According to the Decision, stipulating 07 conditions for people serving a definite prison sentence or a person sentenced to life imprisonment who has been reduced to prison with a definite term to request amnesty as follows
- Having made great progress, having a good sense of reform and being classified as serving a good or good prison sentence under the law on criminal judgment execution,
- Having served an imprisonment sentence of at least half of the time in case of being sentenced to a definite term, if the time limit for serving the fine has been reduced before, the reduced period shall not be counted into the term of imprisonment time has served the prison sentence; has served a prison sentence of at least 15 years for the case of life imprisonment, which has been reduced to a definite cabinet, if after being reduced to a definite cabinet, the sentence continues to be reduced imprisonment, the later reduced period shall not be counted into the time of serving the prison sentence;
Persons convicted of undermining the implementation of socio-economic policies; crime of undermining the unity policy; crimes of organizing, coercing or instigating other people to flee abroad or stay abroad in order to oppose the people's administration; crimes of fleeing abroad or staying abroad in order to oppose the people's administration; a person sentenced to 10 years or more in prison for one of the crimes specified in the Chapter of crimes of Vietnam against human life, health, dignity and honor of the Criminal Code of Vietnam by will or the convict from 7 years or more in prison for property robbery; kidnapping for the purpose of appropriating property; crime of illegal production of narcotics; the crime of illegal trading in narcotics, the crime of appropriating narcotics of the Criminal Code of Vietnam has served a prison sentence of at least two-thirds of the time for the case of being sentenced to a definite term of imprisonment, if previously If the term of imprisonment is reduced, the reduced term shall not be counted into the time of serving the prison sentence; has served a prison term of at least 18 years, for the case of life imprisonment, which has been reduced to definite prison, if after being reduced to definite prison, the sentence continues to be reduced imprisonment, the later reduced period shall not be counted into the time of serving the prison sentence;
- Having completely served the additional penalty of fine, have already paid the non-judgment;
- Having fulfilled the obligation to return property, compensate for damage and other civil obligations towards persons sentenced to imprisonment for corruption crimes;
- Having completed or partially performed the obligation to return property, compensate for damage, or other civil obligations, but fall into extremely difficult economic circumstances if there are no conditions for execution or continue the remainder according to the provisions of the law on civil judgment enforcement against persons sentenced to prison for crimes other than corruption crimes;
In case the obligation to return property, pay compensation for damage, or other civil obligations to property not owned by the State of Vietnam must be performed, the judgment creditor must agree to postpone the judgment execution or not request the judgment execution for this property;
- The amnesty does not adversely affect security and order;
- Not falling into one of the cases that are not eligible for amnesty as prescribed in Article 4 of Decision 766/2022/QD-CTN.
Decision 766/2022/QD-CTN of Vietnam takes effect from the date of signing.
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