What are the cases of commutation of sentence in Vietnam?

What are the cases of commutation of sentence in Vietnam? (Internet image)

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

1. What are the cases of commutation of sentence in Vietnam? 

According to Article 63 of the Penal Code 2015, cases of commutation of sentence in Vietnam include:

(i) If a person who is sentenced to community sentence, determinate imprisonment or life imprisonment has served the sentence for a sufficient period of time, shows improvements and has fulfilled part of the civil liability, the Court, at the request of a competent criminal sentence execution authority, might issue a decision on commutation of the sentence.

The convict must serve the sentence for a sufficient period of time which is one third of the duration of community sentence or determinate imprisonment or 12 years of the life sentence.

(ii) A person might receive more than one commutation. Nevertheless, at least half of the sentence must be served.

The first commutation of a life sentence shall be 30-year imprisonment. Nevertheless, a life sentence must be served for at least 20 years in reality regardless of the number of commutations.

(iii) If a person is convicted of multiple crimes and the sentence for one of which is life imprisonment, the Court may only give the first commutation to 30-year imprisonment after the convict has served the sentence for 15 years. Nevertheless, he/she must serve the sentence for at least 25 years in reality regardless of the number of commutations.

(iv) If a person who has received a commutation commits a new crime that is less serious, the Court may only give the first commutation after he/she has served haft of the combined sentence.

(v) If a person who has received a commutation commits a new crime that is serious, very serious or extremely serious, the Court may only give the first commutation after he/she has served two thirds of the combined sentence. If the combined sentence is life, commutation shall be considered in accordance with Clause (iii)

(vi) With regard a person who is sentenced to death and receives a commutation or a person sentenced to death in the circumstances specified in Point b or Point c Clause 3 Article 40 of the Penal Code 2015, the first commutation may only be given after the convict has served the sentence for 25 years. Nevertheless, he/she must serve the sentence for at least 30 years in reality.

In addition, the Court may consider giving a commutation sooner or at a greater degree than those set out above if the convict deserves further leniency

+ He/she has made reparation in an effort to atone for the crime,

+ He/she is too old and weak or has a fatal disease

Thus, criminals serving prison sentences may receive commutation when they meet the above conditions.

(Article 64 of the Penal Code 2015)

2. What are cases of deferred imprisonment sentence in Vietnam?

- A person sentenced to imprisonment (the convict) might have the sentence deferred in the following cases:

+ A convict suffering from a serious disease may have the sentence deferred until he/she recovers;

+ A convict who is a pregnant woman or raising a child under 36 months of age may have the sentence deferred until the child reaches the age of 36 months;

+ If the convict is the sole source of income in the family and his/her imprisonment causes his/her family to face extreme hardship, he/she may have the sentence deferred for up to 01 year, unless he/she commits a crime against national security, a very serious crime or extremely serious crime;

+ A person convicted of a less serious crime may have the sentence deferred for up to 01 year if required by his/her official duties.

- During the deferment, if the convict commits a new crime, the Court shall require him/her to serve a sentence which is a combination of the deferred sentence and the new sentence as prescribed in Article 56 f the Penal Code 2015.

(Article 67 of the Penal Code 2015)

Nguyen Ngoc Que Anh

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