in Vietnam dated November 25, 2019;

At the proposal of the Minister of Public Security,

The Government promulgates a Decree on management and regimes for persons staying in accommodations pending their exit.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provide guidelines for the management of and regimes (including meals, clothes, lodging, daily living, communication, visit, gift receipt, healthcare, burial cost) for persons who are subject to the expulsion sentence, foreigners who face administrative penalty of deportation, and foreigners who have completely served  imprisonment sentences at accommodation establishments of the Ministry of Public Security pending the completion of exit procedures (hereinafter referred to as persons in stay).

Article 2. Regulated entities

This Decree applies to persons in stay; agencies, organizations and individuals relating to the management of and assurance of regimes for persons in stay.  In a case where a treaty to which the Socialist Republic of Vietnam is a signatory otherwise provides for, such treaty prevails.

Article 3. Funding

Funds for investment in building facilities, equipment, and implementation of regimes for persons in stay shall be set aside and covered by the annual budget estimates of the Ministry of Public Security.

Chapter II

MANAGEMENT OF AND REGIMES FOR PERSONS IN STAY

Article 4. Management of persons in stay

1. Persons in stay shall dwell at accommodation establishments and submit to the management and supervision of these establishments, and be informed of the internal regulation of the accommodation establishment and regulations and laws on management and implementation of regimes for persons in stay. The accommodation establishment shall receive persons who are taken into the accommodation establishment and dispatch them out of the accommodation establishment as per the law and regulations of the Ministry of Public Security.

The accommodation establishment shall implement provisions on guard, escort, and supervision of persons in stay during their accommodation; plan and initiate protective measures in the accommodation establishment; cooperate in searching persons in stay escaping the accommodation establishment; check letters, parcels, cash, valuable papers, and belongings of persons in stay in order to discover, prevent and take actions against prohibited items brought into the accommodation establishment; receive and reply requests for provision of information about the accommodation establishment, persons in stay, and preserve documentation about the persons in stay as per the law.

2. The Ministry of Public Security shall further specify internal regulations of accommodation establishments and procedures for receiving persons who are taken into the accommodation establishment and dispatching them out of the accommodation establishment.

Article 5. Actions against persons in stay violating internal regulations of accommodation establishment

1. If a person in stay violates internal regulations of the accommodation establishment, protests or refuses to observe instructions of an accommodation establishment officer, a record on such violation must be taken with confirmation of a witness and the accommodation establishment officer shall, dependent on nature and severity of the violation, explain regulations and laws on management and regimes for persons in stay to the violator and require him/her to observe the internal regulations or instructions; where appropriate, the accommodation establishment officer shall use permitted measures by law to force and isolate the violator in a separate room, suppress the protest, prevent the violator from escaping, hurting himself/herself, other persons in stay or accommodation establishment officers, or doing deliberate damage to the assets of the accommodation establishment. The head of accommodation establishment shall decide the duration for which the violator has been kept in a separate room.

After that, the accommodation establishment shall promptly notify the criminal enforcement agency affiliated to the police department of province where the accommodation establishment is based in order for that criminal enforcement agency to notify the criminal enforcement agency of province which prepared the judgment execution dossier or the sentencing court (if the violator has been serving an expulsion sentence) or Immigration Department or Director of police department of province which filed a request for expulsion (if the violator has been facing an administrative penalty as deportation) for cooperation, handling and notice to the Ministry of Foreign Affairs so as to notify the diplomatic missions, consular offices of the country of which that violator is a national or representative office of an international organization in Vietnam where he or she works; and the criminal enforcement agency of province where the accommodation establishment is based shall notify the violator’s relatives and legal representatives who are living in Vietnam (if any) for cooperative encouragement, education and management of the violator.

2. If such violation of the person in stay shows any sign of crime, the accommodation establishment shall notify the competent investigation body as soon as possible for bringing a charge, investigating and taking further actions as per the law. Whilst awaiting further decisions of the competent presiding agencies, the accommodation establishment shall supervise the violator closely, prevent him/her from escaping, committing suicide or violating other internal regulations of the accommodation establishment. Furthermore, the accommodation establishment shall notify the criminal enforcement agency of province where it is based to inform the authorities in clause 1 for further actions.

