The Government issued Decree No. 59/2026/ND-CP stipulating the forms of deportation penalties, measures to temporarily detain people, escort violators according to administrative procedures and manage foreigners violating Vietnamese law during the deportation procedures.
This Decree applies to the following cases:
1. People who commit administrative violations are temporarily detained according to administrative procedures.
2. Persons with administrative violations are escorted.
3. Foreigners who have committed acts violating Vietnamese law that, according to the provisions of law on handling administrative violations, must be deported.
4. The competent person applying the form of deportation penalty; the competent person temporarily detaining the person according to administrative procedures; the competent person currently performing official duties performing the escort of the violator according to regulations.
5. Other agencies, units, and organizations related to the application of deportation penalties, measures of temporary detention of people, escort of violators according to administrative procedures, and management of foreigners violating Vietnamese law during deportation procedures.
Subjects subject to deportation penalty
Regarding the deportation penalty for foreigners violating Vietnamese law, the Decree stipulates that the subjects of applying this penalty form are foreign individuals who have committed administrative violations within the territory, contiguous zone, exclusive economic zone and continental shelf of Vietnam.
On aircraft of Vietnamese nationality, ships flying Vietnamese flags are subject to deportation penalties according to the provisions of the Law on Handling of Administrative Violations and decrees of the Government stipulating penalties for administrative violations in various fields.
The person authorized to apply the form of deportation penalty shall be implemented according to the provisions of Clause 6, Point d, Clause 7, Clause 9, Article 8 of Decree No. 189/2025/ND-CP dated July 1, 2025 of the Government detailing the Law on Handling of Administrative Violations on the authority to sanction administrative violations.
The person subject to the form of deportation penalty has the right to know the reason for deportation, receive a decision on administrative violations subject to deportation penalty (hereinafter referred to as the deportation penalty decision) no later than 48 hours before execution;
Being able to contact and notify the diplomatic representative agency, consular agency of the country of which they are citizens; being required to have an interpreter when working with agencies and competent persons;
Being requested by competent functional agencies to reconsider the deportation penalty decision according to the provisions of law; being implemented the regimes specified in Decree No. 65/2020/ND-CP dated June 10, 2020 of the Government stipulating the organization and regimes for people staying at accommodation establishments during the time waiting for departure;
People subject to deportation penalties are allowed to bring their legal assets out of Vietnamese territory; to complain and denounce according to the provisions of law.
The obligations of the deported person include: Fully complying with the regulations stated in the deportation penalty decision; presenting personal papers as required by the immigration management agency;
Compliance with the provisions of Vietnamese law, under the management of the Police agency during the deportation procedures; promptly and fully comply with civil, administrative, economic and other obligations as prescribed by law (if any);
Complete the necessary procedures to leave Vietnamese territory within the time specified in the deportation penalty decision.
