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THE NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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Law No.
30/2018/QH14
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Hanoi, November
19, 2018
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LAW
ON PARDON
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Law on
Pardon.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law sets forth principles, time, procedures,
competence and responsibilities for grant of pardon; conditions for, rights and
obligations of, pardon petitioners and pardon recipients.
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1. Persons sentenced to termed imprisonment or life
imprisonment.
2. Agencies, organizations and citizens of the
Socialist Republic of Vietnam; foreigners residing in Vietnam, foreign
organizations and international organizations operating in the territory of the
Socialist Republic of Vietnam that are involved in pardon activities.
Article 3. Interpretation of
terms
For the purpose of this Law, these terms below
shall be construed as follows:
1. “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.
2. “decision on pardon” means a document
promulgated by the State President, stipulating the time of pardon, eligible
petitioners, eligibility requirements on the occasion of great national events
or holidays, and responsibilities of agencies and organizations in grant of
pardon.
3. “pardon decision” means the State
President’s decision on parole of termed prisoners or life prisoners.
4. “Pardon Advisory Council” means an
inter-branch organization composed of leader representatives of concerned
agencies and organizations, which is set up under the State President’s
decision to implement the State President’s decision on pardon and to advise
the State President on pardon activities.
5. “Inter-Branch Appraisal Group” means an
inter-branch organization, composed of representatives of relevant agencies and
organizations, which is set up by the Pardon Advisory Council to appraise the
list of pardon petitioners and their petition dossiers.
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1. Observing the Constitution and law and ensuring
the interests of the State and lawful rights and interests of organizations and
individuals.
2. Ensuring democracy, objectivity, fairness,
publicity and transparency.
3. Meeting the requirements on internal relations,
foreign relations, national security and social order and safety.
Article 5. Time of granting
pardon
1. The State President shall consider granting
pardon on the occasion of great national events and holidays.
2. The State President shall consider granting
pardon in exceptional cases to meet requirements pertaining to internal and
foreign affairs without regard to the time prescribed in Clause 1 hereof.
Article 6. State policies on
pardon
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.
Article 7. Prohibited acts in
grant of pardon
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2. Giving bribes, taking bribes, broking bribes, or
causing harassment in grant of pardon.
3. Issuing or certifying papers or documents
related to pardon petitioners in contravention of law.
4. Refusing to issue or certify papers or documents
which, as prescribed by law, are supposed to be issued to pardon petitioners.
5. Forging papers and documents in relation with
pardon petitioners.
Chapter II
PARDON ON THE OCCASION OF GREAT NATIONAL EVENTS OR
HOLIDAYS
SECTION 1. PROCEDURES FOR
SUBMITTING REPORTS TO THE STATE PRESIDENT FOR PROMULGATION AND ANNOUNCEMENT OF
DECISIONS ON PARDON; ESTABLISHMENT OF PARDON ADVISORY COUNCIL, INTER-BRANCH
APPRAISAL GROUP
Article 8. Procedures for
submitting reports to the State President for promulgation of decisions on
pardon
At the request of the State President or if its
pardon proposal is 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 in, studying and submitting reports to the
State President for consideration and promulgation of draft decisions on
pardon. The report on and draft decision on pardon must be submitted to the
State President at least 60 days before the pardon time in order for the State
President to consider granting such a decision.
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1. The Office of the State President shall take
charge and cooperate with relevant agencies in announcing the decision on
pardon as quickly as possible. The decision on pardon shall be publicized and
announced on the mass media.
2. After being publicized, the decision on pardon
shall be posted up at prisons or detention centers.
Article 10. Establishment of
Pardon Advisory Council, Inter-Branch Appraisal Group
1. The Pardon Advisory Council, set up under the
State President’s decision upon the issuance of decision on pardon, is composed
of a deputy prime minister as its chairman and representatives of leaderships
of the following agencies and organizations as its members:
a) the Supreme People’s Court;
b) the Supreme People’s Procuracy;
c) the Central Committee of the Vietnam Fatherland
Front;
d) the Ministry of Public Security;
dd) the Ministry of Defense;
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g) the Ministry of Foreign Affairs;
h) the Government Office;
l) the State President Office; and
k) concerned agencies and organizations, to be
decided by the State President when necessary.
2. The Standing board of the Pardon Advisory
Council is the Ministry of Public Security.
The Standing board of Pardon Advisory Council
assists the Pardon Advisory Council to take on responsibilities prescribed in
Article 35 hereof.
3. The Inter-Branch Appraisal Group established by
the Pardon Advisory Council is composed of representatives of the following:
a) the Supreme People’s Court;
b) the Supreme People’s Procuracy;
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d) the Ministry of Public Security;
dd) the Ministry of Defense;
e) the Ministry of Justice; and
g) concerned agencies and organizations, to be
decided by the Pardon Advisory Council when necessary.
SECTION 2. ELIGIBILITY
REQUIREMENTS, RIGHTS AND OBLIGATIONS OF PARDON PETITIONERS
Article 11. Eligibility
requirements
1. To be eligible for a pardon, a termed prisoner
or life prisoner already commuted to termed imprisonment shall fully meet the
following eligibility requirements:
a) He/she has made considerable progress in and had
a growing awareness of rehabilitation, and have been ranked as good or
excellent while serving his/her imprisonment sentence as prescribed in law on
criminal judgment enforcement;
b) He/she has served his/her imprisonment sentence
for a defined period of time decided by the State President which, however,
must represent at least one-third of his/her imprisonment term; if he/she
previously benefited commutation, the commutation duration shall not be
included in the duration he/she has served his/her imprisonment sentence; or at
least fourteen (14) years, for life imprisonment commuted to term imprisonment,
if he/she keep benefiting another commutation, such commutation duration shall
not be included in the duration he/she has served his/her imprisonment
sentence.
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c) He/she has completely served the additional
penalty of fine and has paid the court fee;
d) He/she has fulfilled obligation to return the
property or make restitution for the damage caused or other civil obligations
in a case where he/she was convicted of corruption offenses or other offenses
decided by the State President in every pardon;
dd) He/she has fulfilled a part of the obligation
to return the property or make restitution for the damage caused or other civil
obligations and the remaining part of obligation remains unfulfilled because of
his/her financial hardship in a case where he/she was convicted of offenses
other than those prescribed in Point d hereof.
He/she has obtained the consent of the judgment
creditor to suspension or non-request of judgment enforcement associated with
property that he/she has to return, make restitution or fulfill other civil
obligations and such property is not owned by the State.
e) Pardon granted to him/her does not cause
negative impact on security and order;
g) He/she does not fall under one of the cases
prescribed in Article 12 hereof.
2. A person whose imprisonment sentence has been
suspended may petition for a pardon if he/she fully meets following eligibility
requirements:
a) He/she has made considerable progress in and had
a growing awareness of rehabilitation, and has been ranked as good or excellent
while serving his imprisonment sentence before the decision on suspension is
issued;
b) He/she has served the imprisonment sentence as
prescribed in Point b Clause 1 hereof;
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d) He/she has strictly complied with laws and
regulations during the suspension of imprisonment sentence.
3. A person who fully meets requirements prescribed
in Points a, c, d, dd, e and g Clause 1, Points a, c and d Clause 2 hereof may
has his/her duration of having served their imprisonment sentences decided by
the State President shorter than that specified at Point b, Clause 1 of this
Article when falling in one of the following cases:
a) He/she has recorded exploits during the time of
serving their imprisonment sentences, with certification by the prison or
detention center, the criminal enforcement agency of district Public Security
or other competent authorities;
b) He/she is a person with meritorious services to
the revolution in accordance with law on incentives for people with meritorious
services to the revolution; he/she was awarded Brave Combatant title in the
Resistance War against the American Empire to Save the Nation; the Labor Hero
title, or Resistance-War Order or Medal; he/she is parent, spouse, or child of
revolutionary martyrs and has raised the martyrs at an early age; he/she is a
child of Vietnamese Heroic Mother; he/she is parent, spouse, or child of people
with meritorious services to the revolution and was awarded the medal "For
Merit to the Fatherland" or "For Merit to the Nation";
c) He/she has suffered from fatal diseases or
chronic ailments that he/she is unable to take care of himself/herself;
d) He/she is under 18 years of age when committing
the offense, except for the case prescribed in Clause 4 hereof;
dd) He/she is 70 years of age or older;
e) He/she lives in a severely disadvantaged family
and he/she is the only breadwinner in the family;
g) She is pregnant or has a child less than 36
months of age who is living with her in the prison or detention center;
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i) Other cases decided by the State President.
4. A person under 18 years of age who has served
the imprisonment and fully meets requirements prescribed in Points a and g
Clause 1 of this Article or a person under 18 years of age whose imprisonment
sentence has been suspended fully meets requirements prescribed in Point g
Clause 1, Points a and d Clause 2 of this Article may has his/her duration of
having served their imprisonment sentences decided by the State President
shorter than that specified at Point b, Clause 1 of this Article.
5. The Government shall provide guidance on this
Article.
Article 12. Persons not eligible
for pardon
Persons who fully meet the eligibility requirements
specified in Article 11 of this Law may not petition for pardon in the
following cases:
1. He/she is convicted of high treason; activities
against the people's government; espionage; infringement upon territory;
rebellion; terrorism to oppose the people's government; sabotaging facilities
of Socialist Republic of Vietnam; making, possessing, spreading information,
materials, items for the purpose of opposing the State of Socialist Republic of
Vietnam; disruption of security; disruption of detention facilities; terrorism
and one of offenses prescribed in the Chapter “Disturbing the peace, crimes
against humanity and war crimes” of the Criminal Code;
2. The whole or a part of court judgments or
rulings against him/her is being appealed according to cassation or reopening
review towards more severe criminal liability;
3. He/she is being examined for penal liability for
other criminal acts;
4. He/she was previously granted pardon;
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6. Other cases decided by the State President.
Article 13. Rights and
obligations of pardon petitioners
Pardon petitioners have rights and obligations to:
1. 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.
2. contact their relatives to collect papers and
documents necessary for the completion of the pardon petition dossiers.
3. request competent entities to issue or certify
papers and documents necessary for the completion of the pardon petition
dossiers.
4. 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.
5. lodge complaints or denunciations according to
the provisions of Chapter V of this Law.
SECTION 3. PROCEDURES FOR
PETITION FOR PARDON, GRANT OF PARDON DECISIONS
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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.
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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.
Article 15. Procedures for
making pardon petition dossiers and lists of eligible pardon petitioners
1. Promptly after a decision on pardon is
publicized and announced on means of mass media, prisons, detention centers,
criminal enforcement agencies of district Public Security shall post it up and
notify prisoners of such a decision.
Within 5 days from the date on which the decision
on pardon is posted up and notified, a termed prisoner or life prisoner already
commuted to termed prisoner prescribed in Article 11 and Article 12 of this Law
is entitled to make a petition for pardon.
2. Within 10 days from the date on which the
decision on pardon is posted up and notified, lists and dossiers of eligible
pardon petitioners are elaborated as follows:
a) The superintendent of a prison affiliated to the
Ministry of Public Security shall submit a list of eligible pardon petitioners
together with their dossiers to the Inter-Branch Appraisal Group;
b) The superintendent of a detention center
affiliated to the Ministry of Public Security shall submit a list of eligible
pardon petitioners together with their dossiers to the head of its superior
body, which are forwarded to the Inter-Branch Appraisal Group thereafter;
c) The superintendent of a detention center
affiliated to Provincial Public Security, the Head of criminal enforcement
agency of District Public Security shall submit a list of eligible pardon
petitioners together with their dossiers to the Head of criminal enforcement
agency of Provincial Public Security, which are forwarded to the Inter-Branch
Appraisal Group thereafter;
d) With regard to a convict who has been serving
the sentence in a prison, detention center, or criminal enforcement agency of
District Public Security and temporarily released for investigation,
prosecution, trial purposes but has not been prosecuted for other criminal
offenses, if he/she is fully eligible for a pardon, the Superintendent of the
prison or detention center or the Head of criminal enforcement agency of
District Public Security in charge of his/her original case file shall prepare
a petition for pardon for him/her. If the Superintendent of the detention
center or the Head of criminal enforcement agency of District Public Security
only receives the temporarily released person without managing his/her original
case file, the Superintendent or the Head shall cooperate with the agency in
charge of such original case file in preparing a petition for pardon;
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3. Within 15 days from the date on which the
decision on pardon is publicized or announced on the means of mass media, the
Chief Judge of People’s Court of province, the Chief Judge of Military Court of
military zone who has issued decisions on suspension of imprisonment sentence
shall notify this decision on pardon to those who have benefited these
suspension decisions, and then submit a list of eligible pardon petitioners
together with their dossiers to the Inter-Branch Appraisal Group.
