Vietnam: A woman who is pregnant or has a child less than 36 months of age is entitled to special amnesty if she has served her imprisonment sentence well

Recently, the National Assembly of Vietnam has issued the Law on Pardon 2018, officially effective from July 01, 2019.

Phụ nữ có thai hoặc có con dưới 36 tháng tuổi được đặc xá , Luật đặc xá 2018

According to Article 14 of the Law on Pardon 2018 of Vietnam, a person who is pregnant or has a child less than 36 months of age who is living with her in the prison or detention center meet the following conditions shall be decided by the President of the country for shortening the prison sentence compared to the time specified at Point b Clause 1 Article 11:

- She has made considerable progress in and had a growing awareness of rehabilitation, and have been ranked as good or excellent while serving her imprisonment sentence as prescribed in law on criminal judgment enforcement;

- She has completely served the additional penalty of fine and has paid the court fee;

- She has fulfilled obligation to return the property or make restitution for the damage caused or other civil obligations in a case where she was convicted of corruption offenses or other offenses decided by the State President in every pardon;

- She has fulfilled a part of the obligation to return the property or make restitution for the damage caused or other civil obligations and the remaining part of obligation remains unfulfilled because of her financial hardship in a case where she was convicted of offenses other than corruption offenses or other offenses; (Note: She has obtained the consent of the judgment creditor to suspension or non-request of judgment enforcement associated with property that she has to return, make restitution or fulfill other civil obligations and such property is not owned by the State)

- Pardon granted to her does not cause negative impact on security and order;

- She does not fall under one of the cases prescribed in Article 12 hereof;

- She has made considerable progress in and had a growing awareness of rehabilitation, and has been ranked as good or excellent while serving his imprisonment sentence before the decision on suspension is issued;

- She has strictly complied with laws and regulations during the suspension of imprisonment sentences.

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

Ty Na

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