Guidance on regulations on commutation of sentence in Vietnam as of July 15, 2024

Guidance on regulations on commutation of sentence in Vietnam as of July 15, 2024 (Internet image)

On June 10, 2024, the Judicial Council of the Supreme People's Court of Vietnam issued Resolution 03/2024/NQ-HDTP guiding the application of provisions of the Criminal Code 2015 regarding statute of limitations for execution of sentences, exemption from sentence execution, reduction of the pronounced penalty, reduction of sentence term in special cases, postponement of imprisonment sentence execution, and suspension of imprisonment sentence execution.

Guidance on regulations on commutation of sentence in Vietnam as of July 15, 2024

Article 5 of Resolution 03/2024/NQ-HDTP guiding regulations on sentence reduction specified in Article 63 of the Criminal Code 2015 states:

- Persons sentenced to non-custodial reform, fixed-term imprisonment, or life imprisonment may have their sentence term reduced for the first time if they meet the following conditions:

+ They have served one-third of the term for non-custodial reform or fixed-term imprisonment; 12 years for life imprisonment; 15 years for those convicted of multiple crimes including life imprisonment.

+ Those sentenced to non-custodial reform must strictly obey the law, repent sincerely, and actively work and study.

For those sentenced to fixed-term imprisonment or life imprisonment, significant progress must be shown in complying with prison regulations, actively studying, working, and reforming, and they must regularly be classified as having good or above compliance. Specifically:

Persons sentenced to life imprisonment must have at least 16 consecutive quarters classified as good or above at the time of consideration for reduction. Those whose death sentence was commuted to life imprisonment must have at least 20 consecutive quarters classified as good or above at the time of consideration for reduction.

Persons sentenced to imprisonment from over 20 years to 30 years must have at least 14 consecutive quarters classified as good or above at the time of consideration for reduction.

Persons sentenced to imprisonment from over 15 years to 20 years must have at least 12 consecutive quarters classified as good or above at the time of consideration for reduction.

Persons sentenced to imprisonment from over 10 years to 15 years must have at least 8 consecutive quarters classified as good or above at the time of consideration for reduction.

Persons sentenced to imprisonment from over 5 years to 10 years must have at least 4 consecutive quarters classified as good or above at the time of consideration for reduction.

Persons sentenced to imprisonment from over 3 years to 5 years must have at least 2 consecutive quarters classified as good or above at the time of consideration for reduction.

Persons sentenced to imprisonment for up to 3 years must have at least 1 quarter classified as good or above at the time of consideration for reduction. If they have not yet been classified for the consecutive quarter because the time for classification has not yet arrived but have 3 consecutive months classified as good, they may still be considered for reduction.

+ They have compensated at least half of the civil obligations as per the court's judgment or decision.

Persons who have compensated less than half of the civil obligations as per the court's judgment or decision but have a document exempting part of the civil obligation or have another agreement with the enforcer, confirmed by the competent authority, indicating they have compensated half of the civil obligations, will also be considered as having compensated part of the civil obligation.

Persons with particularly difficult family circumstances as guided in Clause 8, Article 2 of Resolution 03/2024/NQ-HDTP confirmed by the People's Committee of the commune or the competent civil judgment enforcement authority, the level of civil obligation compensation may be less than half of the civil obligations as per the court's judgment or decision, but the court must specify it in the decision.

Those convicted of corruption or position-related crimes must compensate at least half of the civil obligations.

+ There is a written recommendation from the competent criminal judgment enforcement authority for the reduction of the sentence term.

- The reduction of the sentence term will be carried out as follows, but still must ensure the actual serving time specified in Clauses 2, 3, 4, 5, and 6 of Article 63 of the Criminal Code 2015:

+ Persons sentenced to non-custodial reform may have their sentence reduced by 03 to 09 months per reduction.

+ Persons sentenced to imprisonment of up to 30 years or life imprisonment reduced to 30 years may have their sentence reduced by 01 month to 03 years per reduction. If the reduction is up to 03 years, they must have particularly outstanding achievements.

