Latest conditions for pardon in Vietnam in 2025

Latest conditions for pardon in Vietnam in 2025​ (Image from the internet)

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

Latest conditions for pardon in Vietnam in 2025​

The conditions for pardon in 2025 are stipulated as follows:

(1) Individuals serving determinate prison sentences and those sentenced to life imprisonment that has been reduced to determinate sentences eligible for pardon must meet the following conditions:

(i) Demonstrates substantial progress, good rehabilitation awareness, and is classified as having fairly good or good compliance with prison sentences according to the provisions of the law on criminal enforcement;

(ii) Has served at least one-third of the sentence time for determinate sentences, if the term has previously been reduced, the reduced time is not counted towards the time served; has served at least 14 years for life sentences reduced to determinate sentences, if the sentence has been further reduced thereafter, the additional reduced time is not counted towards the time served;

Individuals convicted of offenses such as sabotaging the implementation of socio-economic policies; offenses against unity policies; organizing, coercing, instigating others to flee abroad or remain abroad against the people's government; fleeing abroad or remaining abroad against the people's government; sentenced to 10 or more years for offenses against persons in Chapter on offenses against human life, health, dignity, and honor of the Criminal Code intentionally or sentenced to 07 or more years for the offense of theft of property;

Offense of kidnapping for ransom;

Offense of producing illegal narcotics;

Offense of trafficking illegal narcotics;

Offense of appropriating narcotics under the Criminal Code has served at least half of the sentence time for determinate sentences, if the sentence term has previously been reduced, the reduced time is not counted towards the time served; has served at least 17 years for life sentences reduced to determinate sentences, if the sentence has been further reduced thereafter, the additional reduced time is not counted towards the time served;

(iii) Has fulfilled the additional penalty of fines and paid court fees;

(iv) Has completed obligations to return property, compensate for damages, and other civil obligations for those convicted of corruption offenses;

(v) Has fulfilled or partially fulfilled obligations to return property, compensate for damages, and other civil obligations but due to special difficult economic circumstances, the remaining part is not yet conditionally enforced under civil law for those convicted of non-corruption offenses;

In cases where the obligation is to return property, compensate for damages, and other civil obligations related to assets not owned by the State, the execution delay must be agreed upon by the beneficiary or not demanded for execution concerning these assets;

(vi) Pardon does not adversely affect security and order;

(vii) Not in any of the cases specified in Article 4 of Decision 266/2025/QD-CTN.

(2) Individuals temporarily suspended from serving prison sentences proposed for pardon must meet the following conditions:

(i) Demonstrates substantial progress, good rehabilitation awareness, and is classified as having fairly good or good compliance with prison sentences according to the provisions of the law on criminal enforcement during the suspended sentence period;

(ii) Has served the prison sentence time specified in (ii) of item (1);

(iii) The conditions specified in (iii), (iv), (v), (vi) of item (1);

(iv) Strictly complies with the law during the temporary suspension period of serving the prison sentence.

(3) Individuals sentenced to determinate prison terms serving at least one-fourth of the time, and those sentenced to life imprisonment reduced to determinate sentences serving at least 12 years or sentenced for offenses specified in (ii) of item (1) serving at least one-third of the time for determinate sentences, 15 years for life sentences, if meeting the conditions specified in points (i), (iii), (iv), (v), (vi), and (vii) of item (1) and points (i), (iii), and (iv) of item (2) are proposed for pardon when falling into one of the following cases:

(i) Made significant achievements while serving the prison sentence, verified by the detention facility, temporary detention center, district-level police criminal enforcement agency, or other competent authorities;

(ii) Recognized as a person with contributions to the revolution according to the law on preferential treatment for revolution contributors; awarded the title of Hero of the Resistance against America; awarded one of the titles: Labor Hero, People's Teacher, People's Doctor, People's Artist, People's Artisan; awarded one of the types of Orders; awarded the Resistance Medal; parents, spouses, children of martyrs and persons who raised martyrs; children of Vietnamese Heroic Mothers; parents, spouses, children of persons who assisted the revolution and received a "Grateful to the Nation" or a certificate "Contributing to the Nation";

(iii) Currently suffers from critical illness or is frequently ill and unable to serve oneself;

(iv) Was under 18 years old when committing the crime, except for cases specified in (4);

(v) Aged 70 years or older;

(vi) Has especially difficult family circumstances and is the sole breadwinner of the family;

(vii) A pregnant woman or has a child under 36 months living with her in a detention facility, temporary detention center;

(viii) Severely disabled or particularly severely disabled under the law on persons with disabilities; persons with cognitive or behavioral control difficulties under civil law.

(4) Individuals under 18 years old serving prison sentences with conditions specified in (i) (vii) of item (1) or individuals under 18 years old temporarily suspended from serving prison sentences with conditions specified in (vii) of item (1), point (i), and (iv) of item (2) are proposed for pardon when having served at least one-fourth of the time or at least one-third of the time for the sentenced in offenses specified in (ii) of item (1).

Refer to more details at Decision 266/2025/QD-CTN which takes effect from March 3, 2025.

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