Guidance on the Implementation of Amnesty Decision for Foreign Nationals

To be specific, the implementation of a Pardon Decision for foreign nationals is guided by Decree 52/2019/ND-CP as follows:

- When there is a Pardon Decision for a foreign national, the criminal enforcement management agency under the Ministry of Public Security or the Ministry of National Defense shall promptly notify the diplomatic representative agency and consular agency of the country of which the pardoned person is a citizen and request coordination in implementing the Pardon Decision.- After announcing the Pardon Decision, prisons, detention centers, and district-level criminal enforcement management agencies shall release the foreign national and notify the Consular Department of the Ministry of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs to notify the diplomatic representative agency and consular agency of the country of which the pardoned person is a citizen.- Foreign nationals who are pardoned and are waiting for exit procedures shall be considered for temporary residence at lodging facilities by the Head of the criminal enforcement management agency under the Ministry of Public Security or the Ministry of National Defense.- Prisons, detention centers, and district-level criminal enforcement management agencies are responsible for handing over the pardoned foreign nationals to the lodging facilities.- The organization of management and policies for pardoned foreign nationals residing at lodging facilities shall comply with regulations on the organization of management and policies for residents awaiting exit procedures.- Once exit procedures are completed, the criminal enforcement management agency under the Ministry of Public Security or the Ministry of National Defense shall notify and request the diplomatic representative agency and consular agency of the country of which the pardoned person is a citizen to coordinate in implementation.

Details can be found at Decree 52/2019/ND-CP, effective from August 01, 2019.

- Thanh Lam -

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