If the person who has benefited an imprisonment
suspension has resided in a place beyond the administrative division of the
Court which issued such suspension decision, this Court shall notify the
People’s Court of district or military zone where such person resides of
including this person in the list of eligible pardon petitioners and preparing
the pardon petition dossier, and then submitting them to the Inter-Branch
Appraisal Group.
4. The superintendent of prison or detention
center, the Head of criminal enforcement agency of District Public Security,
the Chief Judge of Provincial People’s Court and the Chief Judge of Military
Court of military zone shall notify and post up the list of pardon petitioners.
5. Superintendents of prisons affiliated to the
Ministry of Public Security, the Ministry of National Defense, the Heads of
prison’s superior body affiliated to the Ministry of Public Security, the Head
of criminal enforcement agency of Provincial Public Security or military zone,
the Chief Judge of Provincial People’s Court and the Chief Judge of Military
Court of military zone shall notify the competent People’s Procuracy in writing
as prescribed in Article 30 of this Law of the list of eligible pardon
petitioners and their dossiers for examination before forwarding them to the
Inter-Branch Appraisal Group.
6. Superintendents of prisons affiliated to the
Ministry of Public Security, the Heads of prison’s superior body affiliated to
the Ministry of Public Security, the Head of criminal enforcement agency of
Provincial Public Security, the Head of criminal enforcement agency affiliated
to the Ministry of National Defense, the Chief Judge of Provincial People’s
Court and the Chief Judge of Military Court of military zone shall, according
to the appraisal result of the Inter-Branch Appraisal Group, prepare two
separate lists: a list of eligible pardon petitioners enclosed with their
dossiers and a list of ineligible pardon petitioners enclosed with their
dossiers, and then send them to the Standing Board of Pardon Advisory Council.
7. The Ministry of Public Security, the Ministry of
National Defense, the Supreme People’s Court, the Supreme People’s Procuracy,
within their tasks and powers, shall provide guidelines for this Article.
Article 16. Appraisal of
pardon petition dossier
1. The Inter-Branch Appraisal Group shall appraise
a list of eligible pardon petitioners and enclosed dossiers within 15 days from
the date on which they are sent from the competent entity prescribed in Clause
2 and Clause 3 Article 15 of this Law.
2. The Inter-Branch Appraisal Group shall make a
final appraisal report enclosed with a list of eligible pardon petitioners and
a list of ineligible pardon petitioners, and then send them to the competent
entity prescribed in Clause 2 and Clause 3 Article 15 of this Law to complete
the list of eligible pardon petitioners and their dossiers according to the
final appraisal report. These list and dossiers shall be forwarded to the
Standing Board of Pardon Advisory Council as prescribed in Clause 6 Article 15
of this Law.
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1. The Standing Board of Pardon Advisory Council
shall collect lists of eligible and ineligible pardon petitioners and their
dossiers made by the competent entities prescribed in Clause 6 Article 15 of
this Law according to the final appraisal report of the Inter-Branch Appraisal
Group, and then transfer the lists and petitions for pardon to members of the
Pardon Advisory Council for verification.
2. Members of Pardon Advisory Council shall verify
the lists and petitions for pardon; in necessary cases, the Standing Board of
Pardon Advisory Council may be required to provide explanation and additional
documents. The Standing Board of Pardon Advisory Council shall gather opinions
of members of the Pardon Advisory Council and present them to the Pardon
Advisory Council for consideration.
3. The Pardon Advisory Council shall consider the
lists and pardon petition dossiers presented by the Standing Board of Pardon
Advisory Council for approval; and then make a final list of eligible pardon petitioners
and send it and dossiers enclosed to the State President for consideration.
4. The State President Office shall examine the
list of eligible pardon petitioners and dossiers enclosed to the State
President and submit them to the State President for decision.
Article 18. Implementation of
pardon decisions
1. The Office of the State President shall take
charge and cooperate with relevant agencies in announcing pardon decisions. The
pardon decision shall be publicized and announced on the mass media.
The pardon decision and list of pardon recipients
shall be posted up at prisons, detention centers where the pardon recipients
have served their sentences and sent to the People’s Committee of commune or military
unit where they are going to reside or serve; if a pardon recipient has
benefited an imprisonment suspension, the People’s Committee of commune or
military unit in charge shall be notified in writing.
