15 cases not eligible for pardon on National Day (September 2) in 2024 in Vietnam

15 cases not eligible for pardon on National Day (September 2) in 2024 in Vietnam​

Individuals who may meet the conditions for pardon as stipulated in Article 3 of Decision 758/2024/QD-CTN will not be eligible for pardon if they fall into any of the following cases:

(1) Convicted of criminal offenses against national security including acts of treason; activities aimed at overthrowing the people's government; espionage; infringement on territorial security; insurrection; terrorism aimed at opposing the people's government; destroying facilities and technical infrastructure of the Socialist Republic of Vietnam; producing, storing, disseminating or propagating information, documents, or materials aimed at opposing the State of the Socialist Republic of Vietnam; disturbing security; opposing detention facilities; terrorism or any crimes prescribed under the chapters concerning crimes against peace, anti-humanity, and war crimes of the Criminal Code.

(2) A judgment, part of a judgment, or court decision against the individual is under appeal or under review for aggravation of the criminal liability through cassation or reopening procedures.

(3) Being prosecuted for other criminal offenses.

(4) Previously granted pardon.

(5) Having two or more previous convictions.

(6) Serving a prison term of over six years remaining for individuals specified in clauses 1 and 2 of Article 3 of Decision 758/2024/QD-CTN; over eight years remaining for individuals specified in clauses 3 and 4 of Article 3 of Decision 758/2024/QD-CTN.

(7) Convicted of extremely serious or particularly serious crimes infringing on national security, except for cases specified in clause 1 of Article 4 of Decision 758/2024/QD-CTN.

(8) Committing crimes of multiple murders or organized murders, brutal criminal acts; intentional injury causing serious consequences; organized rape, incestuous rape, or child rape (according to the Criminal Code of 1999) or rape of individuals under 16; trafficking, swapping, or abducting children (according to the Criminal Code of 1999) or trafficking of persons under 16 or abduction of individuals under 16; armed robbery; high-impact theft or robbery (according to the Criminal Code of 1999) or organized theft or robbery that adversely affects security, order, and social safety; attacking law enforcement causing serious consequences (according to the Criminal Code of 1999) or organized attacks or multiple convictions of such nature.

(9) Drug-related crimes or kidnapping for ransom wherein the remaining prison term exceeds 01 year for sentences under 07 years, over 02 years for sentences from 07 to 15 years, or over 03 years for sentences over 15 years or life imprisonment.

(10) Committing crimes intentionally infringing on life, health, dignity, or honor of individuals as prescribed under relevant chapters of the Criminal Code if the remaining prison term exceeds 02 years for sentences from 10 to 15 years or more than 03 years for sentences over 15 years or life imprisonment.

(11) Mastermind, ringleader, commander in organized crime; individuals using cunning methods, persistently resisting in organized crime cases; professional offenders.

(12) Evidence confirming the use of illegal drugs.

(13) Convicted of three or more crimes or two or more intentional crimes, including combined sentences.

(14) Having one previous conviction and thereafter convicted of another intentional crime.

(15) Previously convicted, including cases with expungement or cases previously sent to compulsory education facilities, including prior facilities or correctional schools, where the individual was thereafter convicted of one of the following crimes: drug crimes; murder; robbery; aggravated theft; fraud to obtain property; kidnapping for ransom; assaulting law enforcement officers; trafficking women (under the Criminal Code of 1985) or trafficking of persons; disturbing public order; consuming assets acquired via crime; usury (under the Criminal Code of 1999) or usury in civil transactions; organizing, brokering unlawful immigration, or stay in Vietnam.

(As stipulated in Article 4 of Decision 758/2024/QD-CTN)

What are the prohibited acts in the implementation of pardon in Vietnam?

According to the provisions of Article 7 of the Pardon Law of 2018, the following acts are prohibited in implementing pardon:

- Abusing, exploiting, or misusing positions and powers to recommend pardon for ineligible persons; failing to recommend pardon for eligible persons; hindering convicted individuals' rights to propose pardon.

- Offering, accepting, or mediating bribes, or harassment in the pardon process.

- Issuing or certifying documents and materials related to persons recommended for pardon contrary to the law.

- Refusing to issue or certify documents or materials that, according to the law, must be provided or certified for persons recommended for pardon.

- Falsifying documents or materials related to persons proposed for pardon.

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