Differences between Amnesty and General Amnesty
Amnesty and General Amnesty have the following differences:
| Criteria | Amnesty | General Amnesty |
| Legal Basis | Amnesty Law 2018 | Article 70 of the Constitution 2013 |
| Concept | A special clemency by the State, decided by the President, releasing prisoners before their term for those sentenced to fixed-term imprisonment, life imprisonment on the occasion of major events, national holidays, or in special circumstances. | Currently, there is no concept of general amnesty; however, it can be understood as a special clemency by the State to fully pardon certain types of crimes for a large number of offenders during significant political events of the country. |
| Authority | President | National Assembly |
| Applicable Subjects | - Persons sentenced to fixed-term imprisonment or life imprisonment. - Agencies, organizations, citizens of the Socialist Republic of Vietnam; foreigners residing in Vietnam, foreign organizations, international organizations operating in the territory of the Socialist Republic of Vietnam related to amnesty activities. |
A large number of certain offenders; one of the measures of pardon or exemption stipulated by criminal law based on stages of criminal proceedings if the offender belongs to the subjects stated in the general amnesty document. |
| Conditions to Receive | 1. Significant progress, good reform behavior, and rated as good or excellent in serving their imprisonment sentence. 2. Fulfillment of obligations to return property, compensate for damages, other civil obligations. 3. Partial fulfillment of property obligations, compensation for damages, other civil obligations but due to special economic difficulties, unable to continue fulfilling the remaining part. 4. Major achievements during imprisonment. 5. Suffering from specified serious illnesses. 6. Frequently ill and unable to take care of oneself. 7. Having particularly difficult family circumstances and being the sole breadwinner in the family, with confirmation from the commune-level People's Committee. |
General amnesty is applied for humanitarian reasons to unspecified violations by offenders. |
| Time of Application | - On the occasion of major events, national holidays. - In special cases to meet the domestic and foreign policy requirements of the State. |
Decided by the National Assembly based on the country’s political, socio-economic, national defense, security, and foreign policy realities, on the occasion of especially significant historical events of the country. |
Respectfully!
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