The National Day of the Socialist Republic of Vietnam: What are the contents of the dossier, order and procedures for considering pardon for offenders on September 2, 2022?
What is the content of the dossier of request for pardon for offenders in Vietnam?
According to subsection 1, Section IV, Guideline 73/HD-HDDVDX in 2022, to implement Decision 766/2022/QD-CTN on pardon in 2022 as follows:
"IV. DOCUMENTATION, ORDER AND PROCEDURES FOR PARDON
1. Dossier of request for pardon
a) A dossier of request for pardon includes the documents specified in Article 5 of Decree No. 52. In addition, in some specific cases, the following documents and documents are required:
- An inmate or a person currently suspended from serving a prison sentence with a previous conviction but whose criminal record has been expunged must have one of the following documents proving that his/her criminal record has been expunged: Certificate or decision on criminal record remission issued by a competent court to persons with previous convictions to have their criminal records expunged; the sentence states that there is a criminal record but the criminal record has been expunged; A criminal record certificate certifying that there is no criminal record issued by the National Center for Criminal Records or the Department of Justice;
- An inmate or a person who is being suspended from serving a prison sentence in the cases specified at Point e, Clause 3, Article 3 of the Decision on pardon in 2022 must have an application from the inmate's family or from the person on temporary suspension on the family situation is extremely difficult and the inmate himself or the person being suspended is the only worker in the family (specify the specific circumstances of each family member including: What is year of birth of the father, mother , wife (or husband), children, brothers, sisters, siblings? Where are they living? What are they doing?). The application must be certified by the commune-level People's Committee of the locality where the inmate's family or the person's family is temporarily suspended from residing (applications without the certification of the commune-level People's Committee are not accepted). ;
- Persons sentenced to prison and awarded the titles of People's Teacher, People's Doctor, or People's Artist must have a copy of the award decision.
Superintendents of prisons, superintendents of detention camps, heads of criminal judgment, execution agencies of district-level police offices, chief justices of provincial-level people's courts, chief justices of military courts of military zones shall be copied from the original or a copy of the original. valid copies of documents such as judgments, medical records, conclusions of medical assessment, documents certifying the implementation of additional penalties such as fines, payment of court fees, and examinations. performance of the obligation to return property, compensation for damage, other civil obligations and other documents related to the conditions for which the sentenced person is offered pardon. When submitting the list and dossier of request for pardon for the interdisciplinary appraisal team to study and appraise, there must be originals or valid copies to use instead of the originals of these documents for inspection and comparison.
b) List, dossier and statistics of inmates eligible for special pardon of prisons, detention camps, criminal judgment execution agencies of district-level police offices and list, dossiers and statistics of persons on temporary suspension. Only serving prison sentences proposed for special pardon issued by the provincial-level People's Courts or military zone-level military courts shall be made into four sets of red seals for the interdisciplinary appraisal team to appraise.
After the appraisal is completed, a set with a red seal and full original identification documents or a notarized copy of a competent agency shall be kept at the detention center, detention center or criminal judgment execution agency of the district-level security courts, provincial-level People's Courts, and military zone-level military courts."
The National Day of the Socialist Republic of Vietnam: What are the contents of the dossier, order and procedures for considering pardon for offenders on September 2, 2022? (Image from the internet)
What is the order and procedures for preparing dossiers, list of people eligible for special pardon in Vietnam?
According to subsection 2, Section IV of Guideline 73/HD-HDDVDX in 2022, to implement Decision 766/2022/QD-CTN on pardon in 2022 as follows:
"IV. DOCUMENTATION, ORDER AND PROCEDURES FOR PARDON
...
2. Order and procedures for preparing dossiers and lists of persons eligible for pardon
a) The order and procedures for preparing dossiers and lists of people eligible for special pardon shall comply with the provisions of Article 15 of the Law on pardon, Article 7 of Decree No. 52, in which:
- The posting and dissemination of the Decision on pardon in 2022 for prisoners shall be carried out as follows: Immediately after the Decision on pardon in 2022 is published and announced on the mass media, the Office of the President The copy country sends the Decision on pardon in 2022 to the Standing Committee of the Special pardon Advisory Council for timely transfer to prisons, detention camps and criminal judgment execution agencies of the district-level police office to list and disseminate to offenders. people know.
- The prepare of dossiers and lists of persons eligible for request for special pardon who are serving sentences at detention camps of the Ministry of Public Security, detention camps of provincial-level police offices, criminal judgment execution agencies of district-level police offices and prisons and detention camps of the Ministry of National Defense to send to the interdisciplinary appraisal team to do the following:
+ After receiving the dossier and list of persons eligible to request special pardon, the superintendent of the detention center of the Ministry of Public Security, the superintendent of the detention center of the provincial-level police department, the head of the criminal judgment execution agency District Security Newspaper Report, the Director of the Investigation Security Department, the Ministry of Public Security, the Chief of the Office of the Investigative Police Agency, the Ministry of Public Security, the Head of the criminal judgment execution agency of the provincial-level Public Security Department shall inspect, review and make a list of , dossiers of persons eligible for pardon to be sent to the interdisciplinary appraisal team.
+ After receiving the dossier and list of persons eligible for special pardon, reported by the superintendent of the prison, the detention center affiliated to the Ministry of National Defense or the head of the military zone-level criminal judgment execution agency, the Prime Minister The head of the criminal judgment execution management agency of the Ministry of National Defense shall examine, consider and compile a list and dossier of persons eligible for special pardon to be sent to the interdisciplinary appraisal team.
What is the order and procedures for preparing an application for pardon in special cases in Vietnam?
According to subsection 2, Section IV of Guideline 73/HD-HDDVDX in 2022, to implement Decision 766/2022/QD-CTN on pardon in 2022 as follows:
"IV. DOCUMENTATION, ORDER AND PROCEDURES FOR PARDON
...
2. Order and procedures for preparing dossiers and lists of persons eligible for pardon
b) Order and procedures for preparing application for pardon in special cases:
- The Government assigns the Ministry of Public Security and the Ministry of National Defense to direct prisons, detention camps and criminal judgment execution agencies of district-level police offices to compile dossiers of request for pardon in special cases for inmates serving prison sentences. serving a prison sentence with internal or external requirements;
- The Supreme People's Court shall direct and guide the People's Courts and military courts at all levels to compile dossiers and lists of requests for special pardon for persons who are temporarily suspended from serving a sentence. prisoners who are ineligible for special pardon but have internal or external requests or who are being postponed serving their prison sentences but have domestic or foreign requests; gather dossiers and list of persons who are being postponed or suspended from serving prison sentences and are proposed for pardon in special cases, and submit them to competent agencies for consideration and approval;
- The Government shall assume the prime responsibility for, and coordinate with the Supreme People's Court, the Supreme People's Procuracy and relevant agencies and organizations in reviewing and approving dossiers of persons requested for special pardon in special cases due to special circumstances. The Ministry of Public Security, the Ministry of National Defense and the Supreme People's Court request to make a dossier and list and submit it to the President for consideration and decision."
Thus, the above is the regulation on dossiers, order and procedures for considering pardon for offenders on the occasion of National Day of the Socialist Republic of Vietnam September 2, 2022.
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