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The Government
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 52/2019/ND-CP
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Hanoi, 14th of
June, 2019
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DECREE
PROVISIONS ON THE ELABORATION OF A NUMBER OF
ARTICLES OF THE LAW ON PARDON
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to Law on Pardon dated November 19,
2018;
At the request of the Minister of Public
Security;
The Government promulgates the Decree on the
elaboration of a number of Articles of the Law on Pardon.
Chapter I
GENERAL PROVISIONS
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This Decree elaborates Article 11, Article 19,
Clause 1 Article 21 of the Law on Pardon on the implementation of the Decision
on pardon, conditions, pardon petition, implementation of the pardon decision
to foreigners, procedures for listing the eligible pardon petitioners and the
pardon petition assessment.
Article 2. Regulated entities
1. Persons sentenced to termed
imprisonment, or life imprisonment reduced to termed imprisonment, or suspended
from imprisonment (hereinafter referred to as “convicts”).
2. Agencies, organizations,
citizens of the Socialist Republic of Vietnam; foreigners stay in Vietnam,
foreign organizations, international organizations operating in the Socialist
Republic of Vietnam related to the pardon.
Chapter II
SPECIFIC
PROVISIONS
Article3. Implementation of the
Decision on pardon
When the President issues a Decision on pardon and
a Decision on the establishment of the Pardon Advisory Council, the Ministry of
Public Security takes charge and cooperates with the Ministry of National
Defense, the Supreme People’s Court, the People’s Supreme Procuracy and other
related agencies to assist the Government, the Pardon Advisory Council in the
implementation of the Decision on pardon, the Decision on establishing the
Pardon Advisory Council.
Article 4. Requirements of the
pardon petitioners
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2. The convicts who are
considered to have fulfilled the obligations to return the property or
the restitution for the damage caused or other civil obligations
specified in Point đ Clause 1 Article 11 of the Law on Pardon are those who
have satisfied one of the following:
a) The fulfillment of the obligations to return the
property, the restitution for the damage caused or other civil obligations as
prescribed by the sentence and/or by the judicial decisions;
b) The decision to suspend the sentence by the
competent Chairman of the civil judgement enforcement authority;
c) A request submitted by the judgement creditors
or the legitimate representatives of the judgement creditors on not having to
fulfill the obligations to return the property, the restitution for the damage
caused or other civil obligations as prescribed by the sentence and/or judicial
decisions. This applies to the property that does not belong to the State.
3. The convicts who are
considered to have fulfilled a part of the obligations to return the property,
restitution for the damage caused or other civil obligations and the remaining
part of the obligations remain unfulfilled because of their financial hardship
are those whose selves and families lack the assets for judgement execution or
possess assets that are only adequate for the payment for the expenses for
coercive judgement enforcement or possess assets that by law cannot be
distrained or processed for judgement execution and lack the income or incomes
that only guarantee living wage for the judgement debtors and/or those who they
are obliged to take care of.
4. The convicts who are
considered to have recorded exploits during their time serving the imprisonment
sentences as specified in Point a Clause 3 Article 11 of the Law on Pardon are
those who have satisfied one of the following:
a) Assisting the prisons, the detention centers,
the criminal judgement enforcement authorities affiliated to the District
divisions of the Public Security, the competent authorities in the crimial
procedure, the discovery, the investigation, the taking of actions against the
criminals;
b) Saving other people’s lives or recovering
considerable assets (50 million Dongs or higher in value) of the State, the
body, the citizens during catastrophes, fires;
c) Coming up with brilliant inventions, innovations
or significant accomplishments approved by the prisons, the detention centers,
the criminal judgement enforcement authorities affiliated to the District
divions of the Public Security.
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5. The convicts who are
suffering from fatal diseases specified in Point c Clause 3 Article 11 of the
Law on Pardon are those suffering from diseases such as: Terminal cancer;
paralysis; drug-resistant tuberculosis; ascites due to liver cirrhosis; heart
failure class III or higher; chronic kidney disease stage IV or higher;
clinical stage IV HIV with opportunistic infections, inability to live on their
own and poor prognoses, high mortality rates or suffering from other diseases
concluded on paper by the Medical Examination Council or the hospitals of
provinces level, military regions level or higher that they cannot live on
their own, have high moratlity rates.
