Conditions for persons serving imprisonment or persons enjoying temporary suspension of the execution of imprisonment to be granted pardons in Vietnam
Who is eligible for pardons in Vietnam in 2022?
According to Section I of Guidance 73/HD-HDTVĐX in 2022, implementing Decision 766/2022/QD-CTN on pardons in 2022, the following persons are eligible:
- Persons sentenced to fixed-term imprisonment, life imprisonment reduced to fixed-term imprisonment, currently serving their sentences at prisons, detention centers, or the criminal enforcement agency of the district police (hereafter referred to as inmates).
- Persons temporarily suspended from serving their prison sentences.
What are conditions for persons serving imprisonment to be granted pardons in Vietnam?
According to Clause 1, Article 3 of Decision 766/2022/QD-CTN on pardons in 2022, the conditions for granting pardons are defined as follows:
"Article 3. Conditions for recommendation for pardons
1. Persons serving fixed-term imprisonment, persons sentenced to life imprisonment reduced to fixed-term imprisonment, recommended for pardons must meet the following conditions:
a) Demonstrated significant progress, good rehabilitation awareness, and classified as having good or excellent compliance with prison regulations according to the law on criminal enforcement;
b) Have served at least half of the sentence for those sentenced to fixed-term imprisonment. If previously granted a reduction in the prison term, the reduced time is not counted toward the served time. Have served at least 15 years for those sentenced to life imprisonment reduced to fixed-term imprisonment. If further reductions are granted, the additional reduced time is not counted toward the served time;
Persons convicted of crimes such as sabotaging the implementation of socio-economic policies; destroying solidarity policies; organizing, coercing, or inciting others to escape abroad or to stay abroad to oppose the people's government; escaping abroad or staying abroad to oppose the people's government; persons convicted of 10 years or more for crimes against life, health, dignity, and honor as defined in the Criminal Code or sentenced to 7 years or more for robbery; kidnapping for ransom; illegal production of narcotics; illicit trafficking of narcotics; embezzlement of narcotics must have served at least two-thirds of the sentence. If previously granted a reduction, the reduced time is not counted. Have served at least 18 years for those sentenced to life imprisonment reduced to fixed-term imprisonment. If further reductions are granted, the additional reduced time is not counted;
c) Have completed additional financial penalties such as fines and court fees;
d) Fulfilled restitution, compensation for damages, and other civil obligations for corruption-related crimes;
dd) Completed or significantly fulfilled restitution, compensation for damages, and other civil obligations but not able to continue due to extreme economic hardship as regulated by the law on civil judgment enforcement for non-corruption-related crimes;
Where restitution, compensation for damages, and other civil obligations involve non-State-owned property, delay or non-enforcement is required by the relevant enforcee;
e) pardons will not negatively impact security and order;
g) Not fall under any category specified in Article 4 of this Decision."
Conditions for persons serving imprisonment to be granted pardons in Vietnam. (Image from the internet)
What are conditions for persons enjoying temporary suspension of the execution of imprisonment to be granted pardons?
According to Clause 2, Article 3 of Decision 766/2022/QD-CTN on pardons in 2022, the conditions for granting pardons are defined as follows:
"Article 3. Conditions for recommendation for pardons
2. Persons temporarily suspended from serving their prison sentences recommended for pardons must meet the following conditions:
a) Demonstrated significant progress, good rehabilitation awareness, and classified as having good or excellent compliance with prison regulations according to the law on criminal enforcement before the decision for temporary suspension;
b) Have served the required time specified in Point b, Clause 1 of this Article;
c) Meet the conditions specified in Points c, d, đ, e, and g, Clause 1 of this Article;
d) Complied with the law during the period of temporary suspension of serving the prison sentence.
3. Persons sentenced to fixed-term imprisonment who have served at least one-third of the sentence, and persons sentenced to life imprisonment reduced to fixed-term imprisonment who have served at least 13 years, or persons convicted of crimes specified in Point b, Clause 1 of this Article who have served at least two-fifths of the sentence for fixed-term imprisonment, 16 years for life imprisonment, if meeting the conditions specified in Points a, c, d, đ, e, and g of Clause 1, and Points a, c, and d of Clause 2 of this Article, may be recommended for pardons if they fall into one of the following categories:
a) Made significant achievements during imprisonment, certified by the prison, detention center, the criminal enforcement agency of the district police, or other competent authorities;
b) Persons with meritorious service to the revolution according to the law on preferential treatment for persons with meritorious service to the revolution; awarded the title “Heroic Martyr” during the resistance against American imperialism; awarded titles such as “Hero of Labor,” “People’s Teacher,” “People’s Doctor,” “People’s Artist,” “People’s Artisan”; awarded orders and medals for their contributions during the resistance; parents, spouse, children of martyrs, and persons who cared for martyrs during childhood; children of “Heroic Mothers of Vietnam”; parents, spouse, children of persons who contributed to the revolution, recognized with the “Medal for the Fatherland” or the “Certificate of Meritorious Service to the Fatherland”;
c) Suffering from terminal illness, or frequently falling ill, unable to care for themselves;
d) Under 18 years old at the time of committing the crime, except as specified in Clause 4 of this Article;
đ) Aged 70 years and above;
e) Facing special economic difficulties and being the sole breadwinner in the family;
g) Pregnant women or those with children under 36 months old living with them in prison or detention centers;
h) Persons with severe disabilities or extremely severe disabilities according to the law for persons with disabilities; persons with cognitive and behavioral difficulties according to civil law.
4. Persons under 18 years old serving a prison sentence who meet the conditions specified in Points a and g of Clause 1 of this Article, or persons under 18 years old temporarily suspended serving a prison sentence who meet the conditions stipulated in Points g of Clause 1, Points a and d of Clause 2 of this Article, may be recommended for pardons if they have served at least one-third or at least two-fifths of the sentence for crimes specified in Point b, Clause 1 of this Article."
The above are the regulations regarding cases eligible for pardons as per the 2022 legal provisions.
LawNet
