DECREE Prescribing the organization of management of and regimes for stayers at accommodation establishments pending exit from the country Pursuant to the June 19, 2015 Law on Organization of the Government; Pursuant to the June 14, 2019 Law on Execution of Criminal Judgments; Pursuant to the June 20, 2012 Law on Handling of Administrative Violations; Pursuant to the June 16, 2014 Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam; Pursuant to the November 25, 2019 Law Amending and Supplementing a Number of Articles of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam; At the proposal of the Minister of Public Security; The Government promulgates the Decree prescribing the organization of management of and regimes for stayers at accommodation establishments pending exit from the country. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Decree prescribes in detail the organization of management of and regimes (including meals, clothes, accommodation, living, communication, visit, gift receipt, medical examination and treatment, and burial expenses) for people serving the expulsion sentence, foreigners subject to expulsion as an administrative sanction, and foreigners having completely served their imprisonment sentences and staying at accommodation establishments of the Ministry of Public Security pending completion of exit procedures (below collectively referred to as stayers). Article 2. Subjects of application This Decree applies to stayers; agencies, organizations and individuals involved in the organization of management of and implementation of regimes for stayers. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains different provisions, the provisions of such treaty shall prevail. Article 3. Funding for implementation Funding for the construction of physical foundations and procurement of equipment and facilities and the assurance of regimes for stayers shall be ensured by the state budget and included in the annual budget estimate of the Ministry of Public Security. Chapter II ORGANIZATION OF MANAGEMENT OF AND REGIMES FOR STAYERS Article 4. Organization of management of stayers 1. Stayers shall stay at accommodation establishments and submit to the management and supervision by their accommodation establishments, be informed of the establishments’ internal regulations and the provisions of law on management and implementation of regimes for stayers. Accommodation establishments shall organize the receipt and management of persons who are named in decisions to bring them to accommodation establishments and hand over stayers from accommodation establishments in accordance with law as well as regulations of the Ministry of Public Security. Accommodation establishments shall comply with regulations on guard and escort of stayers and strictly manage stayers during their stay; make plans and apply measures to protect the safety of accommodation establishments; coordinate in searching stayers who escape from the accommodation establishments; inspect letters, postal items, cash, valuable papers and personal items of stayers in order to find, prevent and dispose of articles banned from being brought into accommodation establishments; receive and respond to letters and requests for information relating to accommodation establishments and stayers, and manage the stayers’ dossiers and databases in accordance with law. 2. The Ministry of Public Security shall specify the internal regulations of accommodation establishments and the order and procedures for receiving and managing persons who are named in decisions to bring them to accommodation establishments and for handing over stayers from accommodation establishments. Article 5. Handling of stayers who violate the internal regulations of accommodation establishments 1. In case a stayer violates the internal regulations of his/her accommodation establishment, opposes or disobeys instructions of the accommodation establishment’s officer, a written record of such violation shall be made to the witness of other persons and, depending on the nature and severity of the violation, the accommodation establishment’s officer shall explain the regulations on the management and implementation of regimes and policies for stayers, ask the stayer to observe the accommodation establishment’s internal regulations and obey the officer’s orders. In case of necessity, the accommodation establishment’s officer may take measures prescribed by law to suppress and confine the stayer to a separate room, and suppress his/her opposing acts, prevent and stop him/her from escaping, committing acts that endanger the life or health of his/her own, other stayers or officers of the accommodation establishment, or damaging the accommodation establishment’s property. The duration of confinement of stayers in a separate room shall be decided by the head of the accommodation establishment. The accommodation establishment shall immediately notify the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located for further notification to the criminal judgment execution agency of the provincial-level Department of Public Security which has compiled the judgment execution dossier and the court which has issued the judgment execution decision (in case the stayer is serving the expulsion sentence), or to the Immigration Department or the Director of the provincial-level Department of Public Security which has compiled the dossier of proposal on expulsion (for a foreigner subject to expulsion as an administrative sanction) for coordination, settlement and notification to the Ministry of Foreign Affairs for further notification to the diplomatic mission or consulate of the country of which such person is a citizen or to the Vietnam-based representative office of the international organization where he/she works; at the same time, the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located shall notify the stayer’s stay to his/her relative or lawful representative who resides in Vietnam (if any) for coordination in encouraging, educating and managing the stayer. 2. In case a stayer’s violation shows signs of crime, the accommodation establishment shall immediately report it to a competent investigation agency for initiation of a criminal case, investigation and handling in accordance with law. Pending decisions of competent proceeding-conducting agencies, the accommodation establishment shall strictly manage such stayer, prevent him/her from escaping, committing suicide or violating the accommodation establishment’s internal regulations; at the same time, notify the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located for further notification to the agencies specified in Clause 1 of this Article for coordinated settlement. Article 6. Accommodation regime for stayers 1. Stayers shall be arranged in a gender-based collective room; the minimum sleeping area is 3 m 2 /person (those with small children will be provided with a minimum sleeping area of 4 m 2 ), with a ceramic tile floor or a bed, a toilet, a mat, a blanket and a mosquito net. Stayers who are lesbians, gays or transgender people or have an unidentified gender may be arranged in a separate room. 2. Stayers suffering category-A infectious diseases or certain category-B infectious diseases as prescribed by the law on prevention and control of infectious diseases or those suffering mental illnesses or other diseases that impair their cognition or behavior control ability shall be arranged in a separate room. Article 7. Meals and clothes for stayers 1. Meals for stayers shall be guaranteed by the State according to the following monthly quantitative allowances: 17 kg of ordinary rice; 15 kg of green vegetables; 1 kg of meat; 1 kg of fish; 0.5 kg of sugar; 0.75 liter of fish sauce; 0.2 liter of cooking oil; 0.1 kg of monosodium glutamate; 0.5 kg of salt; other spices equivalent to 0.5 kg of ordinary rice; fuel equivalent to 17 kg of firewood or 15 kg of coal; food and fuel must be of standard quality and average prices according to local market prices. During holidays and New Year days as prescribed by Vietnam’s law, and 1 day of traditional New Year festival and 1 National Day of the country of which stayers are citizens, stayers are entitled to extra food not exceeding 5 times the normal daily allowances. Accommodation establishments may decide to swap the actual quantities of different kinds of food so that stayers can consume all the allowances. 2. In addition to the food allowances prescribed in Clause 1 of this Article, stayers may use their gifts and money for buying extra food according to regulations of accommodation establishments. 3. Stayers shall be guaranteed to have hygienic and safe food and drinks. An accommodation establishment may organize a collective kitchen with the following standard equipment and utensils: stove; cookers of rice, water and food; pans, cupboards, water pots; baskets, bowls, chopsticks, tables, chairs and other necessary utensils and appliances for cooking, preserving food, boiling water and dividing food for stayers according to standard rations. 4. Meals for sick or diseased stayers shall be decided by the head of their accommodation establishment as instructed by a medical worker. Female stayers during the period of pregnancy, giving birth or nursing a child under 36 months of age are entitled to a food ration equal to 2 times the normal daily ration as prescribed in Clause 1 of this Article, which may be swapped as prescribed by a medical physician. 5. Stayers may bring into their accommodation establishment essential personal belongings for use according to regulations of the Ministry of Public Security. In case a stayer lacks clothes, depending on the length of his/her stay and the weather conditions, one set to two sets of ordinary-fabric clothes may be provided to him/her. Article 8. Regime of physical exercise, sports, cultural and artistic activities for stayers Stayers are entitled to do physical exercise, play sports and participate in cultural and artistic activities, read books and newspapers, listen to radio and watch television as suitable to the conditions of their accommodation establishment. Every accommodation establishment shall be equipped with an internal radio system; each room shall be equipped with one television set and stayers can borrow books and newspapers from their accommodation establishment. The stayers’ duration of doing physical exercise, playing sports, participating in cultural and artistic activities, reading books and newspapers, listening to radio and watching television must comply with the internal regulations of their accommodation establishment. Article 9. Communication regime for stayers 1. Stayers may make phone calls, receive letters from and send letters to their relatives and lawful representatives, diplomatic missions or consulates according to the regulations of their accommodation establishment, and shall pay telephone and postal charges. 2. Stayers’ communication regime is specified as follows: a/ Stayers may send 4 letters a month. For a stayer who is being verified, investigated or handled for criminal acts or involved in other criminal cases for which the agency accepting the cases makes a written request for strict censorship of letters sent and received by the stayer in order to prevent him/her from exchanging with other people the information that may affect the investigation and verification activities, the head of the accommodation establishment shall, before permitting the stayer to receive or send a letter, notify the letter’s content to the case-accepting agency and agree with the latter whether to allow or disallow the stayer to receive or send the letter. If disallowing the stayer to receive or send a letter, the head of the accommodation establishment shall make a written record clearly stating the reason and notify such to the stayer and his/her relatives. b/ The accommodation establishment shall coordinate with the local post and telecommunications agency to install wired or wireless fixed telephones and allow stayers to make 4 domestic phone calls a month, with each call lasting no more than 10 minutes. In urgent cases, based on the contents of a written request of a stayer, the head of the accommodation establishment may consider and allow the stayer to make a phone call lasting no more than 10 minutes. When making such a phone call, the stayer shall dial the phone number and talk on the content as registered. The head of the accommodation establishment shall appoint an officer to closely supervise the exchanged content of the stayer’s phone call; if detecting that the exchanged content is not the registered content, the appointed officer shall immediately stop the phone call and clearly explain the reason to the stayer, and when deeming it necessary, make a written record of the stoppage. Phone call charges shall be paid by stayers from their deposited money according