2. Superintendents of prisons, detention centers,
the Head of criminal enforcement agency of District Public Security, the Head
of criminal enforcement agency of military zone, the Chief Judge of Provincial
People’s Court and the Chief Judge of Military Court of military zone shall
announce and grant the pardon decision to pardon recipients.
3. Superintendents of prisons, detention centers
affiliated to the Ministry of Public Security, the Ministry of National
Defense; superintendents of detention centers affiliated to military zone shall
grant certificates of pardon to those having served their sentences in prisons,
detention centers that are offered pardon.
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The Head of criminal enforcement agency of military
zone shall grant certificates of pardon to those having served their sentences
in detention centers of military zone that are offered pardon.
The Chief Judge of People’s Court of Province, the
Chief Judge of Military Court of military zone shall grant certificates of
pardon to those having benefited imprisonment suspension that are offered
pardon.
4. Holders of certificates of pardon shall send
copies of these certificates to the National Center for Judicial Records, the
Court that issued the judgment enforcement decision, the agency in charge of
enforcement of additional penalties, the civil enforcement agency which issued
the certification of the judgment debtor’s incapacity to satisfy the judgment
debt, the criminal enforcement agency affiliated to District Public Security,
the People’s Committee of commune, military unit where the pardon recipient is
going to reside or serve, and the unit that receives the temporarily released
person.
If the place where the pardon recipient is going to
reside is not identifiable, the issuing agency of the certificate of pardon
shall contact with the People’s Committee of commune or military unit to
receive the pardon recipient and send a copy of certificate to that People's
Committee of commune or military unit.
Article 19. Grant of pardon
decisions to foreigners
1. Upon the grant of a pardon decision to foreigners,
the Ministry of Public Security or the Ministry of Defense shall take charge
and cooperate with the Ministry of Foreign Affairs in, notifying those
decisions to diplomatic missions or consulates of countries of which pardon
recipients are citizens for coordinated implementation of the pardon decision.
2. The Government shall provide guidance on this
Article.
Article 20. Rights and
obligations of pardon recipients
1. Pardon recipients have the rights:
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b) to be enabled and assisted by local
administrations and concerned agencies or organizations to integrate themselves
into their families and communities, have jobs and stabilize their lives;
c) to enjoy other rights like persons who have
completely served their imprisonment sentences in accordance with law.
2. Pardon recipients have the obligations:
a) to present pardon certificates to People’s
Committees of communes or military units they are going to reside or serve;
b) to fulfill all the committed obligations;
c) to strictly observe laws.
3. A foreign pardon recipient may exercise rights
prescribed in Point a and Point c Clause 1 of this Article and have to fulfill
obligations prescribed in Point b and Point c Clause 2 of this Article.
Article 21. Guidance on pardon
petition dossiers, procedures for making lists of eligible pardon petitioners
and dossiers thereof
1. The Government shall provide guidance on pardon
petition dossiers, procedures for making lists of eligible pardon petitioners and
dossiers thereof and implementation of decisions on pardon.
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Chapter III
PARDON IN SPECIAL CASES
Article 22. Persons granted
pardon in special cases
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 this Law.
Article 23. Procedures for
making pardon petition dossiers in special cases
1. 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.
2. 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.
3. The State President Office shall examine
dossiers of eligible pardon petitioners and submit them to the State President
for decision.
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1. 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.
2. The implementation of the pardon decisions for
foreigners in special cases complies with Article 19 of this Law.
3. Persons granted pardon in special cases have the
rights and obligations defined in Article 20 of this Law.
Chapter IV
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN GRANT
OF PARDON
Article 25. Responsibilities
of the Government
1. Request the State President to grant pardon on
the occasion of great national events and holidays or in special cases.
2. Direct the propagation and dissemination of the
significance, purposes and contents of pardon activities.
3. Direct the Ministry of Public Security, the
Ministry of Defense, other governmental agencies and People’s Committees to
effect the pardon in accordance with this Law.
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1. Examine the list of eligible pardon petitioners
and dossiers enclosed submitted by the Pardon Advisory Council or the
Government and forward them to the State President for decision.
2. Take charge and cooperate with relevant agencies
in announcing decisions on pardon, pardon decisions.
