Pardon petition dossier in Vietnam 2022

Pardon petition dossier in Vietnam 2022 (Internet image)

1. Pardon petition dossier in Vietnam 2022

Pardon petition dossier in Vietnam includes:

- A petition for pardon.

- Documents evidencing the personal backgrounds and family circumstances of the pardon petitioner.

- Documents evidencing the completion of additional penalty of fine and full payment of the court fee. A decision made by the competent court in case of exemption from the fine or court fee.

A convict of offense prescribed in Point d Clause 1 Article 11 of the Law on Pardon 2018 must have proof of complete fulfillment of the obligation to return the property or make restitution, or of other civil obligations.

A person in the case prescribed in Point dd Clause 1 Article 11 of the Law on Pardon 2018 must give proof that he/she has completely fulfilled the obligation or has partly fulfilled the obligation to return the property or make restitution or other civil obligations and has obtained a decision made by the civil judgment enforcement agency certifying judgment debtor’s incapacity to satisfy the judgment debt. If the judgment creditor consents to the judgment enforcement suspension or gives no request for judgment enforcement associated with the property not owned by the state, such consent must be made in writing with certification of the competent authority.

A person in the case prescribed in Point c Clause 3 Article 11 of the Law on Pardon 2018 must obtain a conclusion of the Medical Examination Council, or at least a provincial-level or military-zone hospital.

A person in the case prescribed in Point e Clause 3 Article 11 of the Law on Pardon 2018 must obtain a certification of the People’s Committee of commune where his/her family is residing.

A person in the case prescribed in Point h Clause 3 Article 11 of the Law on Pardon 2018 must obtain a certificate of disability issued by the People’s Committee of commune where he/she resides; or a decision issued by the competent court, declaring that he/she has difficulties in perception and behavior control.

- A commitment not to violate law and to continue to completely serve the additional penalties being fines or restitution, fulfill obligation to return the property or fulfill other civil obligations after being granted pardon.

- A petition for pardon made by the superintendent of the prison or detention center affiliated to the Ministry of Public Security, the Ministry of National Defense, the head of criminal judgment enforcement agency affiliated to provincial Public Security, the head of criminal judgment enforcement agency of military zone.

If a person petitions for a pardon and his/her imprisonment sentence has been suspended, he/she must obtain a petition for pardon made by the People’s Court of province, the Military Court of military zone and appraisal of the People’s Committee of commune, military unit in charge if he/she has strictly complied with laws and regulations during such suspension period.

(Article 14 of the Law on Pardon 2018)

2. Appraisal of pardon petition dossier in Vietnam

- The Inter-Branch Appraisal Group shall appraise a list of eligible pardon petitioners and enclosed dossiers within 15 days from the date on which they are sent from the competent entity prescribed in Clause 2 and Clause 3 Article 15 of the Law on Pardon 2018.

- The Inter-Branch Appraisal Group shall make a final appraisal report enclosed with a list of eligible pardon petitioners and a list of ineligible pardon petitioners, and then send them to the competent entity prescribed in Clause 2 and Clause 3 Article 15 of the Law on Pardon 2018 to complete the list of eligible pardon petitioners and their dossiers according to the final appraisal report. These list and dossiers shall be forwarded to the Standing Board of Pardon Advisory Council as prescribed in Clause 6 Article 15 of the Law on Pardon 2018.

(Article 16 of the Law on Pardon 2018)

Diem My

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