Vietnam: Persons who have two or more previous convictions may not petition for pardon

Specifically, according to Article 12 of the Law on Pardon 2018 of Vietnam, persons who fully meet the eligibility requirements specified in Article 11 of this Law may not petition for pardon in the following cases:

1. He/she is convicted of high treason; activities against the people's government; espionage; infringement upon territory; rebellion; terrorism to oppose the people's government; sabotaging facilities of Socialist Republic of Vietnam; making, possessing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam; disruption of security; disruption of detention facilities; terrorism and one of offenses prescribed in the Chapter “Disturbing the peace, crimes against humanity and war crimes” of the Criminal Code;

2. The whole or a part of court judgments or rulings against him/her is being appealed according to cassation or reopening review towards more severe criminal liability;

3. He/she is being examined for penal liability for other criminal acts;

4. He/she was previously granted pardon;

5. He/she has two or more previous convictions;

6. Other cases decided by the State President.

Besides, the Law on Pardon 2018 of Vietnam also stipulates that to be eligible for a pardon, a termed prisoner or life prisoner already commuted to termed imprisonment shall fully meet the following eligibility requirements:

- He/she has made considerable progress in and had a growing awareness of rehabilitation, and have been ranked as good or excellent while serving his/her imprisonment sentence as prescribed in law on criminal judgment enforcement;

- He/she has served his/her imprisonment sentence for a defined period of time decided by the State President which, however, must represent at least one-third of his/her imprisonment term; if he/she previously benefited commutation, the commutation duration shall not be included in the duration he/she has served his/her imprisonment sentence; or at least fourteen (14) years, for life imprisonment commuted to term imprisonment, if he/she keep benefiting another commutation, such commutation duration shall not be included in the duration he/she has served his/her imprisonment sentence.

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

Ty Na

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