Nghị định 17/2016/NĐ-CP sửa đổi Nghị định 112/2013/NĐ-CP quy định 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

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 112/2013/ND-CP OF OCTOBER 2, 2013, PROVIDING THE SANCTION OF EXPULSION AND THE MEASURES OF CUSTODY AND ESCORTED TRANSFER OF VIOLATORS ACCORDING TO ADMINISTRATIVE PROCEDURES, AND MANAGEMENT OF FOREIGN VIOLATORS OF VIETNAM’S LAW PENDING THE COMPLETION OF EXPULSION PROCEDURES

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

Pursuant to the November 21, 2007 Law on Prevention and Combat of Domestic Violence;

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

Pursuant to the June 23, 2014 Law on Customs;

At the proposal of the Minister of Public Security,

The Government promulgates the Decree amending and supplementing a number of articles of Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of expulsion and the measures of custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of Vietnam law pending the completion of expulsion procedures.

Article 1. To amend and supplement a number of articles of Decree No. 112/2013/ND-CP of October 2, 2013, providing the sanction of expulsion and the measures of custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of Vietnam’s law pending the completion of expulsion procedures (hereafter referred to as Decree No. 112/2013/ND-CP).

1. To amend and supplement Clause 1 of Article 3 as follows:

“1. The custody and escorted transfer of persons according to administrative procedures and the application of the sanction of expulsion must ensure proper subjects, procedures, competence and time limits provided in the Law on Handling of Administrative Violations, Article 102 of the Law on Customs, this Decree and other relevant laws.”

2. To amend and supplement Article 11 as follows:

“Article 11. Custody according to administrative procedures

Custody of a person according to administrative procedures may only be applied in the following cases:

1. When it is necessary to prevent and stop the following acts:

a/ Disturbing public order.

b/ Inflicting injury on other persons.

2. When it is necessary to prevent and stop acts of smuggling or illegal cross-border transportation of goods in the following cases where violators show signs of escape or destruction of material evidence and means of violation, obstructing the handling of violations:

a/ Importing or exporting goods banned or suspended from export or import as prescribed by law;

b/ Importing or exporting goods on the list of goods subject to conditional import or export without an export or import permit or paper granted by a competent agency in accordance with regulations accompanying the goods;

c/ Importing or exporting goods without going through a prescribed border gate or without carrying out customs procedures in accordance with law, or committing frauds in goods quantities or types while carrying out customs procedures;

d/ Importing or exporting goods without accompanied invoices and documents as prescribed by law, or with unlawful invoices and documents;

dd/ Importing goods subject to import labeling as prescribed by law without a stamp on goods or with a false or used stamp;

e/ Carrying out cross-border trade or trade from non-tariff areas into the inland or vice versa in contravention of law but not serious enough for penal liability examination;

g/ Transporting goods cross the border or transporting goods from non-tariff areas into the inland or vice versa in contravention of law;

h/ Other cases as prescribed by law.

3. When it is necessary to prevent and stop the violations specified in Clause 5, Article 20 of the Law on Prevention and Combat of Domestic Violence, and Clause 1, Article 12 of Decree No. 08/2009/ND-CP of February 4, 2009, detailing and guiding the implementation of a number of articles of the Law on Prevention and Combat of Domestic Violence.”

3. To amend and supplement Article 12 as follows:

“Article 12. Competence to hold persons in custody according to administrative procedures

1. The following persons may decide on holding persons in custody according to administrative procedures:

a/ Chairpersons of commune-level People’s Committees, chiefs of ward police offices;

b/ Chiefs of district-level police offices;

c/ Chiefs of police offices for administrative management of social order, chiefs of order police offices, chiefs of road and railway traffic police offices, chiefs of waterway police offices, chiefs of police offices for investigation of economic management order and position- related crimes, chiefs of police offices for investigation of social order-related crimes, chiefs of police offices for investigation of drug-related crimes, heads of immigration management sections of provincial-level Police Departments; chiefs of police offices for criminal judgment enforcement and judicial assistance, and chiefs of police offices for environmental crime prevention and combat;

d/ Chiefs of mobile police units at the company or higher level, heads of border-gate public security stations;

dd/ Heads of district-level forest protection offices, heads of mobile forest protection teams;

e/ Heads of district-level customs branches, heads of control teams of provincial-level Customs Department, heads of control teams for anti-smuggling, and captains of marine control flotillas of the Anti-Smuggling Investigation Department of the General Department of Customs;

g/ Heads of market control teams;

h/ Commanders of border-guard sub-zones, commanders of port border guards, commanders of border-guard fleets, commanders of border-guard flotillas, heads of border-guard stations and heads of border-guard units stationed in border areas and islands;

i/ Captains of marine police flotillas, captains of marine police fleets, commanders of marine police zones;

k/ Persons in command of aircraft, shipmasters and trainmasters in case aircraft, ships or trains have departed from airports, seaports or railway stations;

l/ Judges chairing court hearings.

2. Persons competent to hold persons in custody specified at Points a thru i, Clause 1 of this Article may empower their deputies. The empowerment shall be made only when the heads are absent and expressed in writing, clearly stating the scope, contents and duration of empowerment. Empowered deputies shall take responsibility for their decisions before their heads and law. Empowered persons may not further empower or authorize any other persons.”

Article 2. Annulment of current regulations

To annul Clause 1, Article 3, and Articles 11 and 12, of Decree No. 112/2013/ND-CP

Article 3. Effect

This Decree takes effect on May 2, 2016.

Article 4. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

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