Vietnam: Appraisal of the pardon petition dossier within 15 days from the date of receipt

On November 19, 2018, the National Assembly of Vietnam issued the Law on Pardon 2018, officially effective from July 01, 2019.

thẩm định hồ sơ đề nghị đặc xá trong thời hạn 15 ngày, Luật đặc xá 2018

According to Article 16 of the Law on Pardon 2018 of Vietnam, the Inter-Branch Appraisal Group shall appraise a list of eligible pardon petitioners and enclosed dossiers within 15 days from the date on which they are sent from the competent entity (the superintendent of a prison, the Head of criminal enforcement agency, the Chief Judge of People’s Court of province, the Chief Judge of Military Court of military zone, etc.).

- The Inter-Branch Appraisal Group shall make a final appraisal report enclosed with a list of eligible pardon petitioners and a list of ineligible pardon petitioners, and then send them to the competent entity to complete the list of eligible pardon petitioners and their dossiers according to the final appraisal report. These lists and dossiers shall be forwarded to the Standing Board of Pardon Advisory Council.

- The Standing Board of Pardon Advisory Council shall collect lists of eligible and ineligible pardon petitioners and their dossiers made by the competent entities (the superintendent of a prison affiliated to the Ministry of Public Security of Vietnam, the Heads of prison’s superior body affiliated to the Ministry of Public Security of Vietnam,  the Head of criminal enforcement agency of Provincial Public Security, the Head of criminal enforcement agency affiliated to the Ministry of National Defense of Vietnam, the Chief Judge of Provincial People’s Court and the Chief Judge of Military Court of military zone) according to the final appraisal report of the Inter-Branch Appraisal Group, and then transfer the lists and petitions for pardon to members of the Pardon Advisory Council for verification.

- Members of the Pardon Advisory Council shall verify the lists and petitions for pardon; in necessary cases, the Standing Board of Pardon Advisory Council may be required to provide explanation and additional documents. The Standing Board of Pardon Advisory Council shall gather opinions of members of the Pardon Advisory Council and present them to the Pardon Advisory Council for consideration.

- The Pardon Advisory Council shall consider the lists and pardon petition dossiers presented by the Standing Board of Pardon Advisory Council for approval; and then make a final list of eligible pardon petitioners and send it and dossiers enclosed to the State President for consideration.

- The State President Office shall examine the list of eligible pardon petitioners and dossiers enclosed to the State President and submit them to the State President for decision.

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

Ty Na

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