Conditions for inmates to be granted pardon on the occasion of National Day in Vietnam in 2024

Conditions for inmates to be granted pardon on the occasion of National Day in Vietnam in 2024 (Internet image)

On July 30, 2024, the President issued Decision 758/2024/QD-CTN on granting pardon in 2024.

Conditions for inmates to be granted pardon on the occasion of National Day in Vietnam in 2024

Implementing pardon and early release for those sentenced to fixed-term imprisonment and life imprisonment on the occasion of the 79th National Day of the Socialist Republic of Vietnam (September 2, 2024) and the 70th anniversary of the Liberation of the Capital (October 10, 2024).

The time served that will be considered for pardon is until September 30, 2024.

The subjects for pardon include:

Persons serving fixed-term imprisonment, persons sentenced to life imprisonment who have had their sentences reduced to fixed-term imprisonment, and persons temporarily suspended from serving their imprisonment sentences.

The conditions for proposing pardon are as follows:

(1) Persons currently serving fixed-term imprisonment, and persons sentenced to life imprisonment who have had their sentences reduced to fixed-term imprisonment must meet the following conditions to be proposed for pardon:

- Display significant progress, good rehabilitation awareness, and are rated as having good or better compliance with imprisonment sentences according to legal regulations on the execution of criminal sentences;

- Have served at least half the sentence for fixed-term imprisonment. If the sentence term was previously reduced, the reduced time shall not be counted toward the served time. For life imprisonment sentences reduced to fixed-term imprisonment, at least 15 years must be served, and any further reductions after being reduced to fixed-term imprisonment shall not count toward the served time;

Persons convicted of crimes such as sabotaging the implementation of socio-economic policies; sabotaging the solidarity policy; organizing, forcing, or instigating others to flee abroad or stay abroad to oppose the people's government; fleeing abroad or staying abroad to oppose the people's government; sentenced to 10 years imprisonment or more for crimes under the chapters on infringing upon human life, health, honor, and dignity in the Criminal Code 2015 due to intentional acts, or sentenced to seven years or more for robbery; kidnapping to appropriate property; illegal drug production; drug trafficking; misappropriation of drugs as stated in the Criminal Code 2015 must have served at least two-thirds of their sentences for fixed-term imprisonment or 18 years for life imprisonment reduced to fixed-term imprisonment, with further reductions not counted towards served time;

- Completed additional penalties such as fines and court fees;

- Fulfilled obligations to return property, compensate for damage, and other civil obligations for those convicted of corruption crimes;

- Have completed or partially completed obligations to return property, compensate for damage, and other civil obligations but are in particularly difficult economic circumstances without the means to continue executing the remaining obligations according to the law on the execution of civil judgments for those convicted of non-corruption crimes;

In cases where obligations to return non-state-owned property, compensate for damage, and other civil obligations must be met, the person in debt must agree to defer execution or not request execution for this property;

- Receiving pardon will not adversely affect security and order;- Does not fall under cases specified in Article 4 of this Decision.

(2) Persons temporarily suspended from serving imprisonment sentences must meet the following conditions to be proposed for pardon:

- Show significant progress, good rehabilitation awareness, and are rated as having good or better compliance with imprisonment sentences according to the legal regulations on the execution of criminal sentences during the time served before being temporarily suspended;

- Have served the sentence duration specified in point b, clause 1, Article 3 of Decision 758/2024/QD-CTN;

- Meet the conditions specified in points c, d, dd, e, and g, clause 1, Article 3 of Decision 758/2024/QD-CTN;

- Comply with the law during the temporary suspension period.

(3) Persons sentenced to fixed-term imprisonment who have served at least one-third of the sentence and persons sentenced to life imprisonment who have served at least 13 years following a reduction to fixed-term imprisonment or persons convicted of crimes specified in point b, clause 1, Article 3 of Decision 758/2024/QD-CTN after serving at least two-fifths of the sentence for fixed-term imprisonment or 16 years for life imprisonment, if meeting the conditions specified in points a, c, d, dd, e, and g, clause 1, points a, c, and d, clause 2, Article 3 of Decision 758/2024/QD-CTN, can be proposed for pardon in the following cases:

- Have made outstanding achievements during the time served, certified by the prison, detention center, criminal execution agency of district-level police, or other competent authorities;

- Persons who have made contributions to the revolution according to policies on preferential treatment, or awarded the title of Hero of Labour, People's Teacher, People's Doctor, People's Artist, Master Artist, or Master Artisan or awarded one of the orders, resistance medals; parents, spouses, children of martyrs and those who cared for martyrs during childhood; children of Heroic Mothers of Vietnam; parents, spouses, children of persons who contributed to the revolution who were awarded the "To Quoc Ghi Cong" medal or the "Co Cong Voi Nuoc" certificate;

- Persons with terminal illnesses, who are frequently ill and unable to serve themselves;

- Juveniles at the time of the crime, except as specified in clause 4, Article 3 of Decision 758/2024/QD-CTN;- Aged 70 or older;

- Experiencing specially difficult family circumstances and being the sole laborer in the family;

- Women who are pregnant or have children under 36 months old living with them in prison or detention centers;

- Persons with severe or extremely severe disabilities according to laws on persons with disabilities; those with cognitive and behavioral control difficulties according to civil laws.

(4) Persons under 18 years old serving imprisonment sentences who meet the conditions specified in points a and g, clause 1, Article 3 of Decision 758/2024/QD-CTN or persons under 18 years old temporarily suspended from serving imprisonment sentences who meet the conditions specified in point g, clause 1, and points a and d, clause 2, Article 3 of Decision 758/2024/QD-CTN can be proposed for pardon when they have served at least one-third of their sentence or at least two-fifths of their sentence for one of the crimes specified in point b, clause 1, Article 3 of Decision 758/2024/QD-CTN.

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