Article 6. Lodging regime for persons in stay

1. A person in stay shall be arranged in a collective room according to his/her gender (male or female) with a lying space of at least 3 m2/person (a person in stay with a kid shall be arranged a lying space of at least 4 m2/person), there is a ceramic pedestal or bed, there is a toilet, mat, blanket and mosquito net. A person in stay who is an LGBT or a gender fluid person may be arranged in a separate room.

2. Persons who suffer infectious diseases group A and certain infectious diseases group B as specified in the law on prevention and control of infectious diseases and persons who suffer mental illness or another disease and unable to perceive or control their acts must be arranged in isolated rooms.

Article 7. Regimes on meals and clothes for persons in stay

1. The monthly food ration for a person in stay is calculated as follows: 17 kg of ordinary rice; 15 kg of vegetables; 1.0 kg of meat, 1.0 kg of fish, 0.5 kg of sugar; 0.75 liter of fish sauce; 0.2 liter of cooking oil; 0.1 kg of monosodium glutamate; 0.5 kg of salt; other spices: equivalent to 0.5 kg of ordinary rice; fuel: equivalent to 17 kg of firewood or 15 kg of coal; food and fuel must meet quality requirements and with prices of average market prices in the local areas. On public holidays as prescribed by the Vietnamese State and 1 day of lunar new year and 1 day of National Day of the country which the person in stay takes nationality, persons in stay may have more food but the total food ration must not exceed 5 times the daily food ration.  Accommodation establishments may change the above food norms in conformity of practical conditions to ensure that persons in stay eat up their rations.

2. In addition to provided rations in clause 1, persons in stay may use their gifts and money to buy more food in accordance with regulations of accommodation establishments.

3. Persons in stay shall be provided with food and drinks that meet hygiene and safety requirements.

The accommodation establishment may organize collective kitchens, a collective kitchen shall be provided with cooking utensils below:  stoves; rice cookers, kettles, pots; pans, pantries, water containers; baskets, bowls, chopsticks, dining tables and chairs and other kitchen utensils necessary for cooking, storing food, boiling water and dividing food to person in stay according to given food rations.

4. Regime on meals for sick persons in stay shall be decided by the head as directed by health workers. A female person in stay during their pregnancy, childbirth or raising kids under 36 months of age may receive food ration double the daily food ration prescribed in clause 1 and may be swapped as directed by a physician assistant or doctor.

5. Persons in stay may bring into accommodation establishments their essential personal articles for use under regulations of the Ministry of Public Security. A person in stay who lacks clothes may, depending on his/her stay duration and weather by season, be provided with one or two sets of clothes of ordinary fabric.

Article 8. Physical training, sports and cultural performance activities of persons in stay

Persons in stay may have healthy physical training, sports and cultural performance activities, reading books, newspaper, listening to radio, watching television depending on the conditions of the  accommodation establishment. The accommodation establishment shall be equipped with an internal public address system; each room shall be equipped with 1 television set and persons in stay may borrow books and newspaper of the accommodation establishment. The timetable for physical training, sports and cultural performance activities, watching television and listening to the radio shall be stipulated in the internal regulations of the accommodation establishment.

Article 9. Regime of communications for persons in stay

1. Persons in stay may contact by telephone or receive/send letters to their relatives, legal representatives, diplomatic missions or consular offices under regulations of accommodation establishments; the telephone and post charges shall be at persons in stay’s expenses.

2. The communications of a person in stay is stipulated as follows:

a) The person in stay may send 4 letters every month. If a person in stay who has been investigated with respect to an offense or regarding other criminal cases is subject to a request for scrutiny of any letter which that person sends or receives made by the authority in charge of the case so as to prevent that person from exchanging information with other people which possibly prejudices the investigation process, the head of the accommodation establishment shall, before making a decision, seek consultation from the authority in charge of the case whether or not allow such person to receive or send any letter. If the head of accommodation establishment decides not to allow that person to receive or send a letter, he/she shall take a record and provide specific reasons, and then notify such person in stay and relatives thereof.

b) The accommodation establishment shall cooperate with local post and telecommunications authority to install a fixed telephone, wired or wireless, and allow the persons in stay to make domestic calls, 4 times a month, not exceeding 10 minutes for each call. In an urgent circumstance, according to a written explanation of the person in stay, the head of accommodation establishment may consider allowing that person to make a phone call not up to 10 minutes. When making a phone call, the person in stay must dial the number and exchange information as registered. The head of accommodation establishment shall assign a supervisor to supervise the information exchanged between the person in stay and recipient; the supervisor shall stop the call if any content exchanged goes beyond the registered content and then provide explanation for the person in stay; a record shall be taken if necessary. The phone call shall be charged as the same as the post and telecommunications authority and at the expense of the person in stay in form of delayed payment or other sponsorship with the consent of the head of accommodation establishment.

If a person in stay who has been investigated with respect to an offense or regarding other criminal cases is subject to a request for scrutiny of any phone call which that person makes or receives made by the authority in charge of the case so as to prevent that person from exchanging information with other people which possibly prejudices the investigation process, the head of the accommodation establishment shall, before allowing that person to make or receive such phone call, cooperate with the authority in charge of the case in supervising that person. When the person in stay exchanges any information deemed prejudicing the investigation process, the head of accommodation establishment shall, with the consent of the authority in charge of the case, stop the phone call, take a record, provide specific reasons, and then notify that person in stays and the visitor.

Article 10. Regime of visiting persons in stay

1. Persons in stay may meet their relatives or their lawful representatives at visiting rooms of accommodation establishments.  Once a week, each visit may last no more than 2 hours. If a representative of Vietnamese agency or Vietnamese individual requests to meet a person in stay, the head of accommodation establishment shall consider making a decision, taking account of legitimate interests of the person of stay, the management requirements and crime prevention and control.

Persons in stay who well observe regulations of accommodation establishments may meet their spouses in separate rooms of accommodation establishments once a week for no more than 24 (twenty-four) hours once. A person in stay who has committed internal regulations of the accommodation establishment may only meet relative once a month for no more than 1 hour.

If a person in stay who has been investigated with respect to an offense or regarding other criminal cases is subject to a request for refusal to any visit or strict supervision of any visit made by the authority in charge of the case, the head of accommodation establishment shall comply with that request and provide explanation for the visitor and the person in stay.

2. Relatives allowed to visit the person in stay: paternal grandparents; maternal grandparents; parents; parents-in-law; legal adoptive parents; spouse; daughters/sons, daughters/sons-in-law, legal adoptive daughters/sons; natural brothers/sisters; brothers/sisters-in-law; uncles, aunts, nephews/nieces. Only 3 relatives or fewer are allowed in a visit; more but up to 5 persons are only allowed in exceptional cases with the consent of the head of accommodation establishment and the peace and safety of the accommodation establishment must not be disturbed.

3. Visiting procedures:

a) When wishing to visit a person in stay, his/her relative or lawful representative shall file a written request for permission in Vietnamese or translated into Vietnamese using the Form No. 1 in Annex hereto appended and present a passport, ID card or another identity paper to ensure the proper visit.

b) With regard to the person in stay who may meet the spouse in a separate room in clause 1, he/she must both meet the requirements in point a clause 3 and have a document proving that the visitor is his/her spouse, which bears certification of the diplomatic mission or consular office of the country which that person takes nationality or the representative body of the international organization in Vietnam where he/she works, or the People’s Committee of commune where he/she resides (if the spouse is a Vietnamese); or the person in stay and his/her spouse must file a written request for permission of visit in separate room using Form No. 2 of Annex hereto appended to the head of accommodation establishment for consideration.

c) A visit mentioned above shall be subject to discretion of the head of accommodation establishment dependent on the conditions and working hours of the accommodation establishment, and limited number of visits in clause 1.

4. Procedures for consular visit and contact:

a) Where a diplomatic mission, consular office of a country wishes to take a consular visit and contact with a person in stay taking the nationality of that country in an accommodation establishment, it must send such a request to the Ministry of Foreign Affairs. Content of the above-said request: name of the diplomatic mission, consular office; full name and nationality of the person in stay receiving consular visit and contact; the accommodation establishment where that person stays; full name, position, diplomatic or consular identity card of the visitor; full name, ID card of the interpreter (if any); the proposed date and time for consular visit and contact.

b) 3 working days after receiving such a request, the Ministry of Foreign Affairs shall notify the criminal enforcement agency of province where the accommodation establishment is based. 5 working days after receiving such a notice, the criminal enforcement agency shall reply in writing to the Ministry of Foreign Affairs in order to notify the foreign diplomatic mission or consular office which made such a request for consular visit and contact.

