Application for pardon for individuals currently under suspended imprisonment sentence in Vietnam in 2024

Application for pardon for individuals currently under suspended imprisonment sentence in Vietnam in 2024 (Image from the Internet)

On August 12, 2024, the Supreme People's Court issued Guidance 246/TANDTC-V1 on the implementation of Decision 758/2024/QD-CTN regarding pardon in 2024 for individuals temporarily suspended from serving prison sentences and in special cases for those temporarily suspended from serving prison sentences who do not qualify for pardon or those who have their sentences postponed.

Application for pardon for individuals currently under suspended imprisonment sentence in Vietnam in 2024

Specifically, the dossier for pardon application for individuals temporarily suspended from serving prison sentences is prepared in accordance with Item 1, Section IV of Guidance 88/HD-HDTVDX of 2024 by the pardon Advisory Council, including documents arranged in the following order:

- pardon Application Form for the Convicted Person (Form No. 01)

This form is prepared by the competent court proposing the pardon according to the information in the judgment, documents, and dossier of the convicted person. If the domicile has changed (compared to the judgment), it should be recorded according to the new administrative division.

- pardon Petition of the Convicted Person (Form No. 02)

The individual temporarily suspended from serving a prison sentence requesting pardon must directly sign or fingerprint the petition. The biography and other information must be written according to the issued judgment (if the domicile has changed, it should be recorded according to the new administrative division).

The pardon petition must include comments from the commune-level People's Committee where the individual resides or the military unit managing the convicted person regarding their compliance with the policies, laws of the Communist Party, and the State at the local level, and the regulations of the military unit during the period of temporary suspension.

- Commitment Letter of the Individual Petitioning for pardon (Form No. 03)

The individual temporarily suspended from serving a prison sentence requesting pardon must commit to strictly complying with the laws of the State, regulations of the local government or the military unit managing the individual, continuing to fulfill additional penalties, and other civil obligations of the judgment (if any) after being granted pardon, with verification from the commune-level People's Committee or the military unit managing the convicted person.

- Copy of the Sentencing Decision of the convicted person.

- Copy of the judgment being served before the temporary suspension.

- Copy of the Decisions (or Decision) temporarily suspending the sentences for the convicted person still valid until September 30, 2024.

- Documents proving the completion of supplementary penalties such as fines, court fees, asset restitution obligations, other civil obligations, or partial fulfillment of these obligations but temporarily unable to continue due to exceptionally difficult economic circumstances as prescribed in Paragraph g, Item 3, Item 4, Article 5 of Decree 52/2019/ND-CP and Item 3, Section II of Guidance 88/HD-HDTVDX of 2024.

- Documents proving the individual petitioning for pardon has a criminal record but has been expunged must include one of the following: Certificate or decision of criminal record expungement issued by the competent court, judgment stating criminal record expungement, Criminal Record Certificate confirming no criminal record issued by the National Judicial Record Center or the Department of Justice.

- For individuals awarded significant merits during their sentence, there should be complete documents as prescribed in Item 4, Article 4; Paragraph a, Item 3, Article 5 of Decree 52/2019/ND-CP.

- Documents proving the individual temporarily suspended from serving prison sentences belongs to categories specified in Item 3 or Item 4, Article 3 of Decision 758/2024/QD-CTN should comply with the provisions of Item 4, Item 5, Item 6, Item 7, Article 4; Item 3, Article 5 of Decree 52/2019/ND-CP; Item 4, Section II and Item 1, Section IV of Guidance 88/HD-HDTVDX of 2024.

More details can be found in Guidance 246/TANDTC-V1 dated August 12, 2024.

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