Regulations on Exemption from serving sentences in Vietnam under the Penal Code 2015

Regulations on Exemption from serving sentences in Vietnam under the Penal Code 2015 (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on Exemption from serving sentences in Vietnam under the Penal Code 2015

Regulations on exemption from penalty execution in Vietnam according to Article 62 of the Penal Code 2015 are as follows:

- A convict shall be exempt from serving his/her sentence in the event of a parole or general amnesty.

- The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to community sentence or imprisonment of up to 03 years and has not served that sentence from serving the sentence in any of the following circumstances:

+ The convict has made reparation in an effort to atone for the crime after being convicted;

+ The convict has a fatal disease;

+ The convict abides by law, his/her family is facing extreme hardship and he/she is considered no longer dangerous to society.

- The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to imprisonment of over 03 years and has not served that sentence from serving the sentence if he/she has made reparation in an effort to atone for the crime or has a fatal disease and considered no longer dangerous to society.

- If a person who is sentenced to imprisonment of up to 03 years, has had the sentence suspended and has made reparation in an effort to atone for the crime during the suspension period or abides by law or his/her family is facing extreme hardship and he/she is deemed no longer dangerous to society, the Court, at the request of Director of the Procuracy, might exempt him/her from serving the rest of the sentence.

- If a fined person has served part of the sentence and is facing prolonged financial hardship due to a natural disaster, conflagration, accident or disease and thus no longer able to pay the remaining fine or has made reparation in an effort to atone for the crime, the Court, at the request of Director of the Procuracy, might exempt him/her from paying the remaining fine.

- If a person prohibited from residence or kept under mandatory supervision has served at least half the sentence and shows remarkable improvements, the Court, at the request of the criminal sentence execution authority of the district where he/she serves the sentence, might exempt him/her from serving the rest of the sentence.

- The person exempt from serving a sentence as set out in Article 62 of the Penal Code 2015 must fulfill the civil obligations specified in the judgment.

2. Regulations on commutation of sentence in Vietnam under the Penal Code 2015

Regulations on commutation of sentence according to Article 63 of the Penal Code 2015 are as follows:

- If a person who is sentenced to community sentence, determinate imprisonment or life imprisonment has served the sentence for a sufficient period of time, shows improvements and has fulfilled part of the civil liability, the Court, at the request of a competent criminal sentence execution authority, might issue a decision on commutation of the sentence.

The convict must serve the sentence for a sufficient period of time which is one third of the duration of community sentence or determinate imprisonment or 12 years of the life sentence.

- A person might receive more than one commutation. Nevertheless, at least half of the sentence must be served.

The first commutation of a life sentence shall be 30-year imprisonment. Nevertheless, a life sentence must be served for at least 20 years in reality regardless of the number of commutations.

- If a person is convicted of multiple crimes and the sentence for one of which is life imprisonment, the Court may only give the first commutation to 30-year imprisonment after the convict has served the sentence for 15 years. Nevertheless, he/she must serve the sentence for at least 25 years in reality regardless of the number of commutations.

- If a person who has received a commutation commits a new crime that is less serious, the Court may only give the first commutation after he/she has served haft of the combined sentence.

- If a person who has received a commutation commits a new crime that is serious, very serious or extremely serious, the Court may only give the first commutation after he/she has served two thirds of the combined sentence. If the combined sentence is life, commutation shall be considered in accordance with Clause 3 of Article 63 of the Penal Code 2015.

- With regard a person who is sentenced to death and receives a commutation or a person sentenced to death in the circumstances specified in Point b or Point c Clause 3 Article 40 of the Penal Code 2015, the first commutation may only be given after the convict has served the sentence for 25 years. Nevertheless, he/she must serve the sentence for at least 30 years in reality.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE