Under the Government’s Decree No. 59/2026/ND-CP of February 13, 2026, which will take effects on April 1, deportation penalties, temporary detention measures, and escort procedures will be applied to foreign nationals who violate Vietnamese law during deportation procedures.
Accordingly, such measures will be applicable to the following individuals:
- Foreign nationals who commit administrative violations and are subject to temporary detention under administrative procedures;
- Foreign nationals who commit administrative violations and are subject to escort measures; and
- Foreign nationals who commit violations of Vietnamese law and are subject to deportation in accordance with the Law on Handling of Administrative Violations;
Subjects subject to deportation penalties
Under the Decree, deportation applies to foreign individuals who commit administrative violations within the territory, contiguous zone, exclusive economic zone, and continental shelf of Vietnam.
Foreign nationals committing violations on board aircraft bearing Vietnamese nationality or vessels flying the Vietnamese flag are also subject to deportation in accordance with the Law on Handling of Administrative Violations and relevant Government decrees governing administrative sanctions in specific sectors.
The authority to impose deportation penalties is implemented in accordance with Article 8 (Clause 6, Point d; Clause 7; and Clause 9) of Decree 189/2025/ND-CP dated July 1, 2025, detailing the Law on Handling of Administrative Violations.
Rights of persons subject to deportation
Individuals subject to deportation have the right to:
- Be informed of the reasons for deportation and receive the deportation decision at least 48 hours before its enforcement;
- Contact and notify the diplomatic or consular representative office of their country of nationality;
- Be provided with an interpreter when working with competent authorities;
- Request reconsideration of the deportation decision in accordance with the law;
- Enjoy the regimes specified in Decree 65/2020/ND-CP dated June 10, 2020, which regulates the organization and conditions for persons staying at accommodation facilities while awaiting departure;
- Take their lawful assets out of Vietnamese territory;
- Lodge complaints or denunciations in accordance with legal provisions
Obligations of deported individuals
Persons subject to deportation shall be required to:
- Fully comply with the deportation decision;
- Present identification and relevant documents at the request of immigration authorities;
- Comply with Vietnamese law and remain under the supervision of competent police authorities during deportation procedures;
- Fulfill any outstanding civil, administrative, economic, or other legal obligations (if applicable); and
- Complete exit procedures and leave Vietnamese territory within the timeframe specified in the deportation decision.
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