- Persons sentenced to life imprisonment, those convicted of multiple crimes including life imprisonment, may be considered by the court to reduce the life imprisonment sentence to a fixed term. For the first time reduced from life imprisonment, they are reduced to 30 years. The 30-year term is calculated from the date of enforcing the life imprisonment and whether reduced many times, the actual serving time must be ensured at 20 years for life imprisonment or 25 years for multiple crimes including life imprisonment.

- Persons sentenced to imprisonment serving the sentence may have their sentence term reduced in special cases or if they are under 18 when committing the crime. If they do not meet the required serving time in the detention facility but fall under one of the following cases, they will also be considered as having enough classification periods guided in point b clause 1 Article 5 of Resolution 03/2024/NQ-HDTP:

+ Persons sentenced to imprisonment from over 15 years upwards may lack the first 4 quarters of classification as good or above for the period immediately before the reduction;

+ Persons sentenced to imprisonment from over 5 to 15 years may lack the first 2 quarters of classification as good or above;

+ Persons sentenced to imprisonment from over 3 to 5 years may lack the first quarter of classification as good or above;

+ Persons sentenced to imprisonment for up to 3 years have not yet been classified for compliance with the imprisonment sentence.

For the above cases, the time in temporary detention or time in the prison camp must be assessed as strictly adhering to prison regulations.

- Persons sentenced to imprisonment from over 5 years who are not continuously classified as good or above, if meeting other conditions guided in the Resolution 03/2024/NQ-HDTP and falling into one of the following cases, may still be considered for reduction:

+ Having a total number of quarters classified as good or above greater by 02 quarters than those specified for persons sentenced to imprisonment of over 10 years as per point b clause 1 Article 5 of Resolution 03/2024/NQ-HDTP and having at least the 4 consecutive quarters classified as good or above at the time of consideration for reduction;

+ Having a total number of quarters classified as good or above greater by 01 quarter than those specified for persons sentenced to imprisonment from over 5 years to 10 years as per point b clause 1 Article 5 of Resolution 03/2024/NQ-HDTP and having at least the 2 consecutive quarters classified as good or above at the time of consideration for reduction.

- Persons sentenced have criminal records must have more classification periods from good upwards compared to those without criminal records, for each criminal record is 02 quarters classified as good or above. In case persons sentenced to imprisonment of up to 3 years, for each criminal record is 01 quarter classified as good or above.

- Persons sentenced already reduced in sentence term must be continuously classified from good onwards to continue being considered for reduction on schedule. If they do not meet the criteria for reduction on schedule, they may be considered for reduction when having 04 quarters classified as good or above (with at least 02 consecutive quarters at the time of consideration for reduction).

- Persons sentenced already reduced in sentence term who violate prison regulations and are disciplined, after being recognized by the Chief Warden of the prison or detention center, the Head of the district-level criminal judgment enforcement agency, as having made progress in reform and having 04 consecutive quarters (for those disciplined by reprimand twice or warning) or 05 consecutive quarters (for those detained in the discipline room) classified as good or above, may be considered for reduction.

- Persons sentenced already reduced in sentence term who commit new but slight intentional crimes must serve at least half of the combined sentence and meet the conditions guided in points b, c, and d clause 1 and clause 6 of Article 5 of Resolution 03/2024/NQ-HDTP to be considered for sentence reduction.

- Persons sentenced already reduced in sentence term who commit new severe, very severe, or especially severe crimes must serve at least two-thirds of the combined sentence or 25 years if serving life imprisonment and meet the conditions guided in points b, c, and d of clause 1 and clause 6 of Article 5 of Resolution 03/2024/NQ-HDTP to be considered for sentence reduction.

- Persons currently in temporary suspension of imprisonment sentence or under mandatory treatment measures retain the result of imprisonment sentence compliance, and it’s counted consecutively to the time after returning to the prison, detention center, or the district-level criminal judgment enforcement agency to continue serving the sentence. When returning to the place to continue serving the sentence if meeting the conditions specified in the clauses of Article 5 of Resolution 03/2024/NQ-HDTP and complying with the law in the period of temporary suspension or mandatory treatment, confirmed by the local authorities where they reside or the treating medical facility, they may be considered for reduction of imprisonment sentence term.

See more at Resolution 03/2024/NQ-HDTP approved by the Judicial Council of the Supreme People's Court on April 24, 2024, and effective from July 15, 2024.

To Quoc Trinh

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