What must be included in the pardon petition dossier in Vietnam?

What is pardon?

Pursuant to the Law on Pardon 2018, 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.

The State encourages prisoners to show repentance and actively participate in rehabilitation study and labor in order to be granted pardon; and enable pardon recipients to integrate into community, stabilize their lives and strive to become citizens useful for society, prevent recidivism and other legal violations.

Principles for grant of pardon include:

- Observing the Constitution and law and ensuring the interests of the State and lawful rights and interests of organizations and individuals.

- Ensuring democracy, objectivity, fairness, publicity and transparency.

- Meeting the requirements on internal relations, foreign relations, national security and social order and safety.

What must be included in the pardon petition dossier in Vietnam? (Internet image)

What must be included in the pardon petition dossier in Vietnam?

Pursuant to Article 14 of the Law on Pardon 2018, the amnesty application documents include:

(1) A petition for pardon.

(2) Documents evidencing the personal backgrounds and family circumstances of the pardon petitioner.

(3) Documents evidencing the completion of additional penalty of fine and full payment of the court fee. A decision made by the competent court in case of exemption from the fine or court fee.

A convict of offense prescribed in Point d Clause 1 Article 11 of this Law must have proof of complete fulfillment of the obligation to return the property or make restitution, or of other civil obligations.

A person in the case prescribed in Point dd Clause 1 Article 11 of this Law must give proof that he/she has completely fulfilled the obligation or has partly fulfilled the obligation to return the property or make restitution or other civil obligations and has obtained a decision made by the civil judgment enforcement agency certifying judgment debtor’s incapacity to satisfy the judgment debt. If the judgment creditor consents to the judgment enforcement suspension or gives no request for judgment enforcement associated with the property not owned by the state, such consent must be made in writing with certification of the competent authority.

A person in the case prescribed in Point c Clause 3 Article 11 of this Law must obtain a conclusion of the Medical Examination Council, or at least a provincial-level or military-zone hospital.

A person in the case prescribed in Point e Clause 3 Article 11 of this Law must obtain a certification of the People’s Committee of commune where his/her family is residing.

A person in the case prescribed in Point h Clause 3 Article 11 of this Law must obtain a certificate of disability issued by the People’s Committee of commune where he/she resides; or a decision issued by the competent court, declaring that he/she has difficulties in perception and behavior control.

(4) A commitment not to violate law and to continue to completely serve the additional penalties being fines or restitution, fulfill obligation to return the property or fulfill other civil obligations after being granted pardon.

(5) A petition for pardon made by the superintendent of the prison or detention center affiliated to the Ministry of Public Security, the Ministry of National Defense, the head of criminal judgment enforcement agency affiliated to provincial Public Security, the head of criminal judgment enforcement agency of military zone.

If a person petitions for a pardon and his/her imprisonment sentence has been suspended, he/she must obtain a petition for pardon made by the People’s Court of province, the Military Court of military zone and appraisal of the People’s Committee of commune, military unit in charge if he/she has strictly complied with laws and regulations during such suspension period.

Mai Thanh Loi

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