3. Perform other pardon-related tasks assigned by
the State President.
Article 27. Responsibilities
of the Ministry of Public Security
1. Take charge and cooperate with the Supreme
People’s Court, the Supreme People’s Procuracy, the Central Committee of the
Vietnam Fatherland Front, the Ministry of Justice and concerned agencies in,
inspecting pardon activities in prisons and detention centers, and criminal
enforcement agencies affiliated to provincial or district Public Security.
2. Guide, inspect and urge superintendents of
prisons and detention centers affiliated to the Ministry of Public Security and
the heads of criminal enforcement agencies affiliated to provincial Public
Security to make lists of pardon petitioners and dossiers thereof and implement
decisions on pardon and pardon decisions in accordance with this Law.
3. Direct Public Security bodies to coordinate with
concerned agencies or organizations in managing, educating and helping pardon
recipients who return to their localities, integrate into the community,
stabilize their life soon, and preventing them from relapsing into illegal
acts.
Article 28. Responsibilities
of the Ministry of Defense
Guide, inspect and urge superintendents of prisons
and detention centers affiliated to the Ministry of National Defense and the
heads of criminal enforcement agencies of military zone to make lists of pardon
petitioners and dossiers thereof and implement decisions on pardon and pardon
decisions in accordance with this Law.
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1. Coordinate with the Government, the Supreme
People’s Procuracy, the Central Committee of Vietnamese Fatherland Front, the
Ministry of Public Security, the Ministry of Defense, the Ministry of Justice
and concerned agencies and organizations in pardon activities.
2. Guide, inspect and urge People’s Courts of
provinces and districts, Military Courts of military zones and regions to make
lists of pardon petitioners and dossiers thereof and effect the decisions on
pardon, pardon decisions in accordance with this Law.
Article 30. Responsibilities
of the Supreme People’s Procuracy
1. Directly examine the preparation of pardon
petition dossiers and the implementation of the pardon decisions at prisons and
detention centers affiliated to Ministry of Public Security or the Ministry of
Defense in accordance with Clause 1, Points a, b and dd Clause 2, Clause 4
Article 15, and Article 18 of this Law. Directly examine the preparation of
pardon petition dossiers and the implementation of the pardon decisions at
detention centers affiliated to Provincial Public Security, detention centers
of military zone, criminal enforcement agencies affiliated to Provincial Public
Security, Provincial People’s Courts, Military Courts of military zones under
competence of the Provincial People’s Procuracy, Military Procuracy of military
zones as prescribed in Clause 2 of this Article.
2. Guide, inspect and urge provincial People’s
Procuracies, Military Procuracies of military zones or equivalent levels to
examine the preparation of pardon petition dossiers and the implementation of
pardon decisions at detention centers under provincial Public Security,
military zones, criminal enforcement agencies of provincial Public Security, provincial
People’s Courts, Military Courts of military zones in accordance with Clauses 1
and 2, Article 15, and Article 18 of this Law.
3. Exercise and provide guidance on exercising of
the rights to request upon examination of preparation of pardon petition
dossiers, implementation of pardon decision; examine handling of complaints as
prescribed in Article 37 of this Law.
Article 31. Responsibilities
of the Ministry of Justice
1. Direct civil enforcement agencies to cooperate
with prisons, detention centers, criminal enforcement agencies affiliated to
provincial, district Public Security, criminal enforcement agencies of military
zones, People’s Courts of provinces and districts, Military Courts of zones and
regions, the People’s Procuracies of provinces or districts, the Military
Procuracies of military zones and regions in:
a) Providing information and documents related to
obligations to civil matters in the criminal judgment of eligible pardon
petitioners;
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2. Cooperate with the Supreme People’s Court, the
Supreme People’s Procuracy, the Central Committee of Vietnamese Fatherland
Front, the Ministry of Public Security, the Ministry of National Defense and
other agencies and organizations in carrying out other pardon-related
activities in accordance with this Law.
Article 32. Responsibilities
of the Ministry of Foreign Affairs
1. Propose the Government to request the State
President to consider granting pardon to entities prescribed in Article 22 of
this Law being foreigners as prescribed in Article 23 of this Law.
2. Cooperate with the Ministry of Public Security,
the Ministry of National Defense and relevant Ministries and agencies in
propagating foreign affairs about pardon activities; in implementing pardon
decisions for pardon recipients being foreigners and carrying out other
pardon-related activities as prescribed in this Law.
Article 33. Responsibilities
of People’s Committees and concerned agencies and organizations
1. Propagate, raise public awareness of legal
regulations on pardon, decisions on pardon.
2. Supply information and documents on personal
backgrounds; grant certificates to, or certify the observance of policies and
law soft, family circumstances, other necessary papers or documents of eligible
pardon petitioners.
3. Receive, enable and help pardon recipients
reintegrate into their families and communities, have jobs, stabilize their
life and become citizens useful for society, prevent them from relapsing into
illegal acts.
4. The Government shall provide guidance on Clause
3 of this Article.
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1. Cooperate with related agencies and
organizations in propagating and raising legal knowledge of pardon and
decisions on pardon.
2. Cooperate with local administrations in helping
pardon recipients reintegrate into their families and communities, have jobs,
stabilize their life and become citizens useful for society, prevent them from
relapsing into illegal acts.
3. Supervise the implementation of laws and
regulations on pardon as per the law.
Article 35. Responsibilities
of the Pardon Advisory Council
1. Implement decisions on pardon.
2. Verify and approve pardon petition dossiers,
lists of eligible and ineligible pardon petitioners submitted by the Standing
Board of Pardon Advisory Council.
3. Make a final list of eligible pardon petitioners
and send it to the State President for consideration and decision.
4. Perform other pardon-related tasks assigned by
the State President.
Chapter V
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Article 36. Complaints about
lists of eligible pardon petitioners on the occasion of great national events
or holidays
1. Pardon petitioner may lodge complaints about
non-inclusion of their names in lists of pardon petitioners despite their
eligibility by superintendents of prisons or detention centers under the
Ministry of Public Security or the Ministry of Defense, the heads of provincial
Public Security, the heads of criminal enforcement agencies of military zones,
the Chief Judge of People’s Courts of provinces, the Chief Judge of Military
Courts of military zones.
2. Complainants may lodge complaints by themselves
or through their representatives to the competent entities prescribed in Clause
1 Article 37 of this Law.
3. The time limit for lodging complaints is five
working days from the date on which the lists of eligible pardon petitioners is
announced and posted up as prescribed in Clause 4 Article 15 of this Law.
Article 37. Complaint
settlement competence and time limit
1. Superintendents of prisons or detention centers
affiliated to the Ministry of National Defense, the heads of prison’s superior
bodies affiliated to the Ministry of Public Security, the heads of provincial
Public Security, the heads of criminal enforcement agencies of military zones,
the Chief Judge of People’s Courts of provinces, the Chief Judge of Military
Courts of military zones shall consider and settle complaints within 05 days
after receiving them.
The complaint handling decision must be promptly
sent to the complainant and the People’s Procuracy which examined the preparation
of list of eligible pardon petitioners and dossiers thereof in accordance with
this Law.
2. If disagreeing with complaint settlement
decisions of the competent persons prescribed in Clause 1 of this Article,
within 05 days after receiving the decisions, the complainants may further
lodge their complaints to the Minister of Public Security or the Minister of
Defense, the Chief Justice of the Supreme People’s Court; the People’s
Procuracy prescribed in Clause 1 of this Article may send a proposal to the
Minister of Public Security, the Minister of National Defense, the Chief
Justice of the Supreme People’s Court.
Within 05 days from the receipt of a complaint, the
Minister of Public Security, the Minister of National Defense, the Chief
Justice of the Supreme People’s Court must deal with it, if the complaint is
accepted, the eligible pardon petitioner shall be included in the equivalent
list; if the complaint is rejected, the ineligible pardon petitioner shall be
included in the equivalent list; and give a written notice to the complainant
and the People’s Procuracy.
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Individuals may denounce law violations in grant of
pardon. Denunciations against law violations in grant of pardon shall be
settled in accordance with the law on denunciations.
Chapter VI
IMPLEMENTATION
Article 39. Entry in force
1. This Law comes into force as of July 1, 2019.
2. The Law on Pardon No. 07/2007/QH12 ceases to
have effect from the effective date of this Law.
This Law is passed by the 14th National Assembly
of Socialist Republic of Vietnam during the 6th session on November 19, 2018.
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