to the rate set by the post and telecommunications agency in the form of book entry or from other sources of funding as approved by the head of the accommodation establishment. For a stayer who is being verified, investigated or handled for criminal acts or involved in other criminal cases for which the agency accepting the cases makes a written request for strict censorship of the stayer’s phone calls in order to prevent him/her from communicating with other people the contents that may affect the investigation and verification activities, the head of the accommodation establishment shall, before allowing the stayer to make a phone call, exchange information with and request the case-accepting agency to coordinate and strictly control the stayer’s phone call. If detecting that the stayer is exchanging contents that may affect the investigation or verification activities, the head of the accommodation establishment shall agree with the case-accepting agency to immediately stop the phone call, make a written record, clearly stating the reason, and inform such stoppage to the stayer and his/her relatives. Article 10. The regime of visit and receipt of gifts for stayers 1. Stayers may meet their relatives or lawful representatives at meeting rooms of their accommodation establishment once a week with each meeting lasting no more than 2 hours. In case a representative of a Vietnamese agency or organization or another Vietnamese individual requests meeting a stayer, the head of the accommodation establishment shall consider and decide to accept such request if deeming that it is in the lawful interest of the stayer and satisfies the requirements on stayer management and crime prevention and combat. Stayers who strictly observe the internal regulations of their accommodation establishment may meet their spouses in a separate room of the accommodation establishment once a month for no more than 24 hours. Stayers who violate the internal regulations of their accommodation establishment may meet their relatives once a month for no more than 1 hour. For a stayer who is being investigated and handled for other criminal acts or involved in other criminal cases for which the agency accepting the cases makes a written request for his/her accommodation establishment to disallow the stayer to meet other people or requests coordination with the accommodation establishment to supervise the stayer’s visits, the head of the accommodation establishment shall consider and implement such request and clearly explain it to the visitors of the stayer. 2. Relatives who are entitled to meet the stayers include the latter’s maternal and paternal grandparents; natural parents; parents-in-law; legally adoptive parents; spouses; natural children, children-in-law, legally adopted children; natural siblings, siblings-in-law; spouses’ siblings; aunts, uncles, nieces and nephews. Each visit may involve no more than 3 relatives. In special cases to meet the requirement of management and education of stayers, the head of the accommodation establishment may decide to increase the number of relatives to 5 people at most per visit and shall ensure that such visit does not affect the security and safety of the accommodation establishment. 3. Visit procedures: a/ A relative or lawful representative who wishes to visit a stayer shall file a written request in Vietnamese or translated into Vietnamese according to Form No. 01 in the Appendix to this Decree together with his/her passport or people’s identity card or citizen identity card or another personal identity paper for the accommodation establishment to check and organize a visit for the right subject. b/ If a stayer is allowed to meet his/her spouse in a separate room as prescribed in Clause 1 of this Article, the stayer’s spouse shall complete the visit procedures specified at Point a, Clause 3 of this Article and must have papers and documents proving that he/she is the spouse of the stayer, certified by a diplomatic mission or consulate of the country of which the spouse is a citizen or by the Vietnam-based representative office of the international organization where the spouse works, or by the commune-level People’s Committee of the locality where the spouse resides (in case the spouse is Vietnamese); the stayer and his/her spouse shall each make a written request for a meeting in a separate room according to Form No. 02 in the Appendix to this Decree and send it to the head of the accommodation establishment for consideration and decision. c/ The permission for stayers to meet their relatives shall be decided by the head of their accommodation establishment depending on the accommodation establishment’s conditions and working hours, and the duration of visit as prescribed in Clause 1 of this Article. 4. Procedures for consular visits and meetings: a/ Foreign diplomatic missions or consulates that request consular visits or meetings with stayers who are citizens of their country staying at an accommodation establishment shall send a written request to the Ministry of Foreign Affairs. Such request must state the name of the requesting diplomatic mission or consulate; full name and citizenship of the stayer to be visited; the stayer’s accommodation establishment; full name, title, diplomatic or official identity card(s) of the visiting person(s); full name, people’s identity card or citizen identity card of the interpreter (if any); and proposed time of a consular meeting or visit. b/ Within 3 working days after receiving the request, the Ministry of Foreign Affairs shall notify the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located. Within 5 working days after receiving the notice, the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the accommodation establishment is located shall issue a written reply to the Ministry of Foreign Affairs for notifying the requesting foreign diplomatic mission or consulate to apply for a letter of introduction for a consular meeting or visit. 5. During a visit, a stayer may receive letters, money and articles, except those on the prohibited list according to the internal regulations of the accommodation establishment; the accommodation establishment shall check the articles before they are brought into the accommodation establishment. The management and use of money and articles of stayers must comply with Article 11 of this Decree. 6. Visitors shall strictly comply with Vietnam’s law, the rules

Decree 65/2020/ND-CP