5. When the visit and contact occurs, the person in stay may receive letters, cash, articles, except for the things prohibited in the internal regulations of the accommodation establishment; the accommodation establishment shall check all the things mentioned above before they are brought into the establishment. The management and use of cash and articles by persons in stay are complied with Article 11 of this Decree.

6. Visitors shall strictly observe the Vietnamese law and internal rules of visiting rooms and instructions of the accommodation establishment officers.

Article 11. Management of assets of persons in stay

If a person in stay has any foreign currency, valuable papers, gold, silver, watch, precious jewelry, belongings and other valuable things, the accommodation establishment shall take a record, and then seal and keep them in safe custody, such person may receive them back before exiting Vietnam. If such person requests in writing to hand over those things to his/her relatives or legal representative, the accommodation establishment shall take a record and hand them over to these people. Any Vietnamese dong (cash) shall be kept in the safe custody for the person in stay for further use.

Article 12. Medical examination and treatment for persons in stay

1. A sick or injured person in stay may receive medical examination and treatment at the health facility of the accommodation establishment. A person in stay whose serious illness is beyond the medical treatment capacity of accommodation establishment may be referred to superior health facility, which is a hospital of district, province or military zone for treatment.  The meal, medicine dispensation, and nutrition regime for such person shall be prescribed by the health facility based on his/her pathological signs and severity of the illness; Monthly medicine expenses for each person in stay are equivalent to 3 kg of ordinary rice/1 person/1 month. In case an ill person in stay wishes to be referred to an establishment providing on-demand medical examination and treatment, he/she must be permitted by the accommodation establishment and bear all medical examination and treatment expenses by himself/herself.

The accommodation establishment must notify the criminal enforcement agency of province where it is based of the referral of the person in stay to the superior health facility in order to notify the authorities in clause 1 Article 5 and relatives and legal representatives in Vietnam of that person (if any).

The cost incurred in medical examination and treatment for the person in stay shall be covered by the state. If the medical treatment of the person in stay requires high techniques and expenses which exceed medical treatment expense norms prescribed for him/her, he/she must bear these expenses by himself/herself.

2. A pregnant person in stay may, during her pregnancy, receive regular or irregular prenatal check-ups and receive healthcare where necessary; when she is expected to give birth, the accommodation establishment shall take her to the state-run health facility to give birth and supply things necessary for newborn equivalent to the meal regime in 1 month of children under 36 months of age as prescribed in Article 13. After giving birth, if that person in stay wishes to make birth registration for her newborn, the accommodation establishment shall do so as per the law of Vietnam. The cost incurred in healthcare provided for that female during her pregnancy and childbirth at the health facility shall be covered by the state.

3. Accommodation establishments shall coordinate with hospitals and criminal judgment enforcement agencies of provincial-level police departments in localities where they are based in managing persons in stay during their medical treatment or childbirths at hospital.

Article 13. Regimes for children of persons in stay living with their parents at accommodation establishments

1. Based on practical conditions, under-16 children of persons in stay who live with their parents at accommodation establishments may be provided with lying space in the same room with their parents according to characteristics of their age and gender.  Regimes on meals, clothes, lodging, healthcare and burial expenses (in case of death) for these children are the same as those applicable to persons in stay as per the law of Vietnam; on the International Children Day (June 1st), Mid-Autumn Festival, they may receive a double meal regime. A child under 36 months of age may further receive milk and necessary things equivalent to 20 kg of ordinary rice. According to the child’s age and practice circumstance, the accommodation establishment may adjust the food ration in conformity with the nutrition need of that child or convert to cash and keep it in the safe custody for the parents of that child.

2. A child who is 14 to under 16 years of age with gender different from their parent may be arranged in a room separate from their parent.

Article 14. Settlement of cases in which persons in stay or their children who reside with them at accommodation establishments die

1. In case a person in stay or his/her child who lives together with him/her at an accommodation establishment dies, the accommodation establishment must immediately notify such to the criminal enforcement agency, investigation agency and people's procuracy of province  where the accommodation establishment is based for identifying the cause of the death.  The criminal enforcement agency of province where it is located shall promptly notify, in writing or by fax, the authorities in clause 1 Article (that person in stay is a foreigner who has completely served the imprisonment sentence, the criminal enforcement agency of province is only required to notify the Ministry of Foreign Affairs) and notify the relative or lawful representative in Vietnam of such person (if any) for further actions. After obtaining consent of the competent authority, the criminal enforcement agency of province shall conduct a burial; the People’s Committee of commune where the burial takes place shall cooperate with the criminal enforcement agency in that burial. In case relatives or lawful representatives of the deceased petition in writing to receive the corpse for the burial, they shall bear the expenses as prescribed in Article 15.

