Procedures of filing, listing the individuals eligible for pardon in Vietnam

Procedures of filing, listing the individuals eligible for pardon in Vietnam (Internet image) 

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

1. Procedures of filing, listing the individuals eligible for pardon in Vietnam

Procedures of filing, listing the individuals eligible for pardon in Vietnam according to Article 7 of Decree 52/2019/ND-CP are as follows:

- Within 05 days from the day in which the Decision to pardon is made and publicized, the Supervisors of the prisons, the detention houses, the Chairmen of the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security must facilitate the convicts’ writing of the Pardon petition and the Commitment.

- After receiving the Pardon Petition, the Supervisors of the prisons, the detention centers, the Chairmen of the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security to allow groups of inmates (if any) to hold meetings to elect, cast ballots, introduce the convicts who request the pardon petition. The wardens overseeing the groups of inmates are responsible for reporting the meetings’ results and proposing ideas on pardoning the convicts under their supervision.

- Based on the regulations and law on pardon, the Decision on pardon and the results of inmates’ meetings, the Supervisors of the prisons, detention centers, the Chairmen of the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security shall file and list the individuals eligible for pardon.

2. Regulations on grant of pardon decisions to foreigners in Vietnam

Regulations on grant of pardon decisions to foreigners according to Article 6 of Decree 52/2019/ND-CP are as follows:

- Upon pardon decisions for foreigners are made, the criminal judgement enforcement managing authorities affiliated to the Ministry of Public Security, the Ministry of National Defense must take charge and cooperate with the Department for Consular Affairs, the Ministry of Foreign Affairs to promptly inform and request cooperation in the pardon decision with the diplomatic mission, consular mission of the country where the pardoned are citizens.

- After the pardon decision is granted, the prisons, the detention centers, the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security must free the foreigners according to the pardon decision and inform the Department for Consular Affairs, Ministry of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs to inform diplomatic mission, embassy of the countries where the foreigners live.

- The pardoned foreigners during their time waiting for the exit visa procedures according to regulations and law on entry, exit, transit of foreigners in Vietnam will be permitted to reside by the Chairmen of the civil judgement enforcement managing authorities under the supervision of the Ministry of Public Security, the Ministry of National Defense.

The decision on the pardoned foreigners reside will be sent to the Department of Consular Affairds, the Ministry of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs to inform the diplomatic mission, consular mission of the country where the pardoned live and implement at once.

- The prisons, the detention centers, the criminal judgement enforcement authorities affiliated to the Ministry of Public Security are responsible for transferring the pardoned foreigners to the accommodations according to regulations and law on execution of criminal judgement and the decision on the pardoned foreigners’ residence.

- The management and handling of pardoned foreign residents shall follow regulations on the management and handling of foreign residents waiting for their exit as specified in the law on criminal judgement enforcement.

- When the customs procedures have been fulfilled, the criminal judgement enforcement managing authorities affiliated to the Ministry of Public Security, the Ministry of National Defense must take charge and cooperate with the Department of Consular Affairs, the Ministry of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs to inform and propose cooperation with the embassy of the pardoned’s country.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE