Regulations on implementation of pardon decisions

Regulations on implementation of pardon decisions in Vietnam (Internet image)

1. What is pardon?

According to Clause 1, Article 3 of the Law on Pardon 2018, pardon means a special clemency granted by the State, under the State Presidents decisions on parole of termed prisoners or life prisoners on the occasion of great national events or holidays, or in special cases

2. Procedures for making pardon petition dossiers and lists of eligible pardon petitioners in Vietnam

Procedures for making pardon petition dossiers and lists of eligible pardon petitioners in Vietnam under Article 15 of the Law on Pardon 2018 are as follows:

- Promptly after a decision on pardon is publicized and announced on means of mass media, prisons, detention centers, criminal enforcement agencies of district Public Security shall post it up and notify prisoners of such a decision.

Within 5 days from the date on which the decision on pardon is posted up and notified, a termed prisoner or life prisoner already commuted to termed prisoner prescribed in Article 11 and Article 12 of the Law on Pardon 2018 is entitled to make a petition for pardon.

- Within 10 days from the date on which the decision on pardon is posted up and notified, lists and dossiers of eligible pardon petitioners are elaborated as follows:

+ The superintendent of a prison affiliated to the Ministry of Public Security shall submit a list of eligible pardon petitioners together with their dossiers to the Inter-Branch Appraisal Group;

+ The superintendent of a detention center affiliated to the Ministry of Public Security shall submit a list of eligible pardon petitioners together with their dossiers to the head of its superior body, which are forwarded to the Inter-Branch Appraisal Group thereafter;

+ The superintendent of a detention center affiliated to Provincial Public Security, the Head of criminal enforcement agency of District Public security shall submit a list of eligible pardon petitioners together with their dossiers to the Head of criminal enforcement agency of Provincial Public Security, which are forwarded to the Inter-Branch Appraisal Group thereafter;

+ With regard to a convict who has been serving the sentence in a prison, detention center, or criminal enforcement agency of District Public Security and temporarily released for investigation, prosecution, trial purposes but has not been prosecuted for other criminal offenses, if he/she is fully eligible for a pardon, the Superintendent of the prison or detention center or the Head of criminal enforcement agency of District Public Security in charge of his/her original case file shall prepare a petition for pardon for him/her.

If the Superintendent of the detention center or the Head of criminal enforcement agency of District Public Security only receives the temporarily released person without managing his/her original case file, the Superintendent or the Head shall cooperate with the agency in charge of such original case file in preparing a petition for pardon;

+ The superintendent of a prison or detention center affiliated to the Ministry of National Defense or the Head of criminal enforcement agency of military zone shall submit a list of eligible pardon petitioners together with their dossiers to the Head of criminal enforcement agency of the Ministry of National Defense, which are forwarded to the Inter-Branch Appraisal Group thereafter.

- Within 15 days from the date on which the decision on pardon is publicized or announced on the means of mass media, the Chief Judge of People’s Court of province, the Chief Judge of Military Court of military zone who has issued decisions on suspension of imprisonment sentence shall notify this decision on pardon to those who have benefited these suspension decisions, and then submit a list of eligible pardon petitioners together with their dossiers to the Inter-Branch Appraisal Group.

If the person who has benefited an imprisonment suspension has resided in a place beyond the administrative division of the Court which issued such suspension decision, this Court shall notify the People’s Court of district or military zone where such person resides of including this person in the list of eligible pardon petitioners and preparing the pardon petition dossier, and then submitting them to the Inter-Branch Appraisal Group.

- The superintendent of prison or detention center, the Head of criminal enforcement agency of District Public Security, the Chief Judge of Provincial People’s Court and the Chief Judge of Military Court of military zone shall notify and post up the list of pardon petitioners.

- Superintendents of prisons affiliated to the Ministry of Public Security, the Ministry of National Defense, the Heads of prison’s superior body affiliated to the Ministry of Public Security, the Head of criminal enforcement agency of Provincial Public Security or military zone, the Chief Judge of Provincial People’s Court and the Chief Judge of Military Court of military zone shall notify the competent People’s Procuracy in writing as prescribed in Article 30 of the Law on Pardon 2018 of the list of eligible pardon petitioners and their dossiers for examination before forwarding them to the Inter-Branch Appraisal Group.

- Superintendents of prisons affiliated to the Ministry of Public Security, the Heads of prison’s superior body affiliated to the Ministry of Public Security, the Head of criminal enforcement agency of Provincial Public Security, the Head of criminal enforcement agency affiliated to the Ministry of National Defense, the Chief Judge of Provincial People’s Court and the Chief Judge of Military Court of military zone shall, according to the appraisal result of the Inter-Branch Appraisal Group, prepare two separate lists: a list of eligible pardon petitioners enclosed with their dossiers and a list of ineligible pardon petitioners enclosed with their dossiers, and then send them to the Standing Board of Pardon Advisory Council.

- The Ministry of Public Security, the Ministry of National Defense, the Supreme People’s Court, the Supreme People’s Procuracy, within their tasks and powers, shall provide guidelines for  Article 15 of the Law on Pardon 2018.

3. Regulations on implementation of pardon decisions in Vietnam

The implementation of pardon decisions under Article 18 of the Law on Pardon 2018 is as follows:

- The Office of the State President shall take charge and cooperate with relevant agencies in announcing pardon decisions. The pardon decision shall be publicized and announced on the mass media.

The pardon decision and list of pardon recipients shall be posted up at prisons, detention centers where the pardon recipients have served their sentences and sent to the People’s Committee of commune or military unit where they are going to reside or serve;

If a pardon recipient has benefited an imprisonment suspension, the People’s Committee of commune or military unit in charge shall be notified in writing.

- Superintendents of prisons, detention centers, the Head of criminal enforcement agency of District Public Security, the Head of criminal enforcement agency of military zone, the Chief Judge of Provincial People’s Court and the Chief Judge of Military Court of military zone shall announce and grant the pardon decision to pardon recipients.

- Superintendents of prisons, detention centers affiliated to the Ministry of Public Security, the Ministry of National Defense; superintendents of detention centers affiliated to military zone shall grant certificates of pardon to those having served their sentences in prisons, detention centers that are offered pardon.

The Head of criminal enforcement agency of Provincial Public Security shall grant certificates of pardon to those having served their sentences in detention centers of Provincial Public Security, detention centers of District Public Security who are offered pardon.

The Head of criminal enforcement agency of military zone shall grant certificates of pardon to those having served their sentences in detention centers of military zone that are offered pardon.

The Chief Judge of People’s Court of Province, the Chief Judge of Military Court of military zone shall grant certificates of pardon to those having benefited imprisonment suspension that are offered pardon.

- Holders of certificates of pardon shall send copies of these certificates to

+ The National Center for Judicial Records,

+ The Court that issued the judgment enforcement decision,

+ The agency in charge of enforcement of additional penalties,

+ The civil enforcement agency which issued the certification of the judgment debtor’s incapacity to satisfy the judgment debt,

+ The criminal enforcement agency affiliated to District Public Security,

+ The People’s Committee of commune, military unit where the pardon recipient is going to reside or serve,

+ The unit that receives the temporarily released person.

If the place where the pardon recipient is going to reside is not identifiable, the issuing agency of the certificate of pardon shall contact with the People’s Committee of commune or military unit to receive the pardon recipient and send a copy of certificate to that People's Committee of commune or military unit.

Quoc Dat

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