What is Amnesty?

Pardon as a Meaningful Initiative

Pardon is a meaningful initiative that creates conditions for offenders to reintegrate into the community, contributing positively to the work of education, reforming criminals, and combating crime, while protecting social order and safety.

According to the Law on Pardon 2007, Pardon is a special act of clemency by the State decided by the President to release prisoners before the end of their sentence due to significant events, major national holidays, or in special cases.

Recently, on October 17, President Tran Dai Quang signed and issued Decision 2230/2016/QD-CTN on the pardon for the year 2016.

The Decision clearly outlines the implementation of the pardon to release prisoners before the end of their sentence for those sentenced to a fixed-term, life imprisonment on the occasion of the National Day of the Socialist Republic of Vietnam (September 2, 2016), and the time served in prison for the consideration of pardon calculated up to November 30, 2016.

The subjects granted pardon under the Decision are those sentenced to a fixed-term, life imprisonment which has been reduced to a fixed term serving their sentence in prisons, detention centers, and criminal enforcement agencies at the district police level.

According to Decision 2230, those sentenced to a fixed-term, life imprisonment which has been reduced to a fixed term who are eligible for pardon must meet the following conditions:

- They must have served at least half the sentence for a fixed-term imprisonment. If they received a reduction in the prison term previously, that reduction time is not counted towards the time served. They must have served at least 15 years for life imprisonment; if, after being reduced to a fixed-term and further reductions were granted, those subsequent reduction times are not counted towards the time served;- They must have complied well with the prison, detention center, and house of detention regulations; actively studied, labored; continuously received a good or higher re-education rating; and their pardon should not affect social order, security, or safety;- They must have completed the additional penalty of fines, compensation for damages, recovery of illicit gains, court fees, or other civil obligations, except for certain inmates aged 70 or older or 60 or older if frequently ill, or those suffering from a terminal illness whose themselves and family are unable to fulfill these obligations.

In cases where those sentenced to a fixed term have served at least one third of their time and those sentenced to life imprisonment reduced to a fixed term have served at least 13 years, if they meet the other conditions stipulated in points b and c of clause 1, Article 3 of Decision 2230, they may be considered for pardon in the following situations:

- They have made significant achievements during their time served, with confirmation from the detention center, prison, or criminal enforcement agency at the district police level;- They are war invalids; sick soldiers; individuals recognized for their contributions in the fight for national independence and construction of socialism who have been awarded titles like Hero of the People's Armed Forces, Hero of Labor, People's Teacher, People's Doctor, People's Artist, and those recognized for bravery during the resistance against the U.S.; individuals awarded various types of Orders and Medals; individuals with relatives who are martyrs; children of the Heroic Mother of Vietnam; children of families with contributions to the state;- They committed the offense as minors;- They are 70 years old or older;- They are suffering from a terminal illness or individuals aged 60 and older who are frequently ill, unable to care for themselves, with a medical assessment or confirmation from a competent health agency;- They have particularly difficult family circumstances and are the sole breadwinner, confirmed by the People's Committee of the commune where they reside;- Female inmates who are pregnant or have children under 36 months old living with them in prison, detention center, or house of detention.

However, even if offenders meet the conditions for pardon, if they fall into one of the 16 cases stipulated in Article 4 of Decision 2230, they will still not be considered for pardon.

Pardon is a positive humanitarian policy of the State bringing offenders back to society. However, the decision for pardon must be implemented correctly, lawfully, ensuring that those granted clemency are truly repentant and conscious of becoming good citizens, contributing to the protection of social order and safety.

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