Decree No. 59/2026/ND-CP details forms of deportation penalties, temporary detention measures, and escort procedures applicable to foreign nationals who violate Vietnamese law during deportation procedures.

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.

vneconomy-Van Nguyen