Decree 142/2021/ND-CP | Minimizing Legal Risks for Foreigners

When are foreigners escorted, detained, and deported?
An in-depth analysis of Decree 142/2021/ND-CP and how to minimize legal risks.
As well as AVOIDING MANDATORY MANAGEMENT! Detailed analysis of 03 enforcement measures (Expulsion, Detention, Escort) and Risk Management Guidelines from the team of An Law Vietnam – Criminal Law Firm.
Prescribing forms of sanctioning expulsion, measures of temporary detention of persons, escorting violators according to administrative procedures and management of foreigners who violate Vietnamese law during the period of carrying out expulsion procedures
Date of issue: 31/12/2021
Effective date: 01/01/2022
➦ Download document PDF

➦ Download document word

Government No. 1422021ndcp Content — *Photo Description of the Article: Analysis of Decree 142/2021/ND-CP | Minimizing Legal Risks for Foreigners*

Contents

CHAPTER I: GENERAL PROVISIONS (Articles 1 – 4)

Scope of regulation (Article 1)

Procedures for application of expulsion sanctions.
Measures to temporarily detain and escort administrative violators.
Managing foreigners who violate Vietnamese law during the time of carrying out expulsion procedures.

Principles of application (Article 3)

Compliance with the Law on Handling of Administrative Violations: principles, subjects, procedures, competence and time limit.
It is forbidden to infringe upon life, health, honor, dignity and property.

Funding for security (Article 4)

Funding shall be allocated by the state budget.

CHAPTER II: SANCTIONS FOR EXPULSION AND MANAGEMENT OF FOREIGNERS (Articles 5 – 15)

Subjects and competence (Articles 5 – 6)

Subjects: Individuals who are foreigners who commit administrative violations in the territory, waters, aircraft/ships of Vietnam.
Competence: Director of the Provincial Police, Director of the Immigration Department according to Article 39 of the Law on Handling of Administrative Violations.

Rights and obligations of the expelled person (Articles 7 – 8)

Right	Obligation
Know the reason, receive the decision 48 hours before implementation	Fully implement the sanctioning decision
Be required to have an interpreter	Comply with Vietnamese law, under the management of the police
Bringing legal property out of Vietnam	Quickly comply with civil, administrative, and economic obligations (if any)
Complaints and denunciations	Complete the necessary procedures to leave Vietnam

Procedures for issuing expulsion decisions (Articles 9 – 12)

Stage	Term	Implementing agencies
Preparation of application dossiers	02 working days	The agency detecting the violation sends the dossier to the provincial police/export management department
Complete Profile	03 days	Provincial Police/Export Management Department
Decision making	02 days, in Vietnamese and English	Director of the Provincial Police / Director of the Export Management Department
Postponement of Execution	When the deported person is seriously ill, emergency, or civil/administrative/technical obligations	Director of the Provincial Police / Director of the Export Management Department

Management measures during the procedure period (Articles 13 – 14)

Restrict travel, designate accommodation, temporarily keep passports.
Compulsory stay: undocumented, expired residency, risk of fleeing, obstruction of enforcement, communicable/mental illness, or voluntary.
Prohibited use: administrative detention houses, criminal detention centers, detention centers, prisons.
Accommodation expenses: by the deporteees, diplomatic missions, or the state budget if there is no source.

CHAPTER III: TEMPORARY DETENTION OF PERSONS ACCORDING TO ADMINISTRATIVE PROCEDURES (Articles 16 – 21)

Cases of application (Article 16)
Applicable in 5 cases:

Disrupting public order, causing injury.
Smuggling and illegally transporting goods across the border.
Execution of decisions on sending to reformatories, compulsory education/detoxification establishments.
Domestic violence violates the contact ban.
Determination of drug addiction.

Competence and time limit (Articles 17 – 21)

According to Article 123 of the Law on Handling of Administrative Violations.
The time limit is according to Clause 3, Article 122 of the Law on Handling of Administrative Violations.
Principle: There is a written decision.
Cancellation of temporary detention measures: Upon the expiration of the time limit, there are grounds for transfer to criminal handling, or grounds for temporary detention terminated ahead of time.

CHAPTER IV: ESCORT OF VIOLATORS (Articles 22 – 36)

Escort principle (Article 22)

Only when necessary, make sure to determine the facts or enforce the decision.
Ensure safety, strictly prohibit infringement of life, honor, health and property.

Decision-making competence (Article 23)

Heads of police agencies, Chairman of People’s Committees, heads of border agencies, and other titles according to the Law.

Escort procedures (Articles 24 – 30)

The decision shall be made in writing, clearly stating the full name, address, reason, time and place.
Escort forces: police, coordinate with the army if necessary.
Escort time: only to the extent necessary.

Facilities and conditions (Articles 31 – 36)

Costumes, vehicles, supporting tools.
Ensure the basic needs of the escorted person (water, sanitation, etc.).

CHAPTER V: ORGANIZATION OF IMPLEMENTATION AND COORDINATION (Articles 37 – 42)

Ministry of Public Security: Organize the implementation of expulsion decisions, manage subjects, and compile dossiers.
Ministry of Foreign Affairs: Exchange information with foreign agencies, diplomatic/consular missions.
Ministry of Finance: Ensure regular funding.
Ministry of National Defense: Guidance on escort and temporary detention of violations under its management.
Ministry of Health: Medical examination, treatment, health assessment.
Provincial People’s Committees: Direct local authorities to coordinate implementation.

CHAPTER VI: IMPLEMENTATION PROVISIONS (Articles 43 – 45)

Enforcement effect (Article 43)

Effective from 01/01/2022.
To annul Decrees 112/2013/ND-CP and 166/2013/ND-CP.

Responsibility for implementation (Articles 44 – 45)

Ministers, heads of agencies and chairpersons of provincial-level People’s Committees shall be responsible for the implementation of the Decree.

Conclusion and Next Steps
Decree 142/2021/ND-CP establishes a robust legal framework for the application of expulsion, custody, and escort against foreign nationals. The key to successful risk management is proactive compliance and immediate legal counsel upon being notified of any administrative violation.
Contact
Are you or a loved one currently facing a criminal investigation or prosecution in Vietnam?
At An Law Vietnam – Criminal Law Firm, we understand that hands-on litigation experience—with seasoned lawyers having navigated hundreds of criminal trials—is the critical factor determining the ultimate outcome of a case.
Leveraging over two decades of in-depth experience handling complex criminal matters, we are committed to formulating robust defense strategies, ensuring the maximal protection of our clients’ legitimate interests remains our foremost priority.
We provide strategic, reliable, and strictly confidential legal services tailored specifically for the expatriate community in Vietnam.
DO NOT HESITATE – We respect that you have various legal options. However, any delayed action can significantly jeopardize the outcome of your case. An Law Vietnam’s defense counsel meticulously analyzes logical evidence and identifies key issues to architect crucial legal advantages in your matter.
Contact An Law Vietnam – Criminal Law Firm
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
📍 Head Office: Diamond Plaza, 34 Le Duan Street, Sai Gon Ward, Ho Chi Minh City
🏢 Vung Tau Branch: Vo Thi Sau Street, Vung Tau Ward, Ho Chi Minh City