Vietnam: What are eligibility requirements for a person whose imprisonment sentence has been suspended to petition for a pardon?

According to the Law on Pardon 2018 of Vietnam, a person whose imprisonment sentence has been suspended may petition for a pardon if he/she fully meets following eligibility requirements:

- He/she has made considerable progress in and had a growing awareness of rehabilitation, and has been ranked as good or excellent while serving his imprisonment sentence before the decision on suspension is issued;

- 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;

- He/she has completely served the additional penalty of fine and has paid the court fee;

- He/she has fulfilled obligation to return the property or make restitution for the damage caused or other civil obligations in a case where he/she was convicted of corruption offenses or other offenses decided by the State President in every pardon;

- He/she has fulfilled a part of the obligation to return the property or make restitution for the damage caused or other civil obligations and the remaining part of obligation remains unfulfilled because of his/her financial hardship in a case where he/she was convicted of offenses other than those prescribed in Point d Clause 1 Article 11 of the Law on Pardon 2018 of Vietnam;

- He/she has obtained the consent of the judgment creditor to suspension or non-request of judgment enforcement associated with property that he/she has to return, make restitution or fulfill other civil obligations and such property is not owned by the State;

- Pardon granted to him/her does not cause negative impact on security and order;

- He/she does not fall under one of the cases prescribed in Article 12 of the Law on Pardon 2018 of Vietnam;

- He/she has strictly complied with laws and regulations during the suspension of imprisonment sentence.

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

Ty Na

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