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The Sanction of Expulsion from the State of Vietnam

https://doi.org/10.17803/2313-5395.2019.2.12.383-408

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Abstract

The sanction of expulsion is a significant coercive measure that a State has to remove unwanted persons from its territory. Such powers should not be used arbitrarily, but rather in the situations which the legislature decrees, by properly defined and regulated practices. Not least of the reasons for this is the need for legal certainty and avoiding being subject to the sanction of expulsion. Nonetheless a “big data” review of the 92 Vietnamese decrees which provide for this sanction reveals a number of inconsistencies. These are reviewed and analysed in detail.In doing so, the anomalous and parallel sanction of “compelled exit” is also reviewed, together with situations where the person who is the competent authority to order expulsion or compelled exit - either does not have the power to do so, or does not have sufficiently clear guidance on how to decide if these sanctions are appropriate. The author draws a number of specific conclusions on the changes which shoulld be implemented to correct this situation - and proposes a new Code for the handling of Administrative Offences, similar to that in the Russian Federation. In doing so, he identifies the need for an incremental approach to solving this problem, such that the Government and Legislative Assembly come to a mutual understanding of the problems to be resolved and the nature of the work to achieve this. From the angle of sanction of administrative violations, expulsion means compelling foreigners who have committed acts of administrative violations in Vietnam to leave the territory of the Socialist Republic of Vietnam. On the basis of reference to the laws of some countries in the world on the issue of expulsion, the author made some comments and suggested directions to perfect the form of expulsion under Vietnamese law.

About the Author

Cao Vu Minh
Ho Chi Minh City University of Law
Russian Federation


Review

For citation:


Cao Vu Minh . The Sanction of Expulsion from the State of Vietnam. Kutafin Law Review. 2019;6(2):383-408. https://doi.org/10.17803/2313-5395.2019.2.12.383-408

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ISSN 2713-0525 (Print)
ISSN 2713-0533 (Online)