6. The convicts who are
considered to be suffering from chronic ailments, unable to live on their own
as specified in Point c Clause 3 Article 11 of the Law on Pardon are those who
are receiving treatment at the infirmaries, hospitals for either at least 03
consecutive months or at least 3 times with each time lasts 01 month or more,
unable to live on their own, concluded on paper by the Medical Examination
Council or the hospitals of provinces level, military regions level.
7. The convicts who are
considered to be living in severely disadvantaged families and the only
breadwinner in the families as specified in Point e Clause 3 Article 11 of the
Law on Pardon are those whose families are suffering from severe financial
hardships due to accidents, illnesses, catastrophes, fires or other force
majeure events leading to the loss of significant property, no incomes or
income lower than poverty limit or biological father, mother, wife, husband,
children who are the only breadwinner of the families as certified by the local
Commune-level People’s Committee are suffering from serious prolonged illnesses
without caretakers.
Article 5. Pardon petition
dossier
Pardon petition dossier consists of documents,
files prescribed in Article 14 of the Law on Pardon. To be specific:
1. Pardon petition dossier of
the convicts should follow the sample issued by the Pardon Advisory Council in
every pardon session.
2. 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.
3. 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:
a) 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;
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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.
c) 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;
d) 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;
dd) 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;
e) 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;
g) 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.
4. 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.
5. 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.
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7. 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.
8. For the convicts who are
suspended from imprisonment sentences, apart from documents specified in Clause
1, 2, 3 ,4 ,5 ,6 ,7 of this Article, 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.
Article 6. Grant of pardon
decisions to foreigners
1. Upon pardon decisions for
foreigners are made, the criminal judgement enforcement managing authorities
affiliated to the Ministry of Public Security, the Ministry of National Defense
must take charge and cooperate with the Department for Consular Affairs, the
Ministry of Foreign Affairs to promptly inform and request cooperation in the
pardon decision with the diplomatic mission, consular mission of the country
where the pardoned are citizens.
2. After the pardon decision
is granted, the prisons, the detention centers, the criminal judgement
enforcement authorities affiliated to the District divisions of the Public Security
must free the foreigners according to the pardon decision and inform the
Department for Consular Affairs, Ministry of Foreign Affairs or other agencies
authorized by the Ministry of Foreign Affairs to inform diplomatic mission,
embassy of the countries where the foreigners live.
3. The pardoned foreigners
during their time waiting for the exit visa procedures according to regulations
and law on entry, exit, transit of foreigners in Vietnam will be permitted to
reside by the Chairmen of the civil judgement enforcement managing authorities
under the supervision of the Ministry of Public Security, the Ministry of
National Defense.
The decision on the pardoned foreigners reside will
be sent to the Department of Consular Affairds, the Ministry of Foreign Affairs
or other agencies authorized by the Ministry of Foreign Affairs to inform the
diplomatic mission, consular mission of the country where the pardoned live and
implement at once.
4. The prisons, the detention
centers, the criminal judgement enforcement authorities affiliated to the
Ministry of Public Security are responsible for transferring the pardoned
foreigners to the accommodations according to regulations and law on execution
of criminal judgement and the decision on the pardoned foreigners’ residence.
5. The management and handling
of pardoned foreign residents shall follow regulations on the management and
handling of foreign residents waiting for their exit as specified in the law on
criminal judgement enforcement.
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Article 7. The procedures of
filing, listing the individuals eligible for pardon
1. 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.
2. 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.
3. 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.
Article 8. Assessing the pardon
petition dossier
1. 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.
2. 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.
3. 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.
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IMPLEMENTATION
PROVISIONS
Article 9. Entry into force
This Decree comes into force from August 01, 2019.
Decree No. 76/2008/ND-CP dated July 04, 2008 of the
Government on the elaboration of a number of Articles of the Law on Pardon in
2007 will expire when this Decree takes effect.
Article 10. Responsibility for
implementation
Related ministers, heads of ministerial agencies,
heads of Governmental agencies, Chairman of the Provincial People’s Committee,
authorities, organizations, individuals are responsible for the implementation
of this Decree./.
PP. THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc