Conditions to apply for pardon on the occasion of National Day September 2, 2021 in Vietnam

Conditions to apply for pardon on the occasion of National Day September 2, 2021 in Vietnam (Internet image)

A person who is serving a term of imprisonment or a person whose life sentence has been commuted to a term of imprisonment and is eligible for amnesty must meet the following conditions:

(1) Has made a lot of progress, has a good sense of reform, and is classified as having served his prison sentence fairly or well according to the provisions of the law on the execution of criminal judgments.

(2) Have served a prison sentence of at least:

+ One-half of the time, in cases of fixed-term imprisonment, if the term of imprisonment has previously been reduced, the reduced term shall not be included in the time already served.

+ 15 years in cases of life imprisonment that has been reduced to term imprisonment; if, after being reduced to term imprisonment, the term of imprisonment continues to be reduced, the reduced term will not be counted toward the time already served in prison.

People convicted of sabotaging the implementation of socio-economic policies; Crime of undermining the solidarity policy; Crime of organizing, forcing, or inciting others to flee abroad or stay abroad to oppose the people's government; Crime of fleeing abroad or staying abroad to oppose the people's government; a person sentenced to 10 years or more in prison for one of the crimes specified in the Chapter on crimes infringing on human life, health, dignity, and honor of the Penal Code intentionally or people sentenced to 7 years or more in prison for robbery; kidnapping for the purpose of appropriating property; Crime of illegal production of narcotics; crime of illegal drug trafficking; The crime of appropriating narcotics under the Penal Code has served a prison sentence of at least two-thirds of the time in the case of a fixed-term prison sentence, if the prison term has previously been reduced. The reduced term will not be counted toward the time already served in prison; have served a prison sentence of at least 18 years in cases where life imprisonment has been reduced to term imprisonment; If, after being reduced to a term of imprisonment, the term of imprisonment continues to be reduced, then the reduced term will not be counted in the time already served.

(3) Have completed serving the additional penalty of a fine and paid court fees

(4) The obligation to return property, compensate for damage, and other civil obligations for people sentenced to imprisonment for corruption crimes has been completed.

(5) Has completed or partially fulfilled the obligation to return property, compensate for damage, or other civil obligations but due to falling into particularly difficult economic circumstances in cases where there are no conditions for further execution of the remaining portion according to the provisions of law on civil judgment enforcement for people sentenced to imprisonment for crimes other than corruption crimes.

In cases where the obligation to return property, compensation for damage, or other civil obligations must be fulfilled for property not owned by the State, the judgment creditor must agree to postpone the execution of the judgment or not request the execution of the judgment for this property.

(6) When granted amnesty, it will not adversely affect security and order.

(7) Not falling into one of the cases that are not eligible for amnesty according to Article 4 of Decision 1161/2021/QD-CTN.

A person whose prison sentence is temporarily suspended and is recommended for amnesty must meet the following conditions:

(1) Have made a lot of progress, have a good sense of reform, and are classified as having served a prison sentence fairly or well according to the provisions of the law on the execution of criminal sentences during the period of serving the prison sentence before the suspension decision is made.

(2) Have served a prison sentence according to the above regulations.

(3) Conditions (3), (4), (5), (6), and (7) mentioned above.

(4) Strictly comply with the law during the period of temporary suspension from serving the prison sentence.

People sentenced to fixed-term imprisonment have served at least 1/3 of the time, and people sentenced to life imprisonment commuted to fixed-term imprisonment have served at least 13 years, or in the case of being convicted of one of the crimes specified in Point b, Clause 1, Article 3 of Decision 1161/2021/QD-CTN and having served at least two-fifths of the term of imprisonment for a term of 16 years. For life imprisonment sentences, if all the conditions specified in Points a, c, d, dd, e and g Clause 1, Points a, c, and d Clause 2 Article 3, are met, then amnesty can be requested. when falling into one of the following cases:

(1) Have made great achievements while serving a prison sentence, with confirmation from a prison, detention center, criminal judgment execution agency, district-level police, or other competent authority.

(2) People with meritorious services to the revolution according to the provisions of law on preferential treatment for people with meritorious services to the revolution; who was awarded the title of Hero in the resistance war against America to save the country; who was awarded one of the following titles: Hero of Labor, People's Teacher, People's Physician, People's Artist; person awarded one of the following types of Orders, Resistance Medals; fathers, mothers, wives, husbands, children of martyrs and people who have contributed to raising martyrs as children; children of heroic Vietnamese mothers; Fathers, mothers, wives, husbands, and children of people who have contributed to helping the revolution are awarded the Medal "For Merit to the Fatherland" or the Certificate "For Merit to the Country".

(3) People who are suffering from a serious illness or who are often sick but do not take care of themselves.

(4) When committing the crime, the person is under 18 years old, except for the case specified in Point 4, Article 3.

(5) People aged 70 years or older.

(6) Having a particularly difficult family situation and being the only worker in the family.

(7) Pregnant women or women with children under 36 months old who are staying with their mothers in prisons, detention centers, and detention houses.

(8) People with severe disabilities or particularly severe disabilities according to the provisions of the law on people with disabilities; people with difficulties in cognition and behavior control according to the provisions of civil law.

A person under 18 years old who is serving a prison sentence meets the conditions specified in Points a and g, Clause 1, Article 3, or a person under 18 years old who is temporarily suspended from serving a prison sentence meets the conditions stipulated in Point g, Clause 1, Points a and d, Clause 2, Article 3, can request amnesty when they have served at least one-third of the time or have served at least two-fifths of the time for cases of being sentenced to imprisonment for one of the crimes specified in Point b, Clause 1, Article 3 of Decision 1161/2021/QD-CTN.

Bao Ngoc

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE