Laws of Vietnam

For this matter, the Prime Minister already issued Directive No.07-HDBT of November 19, 1989 on the Vietnamese who had illegally left the country and later voluntarily returned home, Directive No. 294-CT of October 1st, 1991 on the settlement of the issue of illegal emigrants, and Decision No.599-TTg of October 18, 1994 on the consideration for the reception of Vietnamese citizens expelled home by Canada.

Though these documents did tackle in time specific and immediate questions, they contained some points that are no longer suitable for the new situation.

To protect the legitimate rights and interests of Vietnamese repatriates, to ensure national security and order, social safety and, at the same time, to meet the requirements of the external relations in the new situation, the Prime Minister instructs:

I. CONDITIONS AND PROCEDURES FOR RECEIVING VIETNAMESE CITIZENS WHO ARE REFUSED RESIDENCE OR FORCIBLY SENT BACK BY FOREIGN COUNTRIES

1. Objects for consideration for reception are people who still keep their Vietnamese nationality and, at the same time, do not bear other nationality(ies), who previously had a place of residence in Vietnam and are now guaranteed by an economic or social organization or an individual residing in Vietnam (and a number of specific cases for humanitarian reasons).

2. The principle of orderly and safe return must be ensured and the dignity of the returnees must be respected.

3. To ensure the reception and reintegration of the returnees with financial assistance from international agencies or the concerned country(ies).

4. There must be an agreement between Vietnam and the concerned foreign country(ies).

1. The Ministry of Foreign Affairs shall coordinate with the Ministry of the Interior and the concerned Ministries to consider negotiating with the concenred foreign country(ies) on the following questions:

a/ If the number of returnees is large or complexity is involved, it is necessary to negotiate and sign a treaty(ies) or an agreement(s) with the concerned country(ies) on the reception of Vietnamese citizens who are refused residence in foreign countries, in which the conditions and procedures prescribed in this Circular shall be provided for in details.

b/ If the number of returnees is small, not in batch, and no complexity is involved, it is not necessary to negotiate and sign a treaty(ies) or an agreement(s). The two sides shall cooperate in the settlement. The foreign country shall send necessary requirements and information about the returnees, Vietnam shall verify them and to reply (agrees or refuses to accept), then the two sides shall fill the procedures for the handover. The reception procedures are defined as follows:

+ The foreign country hands over to Vietnam (through the diplomatic channel) the photos of and necessary information on the returnees, their families or relatives in Vietnam, the time and reasons for their forcible repatriation...

+ The Ministry of the Interior shall verify personnel information and notify the results to the Ministry of Foreign Affairs as soon as possible so as to answer the foreign country about Vietnam's decision (agree or refuse to accept).

2. The diplomatic representation, the consulate of Vietnam in the foreign country shall issue necessary papers to the accepted returnees and coordinate with the Vietnamese and foreign agencies in organizing their handover.

c/ Financial support for the reception:

The Ministry of Foreign Affairs shall, together with the relevant branches, make a request(s) to the foreign country(ies) for financial support in appropriate forms for the reception and reintegration of Vietnamese returnees, especially when there are large numbers of returnees from Germany and the Netherlands.

II. ASSIGNMENT OF RESPONSIBILITIES AMONG CONCERNED VIETNAMESE AGENCIES

1. The Ministry of Foreign Affairs shall preside over and work with the Ministry of the Interior and the other concerned Ministries in negotiating and signing a treaty(ies) or an agreement(s) with the foreign country(ies) and in dealing with the external issues relating to the reception of Vietnamese citizens who are refused residence by foreign countries.

2. The Ministry of the Interior shall preside over the organization of the reception of the returnees, direct the verification of personnel information, ensure the reception of the right people and direct the activities in various aspects relating to political security, social order and safety.

3. The Ministry of Labor, War Invalids and Social Affairs shall direct the issues relating to the reintegration of the returnees; organize and guide the concerned localities in receiving and taking the returnees to their native places and families; work out projects on utilizing foreign financial assistance then submit it to the Government for decision in case there is foreign financial assistance for the reception and reintegration of the returnees; take part in negotiating and signing the agreement on financial assistance in accordance with the approved projects.

4. The Ministry of Finance shall manage the sources of foreign financial assistance in accordance with Decree No.58-CP of the Prime Minister; provide funds for organizing the reception of the returnees in case there is no foreign financial assistance.

5. The Ministry of Health shall arrange its medical personnel and facilities to serve the reception of the returnees: to give health check-ups if necessary; manage the medical records of the returnees; and prevent and combat the transmission of infectious diseases into our country.

6. The People's Committees of the provinces and cities directly under the Central Government shall direct the local agencies in ensuring the reintegration of the returnees; support the police in the verification of personnel information and the maintenance of security and order.

The Prime Minister requests the Ministers, the Heads of the concerned branches and localities to organize well the implementation of this Directive and report in time the newly arising issues for the adoption of suitable undertakings and measures.

For the Prime Minister

Deputy Prime Minister