Regulations on the penalty of deportation for foreigners who violate Vietnamese law.

The Government issued Decree No. 59/2026/ND-CP regulating the form of punishment by deportation, measures for temporary detention and escorting of violators under administrative procedures, and the management of foreigners who violate Vietnamese law during the deportation process.

The Decree consists of 6 chapters and 44 articles, stipulating the subjects of application, procedures for applying the punishment by deportation; the rights and obligations of those subject to deportation; measures for managing foreigners who violate Vietnamese law during the deportation process; and the responsibilities of agencies and organizations implementing the punishment by deportation.

It also covers the subjects of application, procedures for temporary detention and escorting of violators under administrative procedures; cases where temporary detention and escorting of violators under administrative procedures are applied; and the rights and obligations of those subject to temporary detention and escorting of violators under administrative procedures.

Other regulations relate to the application of deportation as a penalty and measures such as temporary detention and escorting of violators according to administrative procedures.

This Decree applies to the following cases:

1. Persons who have committed administrative violations and are detained under administrative procedures.

2. Persons who have committed administrative violations and are escorted.

3. Foreign nationals who have committed violations of Vietnamese law and, according to the law on handling administrative violations, must be deported.

4. Persons authorized to apply the penalty of deportation; persons authorized to temporarily detain persons under administrative procedures; and persons authorized to escort violators while performing official duties as prescribed.

5. Other agencies, units, and organizations involved in applying the penalty of deportation, measures of temporary detention, escorting violators under administrative procedures, and managing foreign nationals who have violated Vietnamese law during the deportation process.

Subjects to whom the penalty of deportation applies

Regarding the penalty of deportation for foreigners violating Vietnamese law, the Decree stipulates that the subjects to whom this penalty applies are foreign individuals who commit administrative violations within the territory, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam; on aircraft flying Vietnamese nationality, or on ships flying the Vietnamese flag, and are subject to the penalty of deportation as prescribed by the Law on Handling Administrative Violations and other Government decrees regulating administrative penalties in various fields.

The authority to apply the penalty of deportation is exercised in accordance with Clause 6, Point d of Clause 7, and Clause 9 of Article 8 of Government Decree No. 189/2025/ND-CP dated July 1, 2025, detailing the Law on Handling Administrative Violations regarding the authority to impose administrative penalties.

Rights and Obligations of Persons Subject to Deportation

Persons subject to deportation have the right to:

a) Be informed of the reason for deportation and receive the administrative penalty decision imposing deportation (hereinafter referred to as the deportation penalty decision) at least 48 hours before execution;

b) Contact and inform the diplomatic or consular representative of the country of which they are citizens;

c) Request an interpreter when working with competent authorities or individuals;

d) Request competent authorities to review the deportation penalty decision in accordance with the law;

e) Be entitled to the provisions of Government Decree No. 65/2020/ND-CP  dated June 10, 2020, regulating the organization and regimes for persons residing in accommodation facilities while awaiting departure.

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

g) To file complaints and denunciations in accordance with the law.

The obligations of the person being deported include:

a) Fully comply with the regulations stated in the deportation penalty decision, except as stipulated in Clause 4, Article 10 of this Decree;

b) Present personal identification documents upon request by the immigration authorities;

c) Comply with the regulations of Vietnamese law and be under the management of the police during the deportation process;

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

e) Complete all necessary procedures to leave Vietnamese territory within the time limit stated in the deportation penalty decision.

Cases of Postponing the Execution of a Deportation Sentence

The Decree clearly stipulates that the postponement of the execution of a deportation sentence shall be carried out in the following cases:

a) Serious illness requiring emergency treatment or ongoing medical treatment that prevents the execution of the deportation sentence, as certified by a medical facility of basic level or higher;

b) Having to fulfill civil, administrative, or economic obligations as prescribed by law, except as stipulated in Clause 4, Article 10 of this Decree;

c) The person subject to the deportation sentence is also an accused person or party in a case being handled by the investigating agency;

d) Cases due to epidemics, natural disasters, war, or when the receiving country has not yet agreed to entry.

When the conditions for postponement no longer exist, the deportation sentence shall be enforced.

Management of foreign nationals who violate the law while awaiting deportation.

The Decree also specifies that foreigners who violate Vietnamese law during the deportation process will be subject to management measures in the following cases:

a) When there are grounds to believe that, without applying necessary management measures, the person will evade or obstruct the execution of the deportation order;

b) To prevent the person from continuing to commit illegal acts.

Management measures for foreigners who violate Vietnamese law during the deportation process include: Restricting the movement of the person under management; designating the person's residence; temporarily withholding the passport or other identification documents in lieu of a passport.

This Decree takes effect from April 1, 2026 and replaces Decree No. 142/2021/ND-CP dated December 31, 2021 of the Government stipulating the form of punishment of deportation, measures of temporary detention, escorting of violators according to administrative procedures and management of foreigners violating Vietnamese law during the deportation process.

At the same time, Article 66 of Decree No. 282/2025/ND-CP dated October 30, 2025 of the Government stipulating administrative penalties in the fields of security, order, social safety; prevention and control of social evils; and prevention and control of domestic violence is repealed.

Source: Government newspaper Vietnam https://baochinhphu.vn/quy-dinh-ve-xu-phat-truc-xuat-doi-voi-nguoi-nuoc-ngoai-vi-pham-phap-luat-viet-nam-10226022019072154.htm