On February 13, 2026, the Government issued Decree No. 59/2026/ND-CP, providing for the expulsion sanction, measures for temporary detention and escort of administrative violators, and the management of foreign nationals who violate Vietnamese law during the period in which expulsion procedures are being carried out.
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Order and dossier for requesting the application of the expulsion sanction effective from April 1, 2026
Pursuant to Article 8 of Decree No. 59/2026/ND-CP, the order and dossier for requesting the application of the expulsion sanction, effective from April 1, 2026, are as follows:
Order for requesting the application of the expulsion sanction:
+ Where a person performing official duties detects a foreign national committing a violation of law that falls under cases subject to the expulsion sanction, he/she shall prepare an administrative violation record in accordance with Clauses 1, 2, 3, 4, 5, 6, 7, and 8 Article 12 of Decree No. 118/2021/ND-CP, as amended and supplemented by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP, and other decrees on administrative sanctions in relevant fields;
+ Within the time limit prescribed in Clause 9 Article 12 of Decree No. 118/2021/ND-CP, as amended and supplemented by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP, the person who prepares the administrative violation record must send relevant documents of the violation case to the immigration management authority under the provincial-level Police where the violation occurs for the preparation of a dossier requesting the application of the expulsion sanction. In cases where the violation is detected by central-level authorities or professional units under the Ministry of Public Security, the relevant documents shall be sent to the Immigration Department under the Ministry of Public Security for the preparation of a dossier requesting the application of the expulsion sanction.
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+ Within 03 working days from the date of receipt of the relevant documents of the violation case, the immigration management authority under the provincial-level Police or the professional divisions under the Immigration Department shall be responsible for examining such documents. If the conditions for applying the expulsion sanction are not satisfied, they must promptly notify the authority that detected the violation; if the conditions are satisfied, they shall complete the dossier requesting the application of the expulsion sanction in accordance with Clause 2 Article 8 of Decree No. 59/2026/ND-CP.
- Dossier for requesting the application of the expulsion sanction includes:
+ A summary of the personal background and the unlawful acts of the person proposed to be subject to the expulsion sanction;
+ The administrative violation record of the person proposed to be subject to the expulsion sanction;
+ Documents and evidence of the administrative violation;
+ Documents on administrative sanctions previously imposed (in cases of repeated violations or recidivism);
+ A written request for the application of the expulsion sanction, clearly stating whether the expulsion sanction is the principal penalty or an additional penalty in the case specified at Point b Clause 1 Article 9 of Decree No. 59/2026/ND-CP.
For more details, please refer to Decree No. 59/2026/ND-CP, effective from April 1, 2026.
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