Vietnam has introduced a new comprehensive legal framework that oversees deportation penalties, temporary custody, escort procedures, and the management of foreign nationals violating Vietnamese law. Effective April 1, 2026, these rules are detailed in Decree No. 59/2026/ND-CP (“Decree 59”), which broadens and clarifies procedures and rights related to foreigners, including expatriates and foreign investors in Vietnam.
Decree 59 establishes procedures and legal safeguards for applying deportation as an administrative penalty, as well as for temporary detention and escort measures, and for the management of foreign nationals during deportation procedures.
It replaces earlier fragmented practices with a unified, detailed regime of processes, rights, and obligations.
Who is covered by the new rules?
Under the decree, deportation and related administrative procedures may apply to the following subjects:
- Foreign nationals subject to administrative temporary detention;
- Foreign nationals under escort for administrative purposes; and
- Foreign nationals who commit violations requiring deportation under the Law on Handling Administrative Violations.
This includes violations committed anywhere in Vietnam, including territorial waters and Vietnamese-registered aircraft or vessels.
Key elements of the deportation procedure
Initiation and documentation
When a foreign national is identified as committing an offense subject to deportation, law enforcement must:
- Prepare a violation report consistent with administrative procedural law;
- Submit all supporting documents to the provincial immigration authority for review; and
- Immigration authorities then compile and complete the application dossier for deportation.
The dossier typically includes personal information, evidence of violations, administrative reports, and any prior enforcement actions.
Rights of individuals subject to deportation
Decree 59 clearly sets out the rights of individuals facing deportation, offering legal safeguards and procedural fairness:
- The right to be informed of reasons for deportation and receive the decision at least 48 hours before enforcement;
- The right to contact their embassy or consulate;
- The right to request interpretation assistance during proceedings;
- The right to seek reconsideration of the deportation decision under law;
- The right to have lawful personal assets returned when leaving Vietnam; and
- The right to file complaints and denunciations against enforcement decisions.
These protections aim to ensure transparency and respect for due process.
Obligations of foreign nationals under deportation
Individuals subject to deportation are required to:
- Fully comply with the deportation decision;
- Present identification and relevant documents when requested;
- Respect Vietnamese law during the enforcement process;
- Fulfill outstanding civil, economic, or administrative obligations; and
- Complete exit procedures and depart Vietnam within the specified timeframe.
Non-compliance can lead to stricter enforcement actions, including expedited removal.
Temporary custody and escort measures
Decree 59 also clarifies administrative custody and escort procedures that may precede deportation. These aim to ensure public order and security during enforcement, and outline the roles of law enforcement in transporting individuals from the place of violation to immigration facilities and departure points.
Practical implications for foreigners in Vietnam
For foreigners living or working in Vietnam, including business executives, investors, and long-term residents, understanding these rules is vital:
- Compliance with local laws and administrative regulations is essential to avoid deportation procedures;
- In cases of alleged violations, early legal counsel and engagement with consular representatives can help protect rights; and
- Employers of foreign workers should stay aware of administrative procedures that can affect work permits, visas, and residence status.
Decree 59’s explicit processes and rights-based provisions signify Vietnam’s effort to balance enforcement with due process in its administration of foreign nationals.
Looking ahead
Decree 59 takes effect from April 1, 2026, coinciding with broader reforms in Vietnam’s administrative justice and immigration laws. Foreign businesspersons and international organizations in Vietnam should review relevant internal compliance and HR policies to ensure alignment with these updated deportation rules.
