On July 1, 2022, the President of Vietnam issued Decision 766/2022/QD-CTN on amnesty in 2022, which stipulates 15 cases that are not eligible for amnesty in 2022.
Article table of contents
Vietnam: 15 cases ineligible for amnesty in 2022 (Source: Internet)
A person eligible for amnesty as proposed in Article 3 of Vietnam's Decision 766/2022/QD-CTN may not request amnesty if he/she falls in one of the following cases:
(1) Being sentenced to imprisonment for one of the following offenses:
+ Crime of betraying the fatherland;
+ Crime of activities aimed at overthrowing the people's administration;
+ Espionage is a crime.
+ Crime of infringing on territorial security;
+ Riot offense;
+ Crime of terrorism aimed at opposing the people's administration;
+ The crime of destroying the material and technical foundations of the Socialist Republic of Vietnam;
+ Crime of making, storing, spreading, or propagating information, documents, or items aimed at opposing the State of the Socialist Republic of Vietnam;
+ Security breaching crime;
+ Crime of destroying detention facilities, crimes of terrorism;
One of the crimes specified in Vietnam's Criminal Code's Chapter on disturbing the peace, crimes against humanity and war crimes
(2) The Court's judgment, part of the judgment, or decision against that person is being challenged through cassation or reopening procedures in the direction of aggravating criminal liability.
(3) Being investigated for criminal liability in connection with another crime
(4) Amnesty has already been granted.
(5) Having at least two prior criminal convictions
(6) A sentence of more than six years in prison for the person specified in Clauses 1 and 2 of Article 3; a sentence of more than eight years in prison for the person specified in Clauses 3 and 4 of Article 3 of Decision 766/2022/QD-CTN.
(7) Being imprisoned for very serious or particularly serious crimes affecting national security, except in the cases specified in Clause 1, Article 4 of Decision 766/2022/QD-CTN;
(8) Committing a heinous crime or a hooligan or organized murder;
Intentionally causing organized or hooligan injury or committing multiple crimes against one person or one time against many people; using dangerous acids or dangerous chemicals;
Rape of an incestuous nature
Rape of children or rape of persons under the age of 16 (according to the Criminal Code 1999); trading, exchanging, or kidnapping children (according to Vietnam's Criminal Code 1999);
trafficking in people under the age of 16 or swapping people under the age of 18 or appropriating people under the age of 16 years of age; robbing property with the use of weapons;
Robbing, stealing property in an organized manner, instigating, enticing, or inciting others to commit crimes, or committing the crime twice or more, causing serious, very serious, or particularly serious consequences against official duty performers, or committing the crime twice or more, causing serious consequences, instigating, enticing, or inciting others to commit crimes
Multiple property robberies (at least two);
(9) Committing a drug-related crime, robbery, or kidnapping to appropriate property with a remaining prison term of more than one year for a person sentenced to less than seven years in prison, or a remaining prison term of more than two years for persons sentenced to between seven and 15 years in prison, or a remaining prison term of more than three years for persons sentenced to more than 15 years in prison;
(10) Willfully committing one of the crimes specified in the Penal Code's Chapter of crimes infringing on a person's life, health, dignity, and honor, but with a remaining prison term of more than two years or a remaining imprisonment term of over 3 years for persons sentenced to imprisonment of more than 15 years or life imprisonment;
(11) The instigator, leader, or commander in an organized crime case; users who employ devious tactics and persistently oppose organized crime cases; offenders are of a professional nature;
There are grounds for illegally using narcotics.
(13) Being sentenced to prison for committing three or more crimes or intentionally committing two or more crimes, including cases of combined penalties.
(14) Having acriminal record and a prison sentence for an intentional crime
(15) have ever been sentenced to prison, including those whose criminal records have been expunged, or have been sent to a compulsory educational institution, including a previous educational institution, or have been sent to a reformatory and are sentenced to prison for one of the following crimes:
+ Regrading Narcotic Substances:
+ Murder and robbery
+ Robbery of property
+ Stealing property;
+ Fraudulent stealing property;
+ Kidnapping for proper property;
+ Against those performing official duties;
+ Women (according to the Penal Code 1985) or human trafficking;
+ Disturbing public order;
+ Consuming property obtained through the commission of a crime by another person;
+ High-interest lending (according to the Criminal Code of 1999) or high-interest lending in civil transactions;
+ Organizing or brokering for other people to illegally exit, enter, or stay in Vietnam.
Diem My
