Various forms of pardon in Vietnam

12:28, 11/07/2024

Pardon is a privilege granted by the State of Vietnam in the form of exemption from or reduction of criminal responsibility or penalty for offenders. This is a humanitarian policy of the state, which has significant political and social implications for offenders, creating conditions for offenders to be rehabilitated and educated to become beneficial individuals for society and quickly reintegrate into the community.

Pardon is carried out in two forms: absolution and pardon.

Distinguishing Criteria	Pardon	Absolution
Concept	A measure of the State regarding the decision to release prisoners before their term for those sentenced to definite terms, life imprisonment	A measure of the State to completely and thoroughly forgive certain types of crimes for offenders.
Authority to Decide	President	National Assembly
Applicable Subjects	Convicts in the stage of serving prison sentences (those sentenced to definite terms, life imprisonment)	Offenders at any stage, from investigation, prosecution, trial to execution of sentences.
Timing of Application	- On the occasion of significant political, economic, cultural, and social events of great internal and external importance for the development of the country; - On National Day, September 2 or other holidays associated with major historical events of the country; - When deemed necessary	- Not specific. - Clemency decisions are made in National Assembly sessions, gathering opinions from assembly members, often during important occasions in the political life of the country.
Scope of Application	Narrow. Applies to specific offenders according to actual situation. Certain conditions must be met to be recommended for a pardon.	Broad. Excludes only certain dangerous crimes that if clemency were granted, would greatly affect social order and national security.
Legal Consequences	Persons granted pardon will be exempted from serving the remaining part of their sentence but will not immediately have their criminal records expunged and will still have a criminal record in their judicial history.	Persons granted clemency will be considered not guilty and will not have any criminal record in their judicial history.
Legal Basis	Law on Pardon 2007	Currently, there are no specific guiding documents on this issue.

From 2009 to date, implementing the Law on Pardon, the State of Vietnam has conducted 6 pardon waves, releasing nearly 81,800 prisoners ahead of schedule and 919 individuals whose sentences were postponed or temporarily suspended. This morning, November 30, 2016, the President made a pardon decision for nearly 4,200 prisoners and nearly 200 individuals having their sentences postponed or temporarily suspended.

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- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
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