What are details of Decision 758/2024/QD-CTN on pardon in 2024 issued by the President of Vietnam? What are the conditions for being considered for pardon on the National Day - September 2, 2024 in Vietnam?

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What is pardon?

Pursuant to Article 3 Law on pardon 2018, it is explained as follows:

- pardon is a special leniency of the State decided by the President to release prisoners before the expiration of their sentences on the occasion of major events, national holidays, or in special cases.

- The decision on pardon is a document issued by the President that stipulates the time of pardon, the subjects, and the conditions for individuals proposed for pardon on the occasion of major events or national holidays and the responsibilities of agencies and organizations in implementing the pardon.

- The pardon decision is a document of the President to release individuals sentenced to fixed-term imprisonment or life imprisonment before the expiration of their sentences.

What are details of Decision 758/2024/QD-CTN on pardon in 2024 issued by the President of Vietnam? What are the conditions for being considered for pardon on the National Day - September 2, 2024 in Vietnam? (Image from the Internet)

What are details of Decision 758/2024/QD-CTN on pardon in 2024 issued by the President of Vietnam?

The President issued Decision 758/2024/QD-CTN on July 30, 2024, on pardon in 2024. To be specific:

To implement pardon to release prisoners before the expiration of their sentences on the occasion of the 79th National Day of the Socialist Republic of Vietnam (September 2, 2024) and the 70th Anniversary of the Liberation of the Capital (October 10, 2024).

Time served counting towards pardon consideration is calculated until September 30, 2024. pardon subjects include:

Individuals serving fixed-term imprisonment, individuals serving life sentences that have been commuted to fixed-term imprisonment, and individuals temporarily suspended from serving their sentences.

Decision 758/2024/QD-CTN comes into force in Vietnam from July 30, 2024.

What are the conditions for being considered for pardon on the National Day - September 2, 2024 in Vietnam?

Pursuant to Article 3 Decision 758/2024/QD-CTN stipulates the conditions for being considered for pardon on the National Day - September 2, 2024 in Vietnam:

(1) Individuals serving fixed-term imprisonment, individuals serving life sentences that have been commuted to fixed-term imprisonment proposed for pardon must meet the following conditions:

(i) Show significant progress, have good reform awareness, and are classified as good or excellent in serving their sentences according to the legal provisions on criminal judgment execution;

(ii) Have served at least half of their term for fixed-term imprisonment cases; if previously reduced, the reduced term is not counted towards the served time; have served at least 15 years for life imprisonment cases commuted to fixed-term imprisonment; if subsequently further reduced, the reduced term is not counted towards the served time;

Individuals convicted of crimes affecting the implementation of socio-economic policies; crimes against the policies of national solidarity; organizing, coercing, or inciting others to flee abroad or stay abroad against the government; fleeing abroad or staying abroad against the government; individuals sentenced to 10 years or more for crimes stipulated in the chapter on crimes infringing upon human life, health, honor, and dignity by the Criminal Code 2015 for intentional acts; individuals sentenced to 7 years or more for robbery; kidnapping for ransom; illegal production of narcotics; illegal trading in narcotics; narcotics appropriation by the Criminal Code 2015 must have served at least two-thirds of their sentence for fixed-term imprisonment cases; if previously reduced, the reduced term is not counted towards the served time; have served at least 18 years for life imprisonment cases commuted to fixed-term imprisonment; if subsequently further reduced, the reduced term is not counted towards the served time;

(iii) Have completed supplementary penalties such as fines and court fees;

(iv) Have fulfilled the obligation to return assets, compensate for damages, and other civil obligations for those convicted for corruption-related crimes;

(v) Have completed or made partial payments towards returning assets, compensating damages, or other civil obligations but due to special economic difficulties which make them unable to continue fulfilling the remaining obligations according to the legal provisions on civil judgment execution for non-corruption related crimes;

In cases where the obligation to return assets, compensate for damages, or other civil obligations involves non-state-owned assets, the judgment creditor must agree to defer the execution or not request execution for those assets;

(vi) When amnestied, do not adversely affect security and order;

(vii) Are not subject to any of the cases specified in Article 4 Decision 758/2024/QD-CTN.

(2) Individuals temporarily suspended from serving their sentences proposed for pardon must meet the following conditions:

(i) Show significant progress, have good reform awareness, and were classified as good or excellent in serving their sentences before the temporary suspension decision according to the legal provisions on criminal judgment execution;

(ii) Have served the term as defined in (ii1);

(iii) Meet conditions specified in (iii), (iv), (v), (vi), and (vii) in (1);

(iv) Comply with legal regulations during the temporary suspension period.

(3) Individuals serving fixed-term sentences for at least one-third of the term and individuals serving life sentences commuted to fixed-term sentences serving at least 13 years or convicted under the crimes specified in (ii1) must meet conditions prescribed in (i), (iii), (iv), (v), (vi), and (vii) in (1) and points (i), (iii) (iv) in (2) to be proposed for pardon if they fall into one of the following cases:

(i) Have made great achievements during the sentence period, certified by the detention camp, temporary detention camp, district-level police criminal judgment execution agency, or other competent authorities;

(ii) Have rendered great contributions to the revolution under legal provisions on preferential treatment for revolution contributors; awarded Dũng sĩ in the resistance war against America; awarded titles like Labor Hero, People’s Teacher, People’s Doctor, People’s Artist, People’s Artisan; awarded one of the Resistance Medals, Badges; parents, spouses, children of martyrs and individuals taking care of martyrs while they were minors; children of Heroic Vietnamese Mothers; parents, spouses, children of individuals who contributed to the revolution awarded Commemoration Medal “Country Remembers Their Deeds” or Certificate “Contributed to the Nation”;

(iii) Suffering from terminal illness or severe illnesses hindering self-care;

(iv) Under 18 years old when committing the crime, excluding cases stipulated in (4);

(v) Aged 70 or above;

(vi) Facing special family difficulties and the sole breadwinner for the family;

(vii) Pregnant women or women having children under 36 months living with them in detention;

(viii) Severely disabled or particularly severely disabled under legal provisions on persons with disabilities; limited ability to recognize or control behavior under civil law provisions.

(4) Juveniles serving sentences meeting conditions in (i1) and point (vii) in (1) or juveniles under temporary suspension meeting conditions in point (vii1), (i) (iv) in (2) can be proposed for pardon after serving at least one-third of the term or at least two-fifths for crimes specified in (ii1).