Vietnam: Procedures for considering amnesty in special cases in 2022

Vietnam: Procedures for considering amnesty in special cases in 2022 (Source: Internet)

1. Subjects considered for amnesty in special cases in Vietnam

According to Clause 2, Section I, Instruction 157/TANDTC-V1 dated July 11, 2022, the subject to be considered for amnesty in special cases is a person who is temporarily suspended from serving a prison sentence but is ineligible for amnesty or the person is being postponed from serving a prison sentence in one of the following cases:

- There is a document from the President requesting a special amnesty;

- There is a written request for amnesty from the diplomatic missions of foreign countries or international organizations;

- There are written requests for amnesty from ministries, ministerial-level agencies, Party committees, and the Central Committee of the Vietnam Fatherland Front.

2. Application for special amnesty in special cases in Vietnam

According to Point a, Clause 3, Section II,  Instruction 157/TANDTC-V1 dated 11/7/2022 providing for dossiers of application for special amnesty consideration.

A dossier of request for amnesty in special cases for a person who is temporarily suspended from serving a prison sentence but not eligible for special amnesty or a person whose prison sentence is being postponed, including forms and documents as prescribed in Clause 1, Section II of Instruction 157/TANDTC-V1 dated July 11, 2022, including:

- A written request for special amnesty consideration for convicts who are temporarily suspended from serving prison sentences (Form No. 01);

- An application for amnesty of a convict who is temporarily suspended from serving a prison sentence (Form 02);

- A written commitment of the person applying for amnesty (Form 03);

- A copy of the judgment enforcement decision of the convict;

- A copy of the sentence that is being suspended from serving the prison sentence;

- A copy of the decision (or decisions) to suspend the serving of the prison sentence for the convict, which is still valid as of August 31, 2022;

- Documents and papers proving that the additional penalty has been completely served, including fines, compensation for damage, arrears for additional state funds, and court fees;

- Documents proving that the person requesting amnesty has a criminal record, but his criminal record has been expunged;

- In case the convict has made great achievements while serving his/her prison sentence, he/she must have all the papers as prescribed;

- Documents proving that the convict is temporarily suspended from serving the prison sentence.

3. Procedures for applying requests for special amnesty consideration in special cases in Vietnam

According to Point b, Clause 3, Section II of Instruction 157/TANDTC-V1 dated July 11, 2022, stipulating the order and procedures for making a dossier of request for special amnesty consideration in special cases as follows:

- When receiving a written request for amnesty from the President or a request for special amnesty from agencies and organizations, and in response to the State's domestic and foreign requests, then:

Provincial-level people's courts and military zone-level military courts shall have to compile dossiers and lists of requests for special amnesty in special cases under the management of their courts according to regulations.

- The Chief Justice of the People's Court of the province or the Chief Justice of the Military Court of the military zone shall notify in writing the procuracies of the same level of the results of making lists and dossiers of the persons proposed for amnesty in special cases for control.

After receiving the inspection results in writing from the procuracies of the same level, the provincial-level People's Courts, the military courts of the military zones shall summarize and send the list and dossiers of persons proposed for amnesty in special cases to the Supreme People's Court before August 5, 2022 for summary;

And send it to the Government and relevant agencies to compile a dossier and submit it to the President for consideration and decision.

See more at Instruction 157/TANDTC-V1 issued on 11/7/2022.

Quoc Dat

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