2. Within 48 hours after completing the procedures specified in Clause 1, if no request for receiving the corpse is made, the criminal enforcement agency of province shall bury that corpse and burial cost shall be covered by the state budget, including: expenditures on 1 casket made of normal wood, 1 set of ordinary cloth, 4m2 shroud, incenses, candles, alcohol, and other costs equivalent to 100 kg of ordinary rice.

The accommodation establishment shall complete paperwork for death registration of foreigner in Vietnam as per the law.

Article 15. Settlement of petitions for receiving corpses, ashes and mortal remains of persons in stay or their children

1. If a person in stay dies or a child who resides with the person in stay dies and their relatives or legal representative make a petition for receiving the corpse for burial, within 48 hours since the completion of procedures in clause 1 Article 14, a petition in Vietnamese or translated into Vietnamese using Form No. 03 in the Annex hereto appended shall be sent to the criminal enforcement agency of province where the judgment execution dossier is prepared, the sentencing court (if the person in stay has served the expulsion sentence) or sent to the criminal enforcement agency of province where the accommodation establishment is based (if the person in stay is a foreigner who has completely served the imprisonment sentence pending the exit procedures) or sent to the Immigration Department or Director of Police of province where the request for deportation penalty was made (if the person in stay has faced a deportation as administrative penalty) for consideration.

2. Within 24 hours after receiving such a petition, the head of the authorities mentioned in clause 1 shall consider accepting it and notify in writing the petitioner, the criminal enforcement agency where the accommodation establishment is based (if the person in stay has served the expulsion sentence or the person in stay has faced a deportation as administrative penalty) and the authorities in clause 1 Article 5 whether or not the petition for receipt of the corpse is accepted with grounds for presuming that the receipt of the corpse possibly causes impact on the security, order and environment hygiene.

3. Within 24 hours after an approval for receipt of the corpse is notified, the authorities in clause 1, the accommodation establishment and the petitioner shall hand over the corpse and his/her cash and legal assets (if any) and make a record bearing the signature of the involved parties and witnesses; if the petitioner fails to receive the corpse within the time limit mentioned above, the relevant authorities shall be tasked to conduct a burial as prescribed in Article 14.

4. The receipt of mortal remains may only be permitted 3 years after the burial date. In case of incineration, the receipt of ash since the completion of incineration may be permitted. The person who requests to receive mortal remains or ashes must file a petition using form No. 03 of Annex hereto appended to the criminal enforcement agency of province where the burial takes place for consideration.

7 working days after receiving such a petition, the head of the criminal enforcement agency of province shall consider whether to accept it and notify in writing the criminal enforcement agency of province where the judgment execution dossier is prepared, the sentencing court (if the person in stay has served the expulsion sentence) or sent to the Immigration Department or Director of Police of province where the request for deportation penalty was made (if the person in stay has faced a deportation as administrative penalty) and the authorities in clause 1 Article 5 whether or not the petition for receipt of the corpse is accepted with grounds for presuming that the receipt of the corpse possibly causes impact on the security, order and environment hygiene.

5. The petitioner or diplomatic mission or consular office of the country which the dead person takes nationality or the representative of international organization where that person works shall take responsibility for preservation and delivery of corpse, mortal remains, ashes of the dead person in accordance with law on health treatment, environment hygiene; prevention and treatment of infectious diseases and quarantine through border and other regulations and laws of Vietnam.

Article 16. Settlement of cases in which persons in stay abscond

1. In case a person in stay who is subject to the expulsion sentence absconds, Article 122 of the Law on Execution of Criminal Judgments will be applied.

2. In case a foreigner who has completely served an imprisonment sentence and is staying at an accommodation establishment pending completion of exit procedures absconds, the accommodation establishment must immediately report such to the criminal enforcement agency of province where it is based for notification to the Ministry of Foreign Affairs for subsequent notification to the entities stated in Clause 1, Article 5 for search.

