Key Points of the 2018 Amnesty Law

On November 19, 2018, the Amnesty Law 2018 was passed by the National Assembly of the XIV Legislature during its 6th session. It is clearly stated here: Amnesty is a special clemency granted by the State, which the President decides to release prisoners ahead of their sentence time in relation to significant events, major national holidays, or under special circumstances.

Here are some new provisions of the Amnesty Law 2018 that the Editorial Board informs you about, specifically:

1. 16 crimes not eligible for amnesty: (Article 12 Amnesty Law 2018)

Similar to previous regulations, if a judgment, a part of the judgment or Court decision against a person is under protest according to a director review or re-trial procedures in a way to increase criminal responsibility; Persons being prosecuted for other crimes; Persons who have previously been granted amnesty; Persons with 02 or more criminal convictions or other cases as decided by the President cannot be proposed for amnesty.

Continuing from old regulations, the new provisions supplement 16 crimes not eligible for amnesty:

1.1. Crime of treason;

1.2. Crime of activities aimed at overthrowing the people's government;

1.3. Crime of espionage;

1.4. Crime infringing upon territorial security;

1.5. Crime of rebellion;

1.6. Crime of terrorism aimed at opposing the people's government;

1.7. Crime of sabotaging the material-technical foundations of the Socialist Republic of Vietnam;

1.8. Crime of making, storing, distributing, or propagating information, documents, or items against the State of the Socialist Republic of Vietnam;

1.9. Crime of disrupting security;

1.10. Crime of opposing detention facilities;

1.11. Crime of terrorism;

1.12. Crime of sabotaging peace, causing war of invasion;

1.13. Crime against humanity;

1.14. War crimes;

1.15. Crime of recruiting, training, or using mercenaries;

1.16. Crime of being a mercenary;

2. Exemption and reduction of compensation for damages in cases of hardship to be granted amnesty (Article 11 Amnesty Law 2018)

According to the old regulations (Amnesty Law 2007), one of the conditions for amnesty was: to have completed the additional penalty of fines, to have paid court fees to be eligible for amnesty; to have completed the obligation to return property, compensate for damage, other civil obligations for those convicted of corruption crimes or other crimes as decided by the President in each amnesty round;

However, under the Amnesty Law 2018, exemption and reduction of compensation for damages in cases of hardship are granted to be eligible for amnesty, specifically:

Having completed or partially fulfilled the obligation to return property, compensate for damage, and other civil obligations, but being in particular economic hardship, which falls under circumstances without conditions to continue fulfilling the remainder according to the law on civil judgment enforcement for convicted individuals who are not subject to the provisions at Point d Clause 1 Article 11 Amnesty Law 2018.

In cases where the obligation to return property, compensate for damage, and other civil obligations involves assets not owned by the State, the person subject to judgment enforcement must agree to postpone enforcement or not request enforcement against these assets;

3. Individuals serving prison sentences can apply for amnesty (Article 15 Amnesty Law 2018)

According to the Amnesty Law 2007, only the warden of prisons, temporary detention centers could propose amnesty. According to the new provisions, individuals serving prison sentences can apply for amnesty, specifically: Within 05 days from the date the Decision on amnesty is posted, individuals serving a fixed-term prison sentence or life imprisonment that has been reduced to a fixed-term prison sentence based on the provisions at Article 11 and Article 12 of this Law submit a request for amnesty.

4. Submit to the President the Decision on amnesty no later than 60 days before the amnesty date

Specifically: as stipulated in Article 8 Amnesty Law 2018: At the request of the President or in cases where the Government of Vietnam's proposal for amnesty is accepted by the President, the Government of Vietnam leads, in cooperation with the Supreme People's Court, the Supreme People's Procuracy, and related agencies to research, develop a report from the Government of Vietnam and a draft Decision on amnesty. The report and draft Decision on amnesty must be submitted to the President no later than 60 days before the amnesty date for the President to consider and issue a Decision on amnesty.

5. Additional agencies, organizations must take responsibility in implementing amnesty

Within the Amnesty Law 2018, additional responsibilities are assigned to the Office of the President, the Ministry of Justice, and the Ministry of Foreign Affairs. Specifically:

Article 26. Responsibilities of the Office of the President

1. Review and verify the list, documents of persons recommended by the Amnesty Advisory Council or the Government of Vietnam, to submit to the President for decision.

2. Lead, in cooperation with related agencies, the organization to announce the Decision on amnesty, the Amnesty Decision.

3. Perform other tasks related to amnesty as assigned by the President.

Article 31. Responsibilities of the Ministry of Justice

1. Direct civil judgment execution agencies to cooperate with prisons, detention centers, criminal judgment enforcement agencies of police at provincial and district levels, regional military criminal judgment enforcement agencies, provincial people's courts, district people's courts, regional military courts, provincial people's procuracies, district people's procuracies, regional military procuracies in:

a) Providing information and documents related to the civil part of the criminal judgment, decision of persons eligible for amnesty proposals;

b) Receiving and transferring documents, money, property that persons subject to fines, confiscation, compensation, and other civil obligations have paid.

2. Coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Central Committee of the Vietnam Fatherland Front, the Ministry of Public Security, the Ministry of National Defense, and other agencies, organizations in conducting other activities related to amnesty work according to the provisions of this Law.

Article 32. Responsibilities of the Ministry of Foreign Affairs

1. Propose the Government of Vietnam to submit to the President the consideration and decision of amnesty for foreign subjects as stipulated in Article 22 of this Law, under the provisions of Article 23 of this Law.

2. Coordinate with the Ministry of Public Security, Ministry of National Defense, and related Ministries, sectors in conducting external propaganda about amnesty work; coordinate in implementing the Amnesty Decision for amnestied individuals who are foreigners and carrying out other activities related to amnesty work according to this Law.

The above is the advisory content.

Respectfully!