Bangladeshi nationals deported from the southern province of Đồng Nai after they were found overstaying their permitted period earlier in 2026. — VNA/VNS Photo

HÀ NỘI — The Government has recently issued new guidelines setting out detailed regulations on deportation penalties and the management of foreign nationals who violate Vietnamese law while awaiting deportation procedures.

Decree No. 59/2026/NĐ-CP establishes a comprehensive legal framework governing deportation measures, temporary detention, administrative escort procedures and the supervision of foreign offenders during the deportation process.

Comprising of six chapters and 44 articles, the decree defines subjects of application, procedures for imposing deportation and the rights and obligations of individuals subject to deportation orders.

It also specifies regulations concerning administrative detention and escort measures, including applicable cases, procedural requirements and responsibilities of competent authorities and related organisations involved in enforcement.

The decree applies to several groups, including individuals subject to administrative detention or escort measures, foreign nationals who commit administrative violations requiring deportation, authorised officials responsible for enforcement and agencies involved in managing deportation procedures.

Scope of deportation penalties

Under the decree, deportation penalties apply to foreign individuals committing administrative violations within Việt Nam's territory, contiguous zones, exclusive economic zones and the continental shelf.

The regulations also cover violations committed onboard aircraft bearing Vietnamese nationality or ships flying the Vietnamese flag, in accordance with the Law on Handling Administrative Violations and relevant government decrees.

Authority to impose deportation measures follows provisions outlined in Decree No. 189/2025/NĐ-CP, which details administrative sanctioning powers.

Rights and obligations of deported individuals

Foreign nationals subject to deportation are granted several rights, including being informed of the reason for deportation and receiving the deportation decision at least 48 hours before enforcement.

They are also entitled to contact diplomatic or consular representatives of their home country, request interpreters when working with authorities and seek legal review of deportation decisions in accordance with Vietnamese law.

Other rights include maintaining lawful personal property when leaving Việt Nam and lodging complaints or denunciations as permitted by law.

At the same time, deported individuals must comply fully with deportation decisions, present identification documents upon request and remain under police supervision during deportation procedures. They are also required to fulfil outstanding civil, administrative or financial obligations and complete exit procedures within the timeframe specified.

Cases eligible for postponement

The decree allows postponement of deportation enforcement in specific circumstances, including serious illness requiring emergency treatment or ongoing medical care certified by a recognised healthcare facility.

Postponement may also apply where individuals must fulfil legal obligations, are involved in ongoing criminal or civil proceedings under investigation, or when deportation cannot proceed due to epidemics, natural disasters, armed conflict, or refusal of entry by the receiving country.

Once postponement conditions no longer exist, deportation enforcement will resume.

Management during deportation procedures

Foreign nationals awaiting deportation may be placed under management measures where authorities determine there is a risk of absconding, obstructing enforcement, or continuing unlawful activities.

Such measures may include restrictions on movement, designation of a specific place of residence, and temporary confiscation of passports or equivalent identification documents.

Decree No. 59/2026/NĐ-CP will take effect from April 1, 2026, replacing Decree No. 142/2021/NĐ-CP, which previously governed deportation penalties and related administrative measures.

The new regulation also abolishes Article 66 of Decree No. 282/2025/NĐ-CP concerning administrative sanctions in the fields of security, public order, social safety, social evils prevention and domestic violence prevention. — VNS