Conditions for requesting pardon in Vietnam in 2024

Conditions for requesting pardon in Vietnam in 2024 are stipulated in Article 3 of Decision 758/2024/QD-CTN as follows:

(1) Those serving a fixed-term prison sentence or those sentenced to life imprisonment who have had their sentences reduced to a fixed term shall be considered for pardon in Vietnam if they meet the following conditions:

- They have shown significant improvement, have a good sense of rehabilitation, and are classified as good or excellent in compliance with the regulations on criminal sentence enforcement.

- They have served at least half of their prison sentence for fixed-term cases. If their sentence has been previously reduced, the reduced time shall not be counted towards the served time.

They have served at least 15 years for life sentences reduced to fixed-term sentences. If the fixed-term sentence is further reduced, the additional reduced time shall not be counted towards the served time.

Those convicted of crimes related to obstructing the implementation of socio-economic policies, undermining solidarity policies, organizing or forcing others to flee abroad or stay abroad to oppose the people's government, escaping abroad or staying abroad to oppose the people's government; those sentenced to 10 years or more for crimes specified in the chapter on crimes against people's lives, health, dignity, and honor in the Criminal Code by intent; those sentenced to 07 years or more for robbery, kidnapping for ransom, producing illegal drugs, or dealing in illegal drugs; those involved in drug appropriation under the Criminal Code who have served at least two-thirds of their sentences if previously reduced, and at least 18 years for those reduced from life sentences. Additional reductions are not counted towards served time.

- They have completed supplementary penalties including fines and have paid court fees.

- They have fulfilled obligations to return assets, compensate for damages, and other civil obligations if convicted of corruption-related crimes.

- They have either completed or partially completed obligations to return assets, compensate for damages, and other civil obligations but are in exceptional economic hardship without the means to fulfill the remaining obligations as per the regulations on civil sentence enforcement for non-corruption related crimes.

In cases where obligations involve non-State owned assets, consent for deferred enforcement or waiver of enforcement from the beneficiaries is required.

- Their pardon does not negatively impact security and order.

- They are not under the cases specified in Article 4 of Decision 758/2024/QD-CTN.

(2) Those temporarily suspended from serving prison sentences to be considered for pardon must meet the following conditions:

- They have shown significant improvement, have a good sense of rehabilitation, and are classified as good or excellent in compliance with the regulations on criminal sentence enforcement during the time before suspension.

- They have served the time stipulated in point b, clause 1, Article 3 of Decision 758/2024/QD-CTN.

- They meet the conditions specified in points c, d, e, and g, clause 1, Article 3 of Decision 758/2024/QD-CTN.

- They comply strictly with laws during the suspension period.

(3) Those sentenced to fixed-term imprisonment having served at least one-third of their term and those sentenced to life imprisonment, reduced to fixed-term imprisonment having served at least 13 years, or those sentenced under the crimes specified in point b, clause 1, Article 3 having served two-fifths of their term, 16 years if reduced from life imprisonment, meeting conditions specified in points a, c, d, e, and g, clause 1 and points a, c, and d, clause 2, Article 3 of Decision 758/2024/QD-CTN, shall be considered for pardon in the following cases:

- They have made significant contributions during imprisonment, verified by prisons, detention centers, district-level criminal enforcement agencies, or other competent authorities.

- They have meritorious services to the revolution as per laws on preferential treatment for revolutionary contributors; they were honored as Heroes in the resistance against the America; recipients of titles: Labor Hero, People's Teacher, People's Doctor, People's Artist, National Artist; recipients of Resistance Orders and Medals; parents, spouses, children of martyrs, and those who cared for martyrs as children; children of Vietnamese Heroic Mothers; parents, spouses, children of those honored for assisting the revolution receiving “Glory to the Nation” or “Meritorious Person” recognitions.

- Suffering from terminal illnesses, permanent medical conditions preventing self-care.

- Under 18 when committing the crime, except cases specified in clause 4, Article 3 of Decision 758/2024/QD-CTN.

- Aged 70 or above.

- Facing particularly difficult family circumstances and being the sole breadwinner.

- Pregnant women or those having children under 36 months old staying with them in prison.

- Severely disabled or exceptionally disabled as defined by disability laws; those with cognitive or behavioral difficulties as defined by civil laws.

(4) Juveniles serving prison sentences meeting conditions specified in points a and g, clause 1, Article 3 or those temporarily suspended serving sentences meeting points g, clause 1, points a and d, clause 2, Article 3 of Decision 758/2024/QD-CTN shall be considered for pardon after serving at least one-third or two-fifths for crimes listed in point b, clause 1, Article 3 of the Decision.

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