Cases ineligible for pardon in Vietnam in 2025

Cases ineligible for pardon in Vietnam in 2025 (Image from the Internet)

The President of Vietnam issued Decision 266/2025/QD-CTN dated March 3, 2025, regarding pardon in 2025.

Cases ineligible for pardon in Vietnam in 2025

According to Article 4 of Decision 266/2025/QD-CTN, a person eligible as stipulated in Article 3 of Decision 266/2025/QD-CTN is not proposed for pardon if they fall under any of the following cases:

- Convicted and sentenced to imprisonment for betrayal of the Fatherland; activities aimed at overthrowing the people's government; espionage; infringing national territorial security; rebellion; terrorism to oppose the people's government; destruction of facilities and technical equipment of the Socialist Republic of Vietnam; producing, storing, distributing, or propagating information, documents, articles, aiming to oppose the State of the Socialist Republic of Vietnam; disrupting security; opposing detention facilities; terrorism or other crimes as stipulated in the Chapter on crimes against peace, crimes against humanity, and war crimes of the Criminal Code.

- The sentence, part of the sentence, or the court's decision concerning the person is under protest according to the procedure for cassation, reopening of proceedings with a direction to increase criminal liability.

- Currently being prosecuted for other criminal acts.

- Previously granted pardon.

- Has two or more criminal records.

- Remaining sentence term is over eight years for individuals specified in Clauses 1 and 2 of Article 3; over ten years for individuals specified in Clauses 3 and 4 of Article 3 of Decision 266/2025/QD-CTN.

- Convicted and sentenced to imprisonment for extremely serious or particularly severe crimes infringing national security, except as stipulated in Clause 1, Article 4 of Decision 266/2025/QD-CTN.

- Committed the crime of murdering two or more people or organized murder or in a hooligan manner or performing cruel crimes; intentionally causing harm multiple times to one person or once to many people (according to Criminal Code 1999) or intentionally causing harm two or more times or to two or more people or intentionally causing harm in an organized or hooligan manner or using dangerous acid or dangerous chemicals; rape in an incestuous manner; rape of children (according to Criminal Code 1999) or rape of those under 16; trafficking in women in cases of trafficking many people (according to Criminal Code 1985) or trafficking in humans against multiple people (according to Criminal Code 1999) or trafficking in humans against two or more people; trafficking, switching, or appropriating children (according to Criminal Code 1999) or trafficking in those under 16 or switching those under 1 year old or appropriating those under 16; robbery using weapons; robbery, snatching property, theft causing severe, very severe, or particularly severe consequences (according to Criminal Code 1999) or robbery, snatching property, theft in an organized manner or causing a negative impact on social security, order, and safety; resisting law enforcement causing severe consequences (according to Criminal Code 1999) or in an organized manner or committing the crime two or more times or inciting, luring, and provoking others to commit crimes; repeat robbery, snatching numerous times, theft numerous times (from two times upwards).

- Committed robbery or kidnapping to appropriate property with a remaining sentence term exceeding one year for those sentenced to less than seven years of imprisonment, or the remaining sentence term exceeding two years for those sentenced to imprisonment from seven years to 15 years, or the remaining sentence term exceeding three years for those sentenced to over 15 years, life imprisonment.

- Committed drug-related crimes with a remaining sentence term exceeding six months for those sentenced to imprisonment from three years or less, or a remaining sentence term exceeding one year for those sentenced to imprisonment over three years to less than seven years, or a remaining sentence term exceeding two years for those sentenced to imprisonment from seven years to 15 years, or a remaining sentence term exceeding three years for those sentenced to over 15 years, life imprisonment.

- Committed crimes as stipulated in the Chapter on crimes infringing upon human life, health, dignity, honor of the Criminal Code intentionally with a remaining prison term over two years for those sentenced to imprisonment from ten years to 15 years or the remaining prison term exceeding three years for those sentenced to over 15 years, life imprisonment.

- Principal conspirators, leaders, commanders in organized crime cases; those who use sophisticated tricks, obstinately resisting in organized crime cases; those committing crimes of a professional nature.

- There are grounds to confirm that they have previously misused narcotics.

- Sentenced to imprisonment due to committing three or more crimes or two or more intentional crimes, even in the case of accumulated penalties; or currently serving cumulative penalties due to being sentenced to imprisonment two or more times for the same intentional crime.

- Having one criminal record and sentenced to imprisonment for an intentional crime again.

- Previously sentenced to imprisonment, even if the criminal record was erased or having been sent to compulsory education facilities, including former educational facilities or youth reformatory schools, and was sentenced to imprisonment for one of the following crimes: drug-related; murder; intentional injury; robbery; snatching property; extortion of property; fraud to appropriate property; theft; kidnapping to appropriate property; using computer networks, telecommunication networks, electronic means to perform acts of appropriation; resisting law enforcement; trafficking in women (according to Criminal Code 1985) or human trafficking; disturbing public order; consuming property obtained by others' crimes; usurious loan (according to Criminal Code 1999) or usurious loan in civil transactions; organizing, brokering for others to leave, enter, or stay in Vietnam illegally.

Decision 266/2025/QD-CTN takes effect from March 3, 2025.

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