Subjects and conditions to be considered for pardon in Vietnam in 2024

Subjects and conditions to be considered for pardon in 2024 (Image from the Internet)

On July 30, 2024, the President of Vietnam issued Decision 758/2024/QD-CTN regarding the pardon in Vietnam in 2024.

Subjects and conditions to be considered for pardon in Vietnam in 2024

The subjects eligible for pardon include individuals currently serving fixed-term imprisonment, those sentenced to life imprisonment who have had their sentences reduced to fixed-term imprisonment, and individuals temporarily suspended from serving their imprisonment sentence.

Article 3 of Decision 758/2024/QD-CTN prescribes the conditions for pardon in Vietnam in 2024 as follows:

* Individuals currently serving fixed-term imprisonment, those sentenced to life imprisonment who have had their sentences reduced to fixed-term imprisonment, to be proposed for pardon must meet the following conditions:

- Have shown significant progress, good reform awareness, and are classified as good or fairly good according to the law on criminal judgment execution;

- Have served at least half of their sentence for fixed-term imprisonment. If the sentence has already been reduced, the reduced time is not counted as served time. Have served at least 15 years for life imprisonment reduced to fixed-term imprisonment. If the sentence is further reduced after the initial reduction, the subsequent reductions are not counted as served time;

Individuals convicted of crimes that sabotage socio-economic policies, disrupt unity policies, organize/coerce/incite others to flee abroad or stay abroad against the people’s government; those sentenced to 10 or more years for crimes violating human life, health, dignity, and honor intentionally, or those convicted of asset robbery, kidnapping for ransom, illicit drug production, illicit drug trading, drug appropriation as per the Criminal Code must have served at least two-thirds of their sentences for fixed-term imprisonment. If the sentence has been reduced, the reduced time is not counted as served time. Have served at least 18 years for life imprisonment reduced to fixed-term imprisonment. If the sentence is further reduced after the initial reduction, the subsequent reductions are not counted as served time;

- Have completed all additional penalties like fines, fees, and other obligations;

- Have completed compensation, asset return obligations, or other civil duties for corruption-related crimes;

- Have fulfilled or partially fulfilled asset return, compensation obligations but due to exceptionally difficult economic circumstances unable to continue paying as required by civil judgment enforcement laws for non-corruption crimes;

In cases where non-state-owned assets are involved, the person not enforcing the judgment must accept a postponement or not demand the enforcement of those assets;

- The proposed pardon should not negatively impact security and order;

- Do not fall under any cases specified in Article 4 of Decision 758/2024/QD-CTN.

* Individuals temporarily suspended from serving imprisonment sentences must meet the following conditions:

- Have shown significant progress, good reform awareness, and are classified as good or fairly good according to the law on criminal judgment execution during the period before the suspension;

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

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

- Strictly comply with laws during the suspension period.

* Individuals with fixed-term imprisonment serving at least one-third of their sentences and life imprisonment reduced to fixed-term imprisonment serving at least 13 years or those convicted of crimes specified in point b, clause 1, Article 3 of Decision 758/2024/QD-CTN serving at least two-fifths of their sentences, 16 years for life imprisonment cases can be proposed for pardon if they meet the following conditions:

- Made significant contributions during imprisonment as confirmed by the detention center, temporary prison, district police enforcement authority, or other competent authority;

- Have meritorious services to the revolution as stated by laws on preferential treatment for meritorious services, awarded titles such as Resistance Hero against the US, or other national honors. Parents, spouses, children of martyrs, and custodians of martyrs' children are eligible for commemorative or appreciation certs from the state;

- Suffering from terminal illness or chronic diseases unable to self-serve;

- Convicted below 18 years, excluding cases under clause 4, Article 3;

- Aged 70 or above;

- Facing exceptionally difficult family circumstances while being the sole breadwinner;

- Pregnant women or women with children under 36 months cohabiting in detention centers, temporary prisons, or detention houses;

- Severely or exceptionally severely disabled under disability laws or cognitive-behavioral disorders under civil laws.

* Under-18 individuals serving imprisonment who meet points a and g, clause 1, Article 3 or under-18 individuals temporarily suspended from serving imprisonment meeting points g, clause 1, a, and d, clause 2, Article 3 can be proposed for pardon having served at least one-third or two-fifths of sentences for crimes stated in point b, clause 1, Article 3.

Refer to Decision 758/2024/QD-CTN taking effect in Vietnam on July 30, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE