Are stateless people deported when they commit crimes?

According to Point d, Clause 1, Article 32 of the 2015 Criminal Code, expulsion is one of the main penalties or an additional penalty if the main penalty is not applied to the offender.

According to this regulation, it can be understood that deportation is a punishment for foreigners and the content of this penalty is to force that foreigner to leave the territory of Vietnam after being sentenced to prison. In particular, foreigners residing in Vietnam are defined in Clause 5, Article 3 of the 2008 Law on Vietnamese Nationality:

“Foreigners residing in Vietnam” are foreign nationals and stateless persons who permanently or temporarily reside in Vietnam.”

Thus, from the above regulations, it can be seen that foreigners include people with foreign nationality and people without nationality and these are also subjects who will be deported from Vietnam if convicted and convicted. Expulsion is the main or additional penalty for this crime.

Cases of deportation of stateless persons

A stateless person will be deported if they fall into one of the following cases:

- When committing a crime:According to Article 37 of the 2015 Criminal Code, stateless people will be deported as a main penalty or an additional penalty in each specific case according to the Court's decision.

- When committing administrative violations: According to Article 27 of the Law on Handling of Administrative Violations, expulsion is one form of sanction for administrative violations. This violation was committed within the territory, contiguous zone, exclusive economic zone and continental shelf of Vietnam; on aircraft with Vietnamese nationality; Ships flying the flag of Vietnamese nationality.

- When there is no work permit in Vietnam: Based on Article 153 of the 2019 Labor Code, when a foreign worker (including a stateless worker) cannot present a work permit, he or she will be forced to leave the country or deported from the territory of the Socialist Republic. Vietnamese meaning.

At that time, the deported person will have the rights mentioned above Article 7 of Decree No. 142/2021/ND-CP:

a) Know the reason for the deportation, receive the deportation decision at least 48 hours before the execution;

b) Require an interpreter when working with a competent agency or person;

c) Receive statutory benefits as prescribed in Decree No. 65/2020/ND-CP dated June 10, 2020 on benefits for people staying at accommodation establishments during the waiting period for exit;

d) Bring their lawful property out of the Vietnamese territory;

dd) Lodge complaints and file whistleblowing reports in accordance with the law on settlement of complaints and whistleblowing reports.

Along with rights, stateless people must fulfill the following obligations:

a) Fully comply with the provisions stated in the decision on penalty for administrative violations including the deportation;

b) Present identification papers at the request of immigration authorities;

c) Comply with Vietnamese law and abide by the management of the police whilst deportation in in progress;

d) Quickly fulfill all civil, administrative and economic obligations as prescribed by law (if any);

dd) Complete the necessary procedures to leave the Vietnamese territory.