Vietnam: Who has the authority to settle complaints about making lists of requests for amnesty?

According to Article 37 of the Law on Pardon 2018 of Vietnam, superintendents of prisons or detention centers affiliated to the Ministry of National Defense, the heads of prison’s superior bodies affiliated to the Ministry of Public Security, the heads of provincial Public Security, the heads of criminal enforcement agencies of military zones, the Chief Judge of People’s Courts of provinces, the Chief Judge of Military Courts of military zones shall consider and settle complaints within 05 days after receiving them.

Note: The complaint handling decision must be promptly sent to the complainant and the People’s Procuracy which examined the preparation of list of eligible pardon petitioners and dossiers thereof in accordance with this Law.

Concurrently, if disagreeing with complaint settlement decisions of the competent persons mentioned above, within 05 days after receiving the decisions, the complainants may further lodge their complaints to the Minister of Public Security or the Minister of Defense, the Chief Justice of the Supreme People’s Court; the People’s Procuracy may send a proposal to the Minister of Public Security, the Minister of National Defense, the Chief Justice of the Supreme People’s Court.

Within 05 days from the receipt of a complaint, the Minister of Public Security, the Minister of National Defense, the Chief Justice of the Supreme People’s Court must deal with it, if the complaint is accepted, the eligible pardon petitioner shall be included in the equivalent list; if the complaint is rejected, the ineligible pardon petitioner shall be included in the equivalent list; and give a written notice to the complainant and the People’s Procuracy.

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

Ty Na

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