Vietnam: Complaints about lists of eligible pardon petitioners

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

Khiếu nại về việc lập danh sách người đủ điều kiện được đề nghị đặc xá, Luật đặc xá 2018

According to Article 36 of the Law on Pardon 2018 of Vietnam, pardon petitioner may lodge complaints about non-inclusion of their names in lists of pardon petitioners despite their eligibility by superintendents of prisons or detention centers under the Ministry of Public Security or the Ministry of Defense, the heads of provincial Public Security, the heads of criminal enforcement agencies of military zones, the Chief Judge of People’s Courts of provinces, the Chief Judge of Military Courts of military zones.

- Complainants may lodge complaints by themselves or through their representatives to the superintendents of prisons or detention centers affiliated to the Ministry of National Defense, the heads of prison’s superior bodies affiliated to the Ministry of Public Security, the heads of provincial Public Security, the heads of criminal enforcement agencies of military zones, the Chief Judge of People’s Courts of provinces, the Chief Judge of Military Courts of military zones.

- The time limit for lodging complaints is five working days from the date on which the list of eligible pardon petitioners is announced and posted up as prescribed by law.

Besides, settlement competence and time limit of complaint about non-inclusion of their names in lists of pardon petitioners include: superintendents of prisons or detention centers under the Ministry of Defense of Vietnam, the heads of provincial Public Security, the heads of criminal enforcement agencies of military zones, the Chief Judge of People’s Courts of provinces, the Chief Judge of Military Courts of military zones shall consider and settle complaints within 05 days after receiving them.

Note: The complaint handling decision must be promptly sent to the complainant and the People’s Procuracy which examined the preparation of list of eligible pardon petitioners and dossiers thereof in accordance with the Law on Pardon 2018 of Vietnam.

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

Ty Na

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