Regulations on settlement of complaints in pardon in Vietnam

Regulations on settlement of complaints in pardon in Vietnam (Internet image)

1. Rights and obligations of pardon petitioners in Vietnam

According to Article 13 of the Law on Pardon 2018, pardon petitioners have rights and obligations to:

- Keep informed of policies and laws on pardon, the State Presidents decisions on pardon, competent agencies guiding documents on eligibility requirements for pardon petitioners, and other pardon information relevant to them.

- Contact their relatives to collect papers and documents necessary for the completion of the pardon petition dossiers.

- Request competent entities to issue or certify papers and documents necessary for the completion of the pardon petition dossiers.

- Submit papers and documents at the request of authorities competent to petition for pardon; declare their truthful and adequate personal information in relation with the petitions for pardon.

- Lodge complaints or denunciations according to the provisions of Chapter V of the Law on Pardon 2018.

2. Complaint settlement competence in Vietnam

In Clause 1, Article 37 of the Law on Pardon 2018, the complaint settlement competence is as follows:

- 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.

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 the Law on Pardon 2018.

3. Time limit for complaint settlement in Vietnam

In Clause 2, Article 37 of the Law on Pardon 2018, the time limit for complaint settlement is as follows:

In case of disagreement with the complaint settlement decision of the competent person specified in Clause 1, Article 37 of the Law on Pardon 2018, then:

- If disagreeing with complaint settlement decisions of the competent persons prescribed in Clause 1 of Article 37 of the Law on Pardon 2018, 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 prescribed in Clause 1 of Article 37 of the Law on Pardon 2018 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.

4. Complaints about lists of eligible pardon petitioners on the occasion of great national events or holidays in Vietnam

Article 36 of the Law on Pardon 2018 stipulates complaints about lists of eligible pardon petitioners on the occasion of great national events or holidays as follows:

- Pardon petitioner may lodge complaints about non-inclusion of their names in lists of pardon petitioners despite their eligibility by superintendents of prisons or detention centers under the Ministry of Public Security or the Ministry of Defense, 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.

- Complainants may lodge complaints by themselves or through their representatives to the competent entities prescribed in Clause 1 Article 37 of the Law on Pardon 2018.

- The time limit for lodging complaints is five working days from the date on which the lists of eligible pardon petitioners is announced and posted up as prescribed in Clause 4 Article 15 of the Law on Pardon 2018.

Ngoc Nhi

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