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

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

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 assessing the pardon petition dossier in Vietnam

Regulations on assessing the pardon petition dossier in Vietnam according to Article 8 of Decree 52/2019/ND-CP are as follows:

- The Interdisciplinary Assessment Group shall directly contact the Supervisors of the prisons, the detention centers under the supervision of Ministry of Public Security, the Chairmen of the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security, the Chairmen of the criminal judgement enforcement authorities affiliated to the Ministry of National Defense, the Chief Justice of the provincial People’s Court, Chief Justice of the People’s Court of the military region to receive the reports on the results of the pardon petition and the assessment of dossier, lists of individuals eligible for pardon.

- When assessing the dossier, the lists of individuals eligible for pardon, the members of the interdisciplinary assessment group must compare the information in the pardon petition with that in the original dossier of the convicts sentenced to termed imprisonment, life imprisonment reduced to termed imprisonment and the dossier of the convicts suspended from imprisonment to ensure accuracy and precision.

- After assessing the dossier, the members of the Interdisciplinary Assessment Group must specify in the Interdisciplinary Assessment Group’s comment section in the pardon petition. If the convicts are ineligible for pardon, the reasons must be specified.

Should the situation gets complicated or requires serious consideration, the members of the Interdisciplinary Assessment Group must report and present to the Interdisciplinary Assessment Group so as to unify the decisions. If the group fail to reach a consensus on the decision, the members must vote and specify the number of votes for and against the decision to pardon in the Interdisciplinary Assessment Group’s comment section in the pardon petition.

3. Pardon petition dossier in Vietnam

According to Article 5 of Decree 52/2019/ND-CP, the pardon petition dossier consists of documents, files prescribed in Article 14 of the Law on Pardon 2018. To be specific:

- Pardon petition dossier of the convicts should follow the sample issued by the Pardon Advisory Council in every pardon session.

- The convicts’ commitment not to violate the law, to fulfill the obligations of returning the property, restitution for the damage caused, other civil obligations if they are unfinished and serve additional penalties (if any) should follow the sample issued by the Pardon Advisory Council such as: Prohibition from holding certain positions or doing certain works; prohibition from residence; mandatory supervision; deprivation of certain citizenship rights; confiscation of property; expulsion.

- If the convicts are considered to have recorded exploits during their time serving the imprisonment sentences; to be people with meritorious services to the revolution and/or their close relatives; to suffer from fatal diseases, chronic ailments that they are unable to live on their own; to be under 18 years of age when committing the offenses or when serving the imprisonment sentences; to be 70 years of age or older; to be pregnant or to have children less than 36 months of age living together in the prisons, the detention centers, the detention houses; to live in severely disadvantaged families and to be the only breadwinner of the families; to be marked severely disabled or very severely disabled; to have limited recognition or behavior control, they must have the following certifying documents for each case:

+ Reports on the exploits of the convicts; proposal on paper for reward for the convicts' deeds by the wardens of the prisons, the detention centers, the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security or investigating authorities who employed the convicts to assist the investigations; confirmations or copies of the decision on rewarding the convicts for having recorded exploits during their time serving the imprisonment sentences granted by the Supervisors of the prisons, the detention centers, the Chairman of the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security or the investigating authorities who employed the convicts to assist the investigations;

+ Papers certifying the convicts to be the people with meritorious services to the revolution according to regulations and law on the people with meritorious services to the revolution; copies of the decision on granting the title of Hero of Labor, Brave Combatant in the Resistance War against the American Empire to Save the Nation; copies of the Resistance-War Order or Medal.

If the convicts are parents, spouse, children of the revolutionary martyrs, of the people with meritorious services to the revolution who were awarded with the Medal of “For Merit to the Fatherland” or “For Merit to the Nation” or have raised the martyrs at an early age, they must have confirmations or copies of the documentary evidences certified by the Commune-level People’s Committee of the place where the convicts lived or worked, studied before committing the offenses. If the convicts are legal adopted parents, children of the martyrs, of the people with meritorious services to the revolution who were awarded with the Medal of “For Merit to the Fatherland” or “For Merit to the Nation” or are legal adopted children of the “Vietnamese Heroic Mother”, they must have the copies of the Adoption Cerificate issued by the Commune-level People’s Committee of where the convicts lived, where the martyrs lived before passing away or where the Vietnamese Heroic Mother lives.

+ Conclusion of the Medical Examination Council or copies of the medical records, conclusion of the hospitals of the provinces, military regions or higher that the convicts are suffering from fatal diseases, chronic ailments or pregnant;

Papers certifying the convicts are suffering from fatal diseases or chronic ailments are only valid within 06 months until the day in which the Pardon Advisory Council of the prisons, detention centers, criminal judgement enforcement authorities affiliated to the District divisions of the Public Security hold meetings to consider, file the pardon petition dossier;

+ Copies of the birth certificate or of the judgements for the convicts committing the offenses, serving the imprisonment sentences are under 18 years of age, for the convicts with 70 years of age or older;

+ Copies of the birth certificates to determine whether the convicts are women with children under 36 months of age staying together in the prisons, the detention centers, the detention houses;

+ Copies of the Severe Impairment, Very Severe Impairment Certificates issued by the Commune-level People’s Committee of where the convicts lived before the judgement enforcement or before serving the imprisonment sentences; copies of the Decision of the competent Court on the convicts having limited recognition or behavior control according to regulations and law of the Civil Code;

+ Documents of the competent civil judgement enforcement authorities confirming the convicts have fulfilled a part of the obligations to return the property, to make restitution for the damage caused and other civil obligations according to the judgement, judicial decisions but financial hardships prevent them from fulfilling the remain obligations in compliance with regulations and law on civil judgement enforcement and decision on the inability to to satisfy the judgement debt.

- The original or copies of the documents, papers confirming the convicts have satisfied additional penalties such as fines, court fees, returing the property, restitution for the damage caused, other civil obligations such as: Receipts, bills, documents confirming these activities or the Decision to exempt the convicts from fines, court fees of the Court, the Decision to suspend judgement enforcement of the Chairmen of the competent civil judgement enforcement authorities or written agreement of the judgement creditors or their legitimate representatives on not having to fulfill the obligations to return the property, make restitution for the damage caused, other civil obligations as specified in the judgements, judicial decisions must be certified by the Commune-level People’s Committee of the residence or the civil judgement enforcement authorities currently on the case or other documents, papers regarding this matter.

- The original or copies of the agreement of the judgement creditors on allowing the convicts to suspend or be exempt from satisfying the obligations to return the property, make restitution for the damage caused, other civil obligations for property that does not belong to the State.

- If the convicts are foreigners, they must have copies of the Passports or license of international travel and visas (if any).

- Written pardon petition of the Pardon Advisory Council of the prisons, the detention centers, the criminal judgement enforcement authorities affiliated to the District divisions of the Public Security, the Provincial People’s Court or Military Courts of Vietnam of military region level shall follow the sample issued by the Pardon Advisory Council in every pardon session.

- For the convicts who are suspended from imprisonment sentences, apart from documents specified in Clause 1, 2, 3 ,4 ,5 ,6 ,7 of Article 5 of Decree 52/2019/ND-CP, other necessary documents are the decision to suspend the imprisonment sentences; written comments of the Commune-level People’s Committee, military units in charge of overseeing the convicts’ compliance with regulations and law during the suspension period.

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