Vietnam: The Pardon Advisory Council is established when there is a decision on pardon

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

Quyết định về đặc xá, ,  Luật đặc xá 2018

According to the Law on Pardon 2018 of Vietnam, at the request of the State President or if its pardon proposal is 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 in, studying and submitting reports to the State President for consideration and promulgation of draft decisions on pardon. The report on and draft decision on pardon must be submitted to the State President at least 60 days before the pardon time in order for the State President to consider granting such a decision. The Office of the State President shall take charge and cooperate with relevant agencies in announcing the decision on pardon as quickly as possible. The decision on pardon shall be publicized and announced on the mass media. After being publicized, the decision on pardon shall be posted up at prisons or detention centers.

Concurrently, the Pardon Advisory Council, set up under the State President’s decision upon the issuance of decision on pardon, is composed of a deputy prime minister as its chairman and representatives of leaderships of the following agencies and organizations as its members:

- The Supreme People’s Court;

- The Supreme People’s Procuracy;

- The Central Committee of the Vietnam Fatherland Front;

- The Ministry of Public Security;

- The Ministry of Defense;

- The Ministry of Justice;

- The Ministry of Foreign Affairs;

- The Government Office;

- The State President Office; and

- Concerned agencies and organizations, to be decided by the State President when necessary.

The Standing board of the Pardon Advisory Council is the Ministry of Public Security.

Besides, the Inter-Branch Appraisal Group established by the Pardon Advisory Council is composed of representatives of the following: the Supreme People’s Court; the Supreme People’s Procuracy; the Central Committee of the Vietnam Fatherland Front; the Ministry of Public Security; the Ministry of Defense; the Ministry of Justice; and concerned agencies and organizations, to be decided by the Pardon Advisory Council when necessary.

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

Ty Na

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