Procedures for making pardon petition dossiers in special cases in Vietnam

Procedures for making pardon petition dossiers in special cases in Vietnam (Internet image)

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

1. Procedures for making pardon petition dossiers in special cases in Vietnam

Procedures for making pardon petition dossiers in special cases in Vietnam according to Article 23 of the Law on Pardon 2018 are as follows:

- At the State Presidents request or the Governments pardon petition accepted by the State President, the Government shall take charge and cooperate with the Supreme People’s Court, the Supreme People’s Procuracy and concerned agencies or organizations in. making dossiers of pardon petitioners and submit them to the State President for consideration and decision.

- The Ministry of Public Security shall prepare pardon petition dossiers for termed prisoners and life prisoners and send them to the Government; the Government shall then forward them to the State President for consideration.

The Supreme People’s Court shall prepare pardon petition dossiers for those who have benefited imprisonment delay or suspension and send them to the Government; the Government shall then forward them to the State President for consideration.

- The State President Office shall examine dossiers of eligible pardon petitioners and submit them to the State President for decision.

2. Regulations on implementation of pardon decisions in Vietnam

Regulations on implementation of pardon decisions in Vietnam according to Article 18 of the Law on Pardon 2018 are as follows:

- The Office of the State President shall take charge and cooperate with relevant agencies in announcing pardon decisions. The pardon decision shall be publicized and announced on the mass media.

The pardon decision and list of pardon recipients shall be posted up at prisons, detention centers where the pardon recipients have served their sentences and sent to the People’s Committee of commune or military unit where they are going to reside or serve; if a pardon recipient has benefited an imprisonment suspension, the People’s Committee of commune or military unit in charge shall be notified in writing.

- Superintendents of prisons, detention centers, the Head of criminal enforcement agency of District Public Security, the Head of criminal enforcement agency of military zone, the Chief Judge of Provincial People’s Court and the Chief Judge of Military Court of military zone shall announce and grant the pardon decision to pardon recipients.

- Superintendents of prisons, detention centers affiliated to the Ministry of Public Security, the Ministry of National Defense; superintendents of detention centers affiliated to military zone shall grant certificates of pardon to those having served their sentences in prisons, detention centers that are offered pardon.

The Head of criminal enforcement agency of Provincial Public Security shall grant certificates of pardon to those having served their sentences in detention centers of Provincial Public Security, detention centers of District Public Security who are offered pardon.

The Head of criminal enforcement agency of military zone shall grant certificates of pardon to those having served their sentences in detention centers of military zone that are offered pardon.

The Chief Judge of People’s Court of Province, the Chief Judge of Military Court of military zone shall grant certificates of pardon to those having benefited imprisonment suspension that are offered pardon.

- Holders of certificates of pardon shall send copies of these certificates to the National Center for Judicial Records, the Court that issued the judgment enforcement decision, the agency in charge of enforcement of additional penalties, the civil enforcement agency which issued the certification of the judgment debtor’s incapacity to satisfy the judgment debt, the criminal enforcement agency affiliated to District Public Security, the People’s Committee of commune, military unit where the pardon recipient is going to reside or serve, and the unit that receives the temporarily released person.

If the place where the pardon recipient is going to reside is not identifiable, the issuing agency of the certificate of pardon shall contact with the People’s Committee of commune or military unit to receive the pardon recipient and send a copy of certificate to that People's Committee of commune or military unit.

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