3. If the person in stay who has faced a deportation as administrative penalty absconds, the accommodation establishment shall take a record and promptly notify the enforcement agency of province where it is based for notification to the Immigration Department or Provincial Police which prepared a request for deportation for cooperative search and handling.

Article 17. Settlement of a request for change of accommodation associated with a person in stay

1. If a person in stay wishes to change his/her accommodation and his/her relative or legal representative has a legal residence in the territory of Vietnam and so requests to let the person in stay lives there, such person in stay shall file a request using form No. 04 and the relative (or legal representative) shall file a request using form No. 05 in Annex hereto appended; that request must be made in Vietnamese or translated into Vietnamese and filed to the criminal enforcement agency of province where the judgment execution dossier is prepared, the sentencing court (if the person in stay has served the expulsion sentence) or sent to the criminal enforcement agency of province where the accommodation establishment is based (if the person in stay is a foreigner who has completely served the imprisonment sentence pending the exit procedures) or sent to the Immigration Department or Director of Police of province where the request for deportation penalty was made (if the person in stay has faced a deportation as administrative penalty) for consideration.

2. Requests made by the persons in stay in points a, d, dd, e clause 3 Article 30 of Decree No. 112/2013/ND-CP dated October 2, 2013 and points b, d, dd, e clause 2 Article 121 of the Law on Criminal Judgment Enforcement or persons in stay who commit legal violations, are subject to investigation or wanted by Vietnamese or foreign authorities or requests for ban from leaving the accommodation establishments.

3. Within 15 working days after receiving such a request, the heads of the authorities in clause 1 shall consider accepting it and notify in writing the petitioner; in case of acceptance, a written notice shall be sent to the accommodation establishment, the People’s Committee or Police of commune where the person in stay comes to reside and the authorities in clause 1 Article 5. During accommodation period, where there are grounds for presuming that the person in stay is nevertheless required to live in the accommodation establishment of the Ministry of Public Security, the heads of the authorities in clause 1 shall decide to change the accommodation and force the person in stay to return to the original accommodation establishment.

After the request for change of accommodation is accepted, the relatives or legal representative shall take the person in stay to the People’s Committee or Police of commune to report his/her stay pending the exit.

4. If a person in stay who is a foreigner having completely served imprisonment sentence and is also required to make civil restitution or make payments or submit property as required by the court, in addition to the mentioned request, a commitment to make civil restitution or make payments or submit property must be made; furthermore, his/her relatives or legal representative must, in addition to the mentioned request, stand security for the person in stay concerning the obligation mentioned above in accordance with the civil law if the person in stay fails to or incompletely fulfill his/her obligations or escape.

Article 18. Settlement of issues when a person in stay unable to make restitution or make payments or submit property as required by the court

If a person in stay is unable to make restitution or make payments or submit property as required by the court, regulations of law on civil judgment enforcement shall apply.

Chapter III

IMPLEMENTATION

Article 19. Entry in force

This Decree comes into force as of June 15, 2020 and governs the following legislative documents and provisions:

1. Supersede Decree No. 09/2012/ND-CP dated February 17, 2012.

2. Repeal Article 31 of Decree No. 112/2013/ND-CP dated October 2, 2013.

3. Article 32 and clause 1 Article 33 of Decree No. 112/2013/ND-CP dated October 2, 2013 shall not regulate foreigners who have faced deportation as administrative penalty at the accommodation establishment of the Ministry of Public Security.

Article 20. Transitional provisions

1. The management and regimes for persons in stay at accommodation establishments pending exit before the effective date of this Decree shall keep complying with Decree No. 09/2012/ND-CP dated February 17, 2012 and Decree No. 112/2013/ND-CP dated October 2, 2013.

2. The management and regimes for persons in stay at accommodation establishments pending exit under Decree No. 09/2012/ND-CP dated February 17, 2012 and Decree No. 112/2013/ND-CP dated October 2, 2013, since the effective date of this Decree, shall comply with this Decree.

Article 21. Responsibilities

1. The Minister of Public Security shall organize, guide, inspect and urge the implementation of this Decree. Direct police authorities of local governments to implement management and regimes for persons in stay at accommodation establishments; dispatch persons in stay upon request; and also cooperate with relevant agencies in ensuring the performance of rights and obligations of persons in stay.

2. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, and chairpersons of provincial-level People's Committees shall implement this Decree./.