Vietnam: Guidelines for pardon petition dossier of a person who has suffered from fatal diseases

These are notable contents regulated at the Law on Pardon 2018 of Vietnam.

hồ sơ đề nghị đặc xá của người đang mắc bệnh hiểm nghèo, Luật đặc xá 2018

According to Article 14 of the Law on Pardon 2018 of Vietnam, pardon petition dossier of a person who has suffered from fatal diseases or chronic ailments that he/she is unable to take care of himself/herself shall include:

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.

A person who has suffered from fatal diseases or chronic ailments that he/she is unable to take care of himself/herself must obtain a conclusion of the Medical Examination Council, or at least a provincial-level or military-zone hospital.

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 the 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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