Guidelines for making lists of eligible pardon petitioners in Vietnam

According to Article 15 of the Law on Pardon 2018 of Vietnam, promptly after a decision on pardon is publicized and announced on means of mass media, prisons, detention centers, criminal enforcement agencies of district Public Security shall post it up and notify prisoners of such a decision. Within 5 days from the date on which the decision on pardon is posted up and notified, a termed prisoner or life prisoner already commuted to termed prisoner prescribed in Article 11 and Article 12 of this Law is entitled to make a petition for pardon.

- Within 10 days from the date on which the decision on pardon is posted up and notified, lists and dossiers of eligible pardon petitioners are elaborated as follows:

+ The superintendent of a prison affiliated to the Ministry of Public Security shall submit a list of eligible pardon petitioners together with their dossiers to the Inter-Branch Appraisal Group;

+ The superintendent of a detention center affiliated to the Ministry of Public Security shall submit a list of eligible pardon petitioners together with their dossiers to the head of its superior body, which are forwarded to the Inter-Branch Appraisal Group thereafter;

+ The superintendent of a detention center affiliated to Provincial Public Security, the Head of criminal enforcement agency of District Public Security shall submit a list of eligible pardon petitioners together with their dossiers to the Head of criminal enforcement agency of Provincial Public Security, which are forwarded to the Inter-Branch Appraisal Group thereafter;

+ With regard to a convict who has been serving the sentence in a prison, detention center, or criminal enforcement agency of District Public Security and temporarily released for investigation, prosecution, trial purposes but has not been prosecuted for other criminal offenses, if he/she is fully eligible for a pardon, the Superintendent of the prison or detention center or the Head of criminal enforcement agency of District Public Security in charge of his/her original case file shall prepare a petition for pardon for him/her. If the Superintendent of the detention center or the Head of criminal enforcement agency of District Public Security only receives the temporarily released person without managing his/her original case file, the Superintendent or the Head shall cooperate with the agency in charge of such original case file in preparing a petition for pardon;

+ The superintendent of a prison or detention center affiliated to the Ministry of National Defense or the Head of criminal enforcement agency of military zone shall submit a list of eligible pardon petitioners together with their dossiers to the Head of criminal enforcement agency of the Ministry of National Defense, which are forwarded to the Inter-Branch Appraisal Group thereafter.

View more details at the Law on Pardon 2018 of Vietnam, effective from July 01, 2019.

Ty Na

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