Vietnam: Pardon in special cases in order to meet the States domestic and foreign relation requirements

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

Đặc xá trong trường hợp đặc biệt, Luật đặc xá 2018

According to Article 22 of the Law on Pardon 2018 of Vietnam, in special cases, in order to meet the States domestic and foreign relation requirements, the State President may decide to grant pardon to termed prisoners or life prisoners who are serving imprisonment sentences or persons eligible for postponement of or suspension from serving their imprisonment sentences, regardless of whether they satisfy the conditions specified in Articles 11 and 12 of this Law.

Procedures for making pardon petition dossiers in special cases are prescribed as follows:

- At the State Presidents request or the Governments pardon petition accepted by the State President, the Government shall take charge and cooperate with the Supreme People’s Court, the Supreme People’s Procuracy and concerned agencies or organizations in. making dossiers of pardon petitioners and submit them to the State President for consideration and decision.

- The Ministry of Public Security of Vietnam shall prepare pardon petition dossiers for termed prisoners and life prisoners and send them to the Government; the Government shall then forward them to the State President for consideration.

- The Supreme People’s Court shall prepare pardon petition dossiers for those who have benefited from imprisonment delay or suspension and send them to the Government; the Government shall then forward them to the State President for consideration.

- The State President Office shall examine dossiers of eligible pardon petitioners 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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