Vietnam: Guidelines for pardon petition dossier for persons from 70 years of age

According to Article 14 of the Law on Pardon 2018 of Vietnam, pardon petition dossier for persons from 70 years of age or older includes:

1. A petition for pardon.

2. Documents evidencing the personal backgrounds and family circumstances of the pardon petitioner.

3. Documents evidencing the completion of additional penalty of fine and full payment of the court fee. A decision made by the competent court in case of exemption from the fine or court fee.

Note: A person from 70 years of age or older must give proof that he/she has completely fulfilled the obligation or has partly fulfilled the obligation to return the property or make restitution or other civil obligations and has obtained a decision made by the civil judgment enforcement agency certifying judgment debtor’s incapacity to satisfy the judgment debt. If the judgment creditor consents to the judgment enforcement suspension or gives no request for judgment enforcement associated with the property not owned by the state, such consent must be made in writing with certification of the competent authority.

4. A commitment not to violate law and to continue to completely serve the additional penalties being fines or restitution, fulfill obligation to return the property or fulfill other civil obligations after being granted pardon.

5. A petition for pardon made by the superintendent of the prison or detention center affiliated to the Ministry of Public Security, the Ministry of National Defense, the head of criminal judgment enforcement agency affiliated to provincial Public Security, the head of criminal judgment enforcement agency of military zone.

If a person petitions for a pardon and his/her imprisonment sentence has been suspended, he/she must obtain a petition for pardon made by the People’s Court of province, the Military Court of military zone and appraisal of the People’s Committee of commune, military unit in charge if he/she has strictly complied with laws and regulations during such suspension period.

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

Ty Na

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