What is pardon? Regulations on pardon in special cases in Vietnam

What is pardon? Regulations on pardon in special cases in Vietnam (Internet image)

1. What is pardon?

Pardon means a special clemency granted by the State, under the State Presidents decisions on parole of termed prisoners or life prisoners on the occasion of great national events or holidays, or in special cases.

(Clause 1, Article 3 of Law on Pardon 2018)

2. Regulations on pardon in special cases in Vietnam

2.1. Persons granted pardon in special cases in Vietnam

In special cases, in order to meet the States domestic and foreign relation requirements, the State President may decide to grant pardon to termed prisoners or life prisoners who are serving imprisonment sentences or persons eligible for postponement of or suspension from serving their imprisonment sentences, regardless of whether they satisfy the conditions specified in Articles 11 and 12 of the Law on Pardon 2018.

(Article 22 of the Law on Pardon 2018)

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

- 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.

(Article 23 of the Law on Pardon 2018)

2.3. Implementation of pardon decisions in special cases in Vietnam

- The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their tasks and powers, implement the pardon decisions in special cases.

- The implementation of the pardon decisions for foreigners in special cases complies with Article 19 of the Law on Pardon 2018.

- Persons granted pardon in special cases have the rights and obligations defined in Article 20 of the Law on Pardon 2018.

(Article 24 of the Law on Pardon 2018)

3. Rights and obligations of pardon petitioners in Vietnam

Pardon petitioners have rights and obligations to:

- Keep informed of policies and laws on pardon, the State Presidents decisions on pardon, competent agencies guiding documents on eligibility requirements for pardon petitioners, and other pardon information relevant to them.

- Contact their relatives to collect papers and documents necessary for the completion of the pardon petition dossiers.

- Request competent entities to issue or certify papers and documents necessary for the completion of the pardon petition dossiers.

- Submit papers and documents at the request of authorities competent to petition for pardon; declare their truthful and adequate personal information in relation with the petitions for pardon.

- Lodge complaints or denunciations according to the provisions of Chapter V of the Law on Pardon 2018.

(Article 13 of the Law on Pardon 2018)

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