When will convicts be considered to have recorded exploits while serving their prison sentences in order to be considered for pardon in Vietnam?
- When will convicts be considered to have recorded exploits while serving their prison sentences in order to be considered for pardon in Vietnam?
- What are the procedures for filing, listing the individuals eligible for pardon in Vietnam?
- What are the procedures for assessing the pardon petition dossier in Vietnam?
When will convicts be considered to have recorded exploits while serving their prison sentences in order to be considered for pardon in Vietnam?
Pursuant to Clause 4, Article 4 of Decree 52/2019/ND-CP stipulates as follows:
Requirements of the pardon petitioners
1. The convicts who have made considerable improvements, had a growing awareness of rehabilitation and ranked as good or excellent in their imprisonment sentences in compliance with law on criminal judgement enforcement specified in Point a Clause 1 Article 11 of the Law on Pardon are those who have stringently complied with regulations of the prisons, the detention center, the detention house, actively learnt, worked, rehabilitated and ranked good or excellent for the quarters during the time spent in prison.
2. The convicts who are considered to have fulfilled the obligations to return the property or the restitution for the damage caused or other civil obligations specified in Point đ Clause 1 Article 11 of the Law on Pardon are those who have satisfied one of the following:
a) The fulfillment of the obligations to return the property, the restitution for the damage caused or other civil obligations as prescribed by the sentence and/or by the judicial decisions;
b) The decision to suspend the sentence by the competent Chairman of the civil judgement enforcement authority;
c) A request submitted by the judgement creditors or the legitimate representatives of the judgement creditors on not having to fulfill the obligations to return the property, the restitution for the damage caused or other civil obligations as prescribed by the sentence and/or judicial decisions. This applies to the property that does not belong to the State.
3. The convicts who are considered to have fulfilled a part of the obligations to return the property, restitution for the damage caused or other civil obligations and the remaining part of the obligations remain unfulfilled because of their financial hardship are those whose selves and families lack the assets for judgement execution or possess assets that are only adequate for the payment for the expenses for coercive judgement enforcement or possess assets that by law cannot be distrained or processed for judgement execution and lack the income or incomes that only guarantee living wage for the judgement debtors and/or those who they are obliged to take care of.
4. The convicts who are considered to have recorded exploits during their time serving the imprisonment sentences as specified in Point a Clause 3 Article 11 of the Law on Pardon are those who have satisfied one of the following:
a) Assisting the prisons, the detention centers, the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security, the competent authorities in the crimial procedure, the discovery, the investigation, the taking of actions against the criminals;
b) Saving other people’s lives or recovering considerable assets (50 million Dongs or higher in value) of the State, the body, the citizens during catastrophes, fires;
c) Coming up with brilliant inventions, innovations or significant accomplishments approved by the prisons, the detention centers, the criminal judgement enforcement authorities affiliated to the District divions of the Public Security.
Those sentenced to imprisonment that have recorded exploits during their time of waiting to be transported to the prisons, the detention centers, the criminal judgement enforcement authorities affiliated to the District divions of the Public Security for judgement execution will also be considered to have recorded exploits during their time serving the imprisonment sentences.
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Thus, according to the above provisions, the convicts who are considered to have recorded exploits during their time serving the imprisonment sentences are those who have satisfied one of the following:
- Assisting the prisons, the detention centers, the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security, the competent authorities in the crimial procedure, the discovery, the investigation, the taking of actions against the criminals;
- Saving other people’s lives or recovering considerable assets (50 million Dongs or higher in value) of the State, the body, the citizens during catastrophes, fires;
- Coming up with brilliant inventions, innovations or significant accomplishments approved by the prisons, the detention centers, the criminal judgement enforcement authorities affiliated to the District divions of the Public Security.
Those sentenced to imprisonment that have recorded exploits during their time of waiting to be transported to the prisons, the detention centers, the criminal judgement enforcement authorities affiliated to the District divions of the Public Security for judgement execution will also be considered to have recorded exploits during their time serving the imprisonment sentences.
When will convicts be considered to have recorded exploits while serving their prison sentences in order to be considered for pardon in Vietnam? (Image from the Internet)
What are the procedures for filing, listing the individuals eligible for pardon in Vietnam?
Pursuant to Article 7 of Decree 52/2019/ND-CP stipulating the procedures of filing, listing the individuals eligible for pardon
Step 1. Within 05 days from the day in which the Decision to pardon is made and publicized, the Supervisors of the prisons, the detention houses, the Chairmen of the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security must facilitate the convicts’ writing of the Pardon petition and the Commitment.
Step 2. After receiving the Pardon Petition, the Supervisors of the prisons, the detention centers, the Chairmen of the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security to allow groups of inmates (if any) to hold meetings to elect, cast ballots, introduce the convicts who request the pardon petition. The wardens overseeing the groups of inmates are responsible for reporting the meetings’ results and proposing ideas on pardoning the convicts under their supervision.
Step 3. Based on the regulations and law on pardon, the Decision on pardon and the results of inmates’ meetings, the Supervisors of the prisons, detention centers, the Chairmen of the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security shall file and list the individuals eligible for pardon.
What are the procedures for assessing the pardon petition dossier in Vietnam?
Pursuant to Article 8 of Decree 52/2019/ND-CP stipulates as follows:
- The Interdisciplinary Assessment Group shall directly contact the Supervisors of the prisons, the detention centers under the supervision of Ministry of Public Security, the Chairmen of the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security, the Chairmen of the criminal judgement enforcement authorities affiliated to the Ministry of National Defense, the Chief Justice of the provincial People’s Court, Chief Justice of the People’s Court of the military region to receive the reports on the results of the pardon petition and the assessment of dossier, lists of individuals eligible for pardon.
- When assessing the dossier, the lists of individuals eligible for pardon, the members of the interdisciplinary assessment group must compare the information in the pardon petition with that in the original dossier of the convicts sentenced to termed imprisonment, life imprisonment reduced to termed imprisonment and the dossier of the convicts suspended from imprisonment to ensure accuracy and precision.
- After assessing the dossier, the members of the Interdisciplinary Assessment Group must specify in the Interdisciplinary Assessment Group’s comment section in the pardon petition. If the convicts are ineligible for pardon, the reasons must be specified.
Note: If the situation gets complicated or requires serious consideration, the members of the Interdisciplinary Assessment Group must report and present to the Interdisciplinary Assessment Group so as to unify the decisions.
If the group fail to reach a consensus on the decision, the members must vote and specify the number of votes for and against the decision to pardon in the Interdisciplinary Assessment Group’s comment section in the pardon petition.
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