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COUNCIL OF JUSTICES
SUPREME PEOPLE'S COURT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
03/2025/NQ-HDTP
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Hanoi, September
30, 2025
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RESOLUTION
ELABORATING
APPLICATION OF REGULATIONS PERTAINING TO COMMUTATION OF DEATH SENTENCE TO LIFE
SENTENCE
Pursuant to the Law on Organization of People’s
Court No. 34/2024/QH15 amended by the Law No. 81/2025/QH15;
Pursuant to the Criminal Code 100/2015/QH13
amended by the Law No. 12/2017/QH14, the Law No. 59/2024/QH15, and the Law No.
86/2025/QH15;
For the purpose of adequate and uniform
application of regulations on commutation of death sentence to life sentence in
accordance with Clause 2 and Clause 3 Article 4 of the Law on amendment to the
Criminal Code No. 86/2025/QH15;
After consulting Director of the Supreme
People’s Procuracy and the Minister of Justice;
Council of Justices of the Supreme People’s
Court promulgates Resolution guiding application of regulations on commutation
of death sentence to life sentence.
Article 1. Scope
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Article 2. Cases in which death
sentence is commuted to life sentence
People met with death sentence before July 1, 2025
where the sentence has not been executed shall benefit from commutation where
they serve life sentence instead if:
1. They have terminal cancer according to Point c
Clause 3 Article 40 of the Criminal Code No. 100/2015/QH13 amended by the Law
No. 12/2017/QH14, the Law No. 59/2024/QH15, and the Law No. 86/2025/QH15
(hereinafter referred to as “Criminal Code”);
2. They are met with death sentence for: Activities
against the people's government (Article 109); Espionage (Article 110);
Sabotaging facilities of Socialist Republic of Vietnam (Article 114);
Manufacturing and trading of counterfeit medicines for treatment or prevention
of diseases (Article 194); Illegal transport of narcotic substances (Article
250); Embezzlement (Article 353); Taking bribes (Article 354); or Disruption of
peace, provocation of war of aggression (Article 421);
3. They are met with death sentence for Illegal
manufacturing of narcotic substances (Article 248) or Illegal deal in narcotic
substances (Article 251) if:
a) Quantity and volume of narcotics substances
determined under judgment for determining penalties are equal to or lower than
the minimum quantity and volume of narcotics substances under Clause 5 Article
248 or Clause 5 Article 251 of the Criminal Code;
b) Quantity and volume of narcotic substances
determined under judgment for determining penalties are greater than the
minimum quantity and volume under Clause 5 Article 248 or Clause 5 Article 251
of the Criminal Code wherein the convicted persons are not leaders,
masterminds, or commanders, or in possession of at least 2 aggravating
circumstances.
Article 3. Commutation of death
sentence to life sentence for cases under Point c Clause 3 Article 40 of the
Criminal Code
1. People convicted with death sentence and having
terminal cancer shall be required to obtain conclusion of specialized medical
examination and treatment establishments in accordance with the Law on Medical
Examination and Treatment and guiding documents wherein terminal cancer is
verified in order to be considered and have their death sentence commuted to
life sentence. Such conclusion must be issued by medical examination and
treatment establishments must be issued at most 6 months prior the date on which
Chief Justice of the Supreme People’s Court review and decide.
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3. Upon receiving list of people whose death
sentence is commuted to life sentence together with case files, related
documents, and feedback of the Supreme People’s Procuracy, Chief Justice of the
Supreme People’s Court shall consider and commute death sentence to life sentence.
Article 4. Commutation of death
sentence to life sentence for cases detailed under Point a Clause 3 Article 4
of the Law on amendment to the Criminal Code No. 86/2025/QH15
1. People met with death sentence for Illegal
manufacturing of narcotic substances (Article 248) shall have their death
sentence commuted to life sentence where:
a) Weight of opium sap, cannabis sap, or coca
extract is equal to or lower than 30 kilogram;
b) Weight of heroine, Cocaine, Methamphetamine,
Amphetamine, MDMA, or XLR- 11 is equal to or lower than 3 kilogram;
c) Weight of other narcotics substances in solid
form is equal to or lower than 9 kilogram;
d) Volume of other narcotics substances in liquid
form is equal to or lower than 22 liters;
dd) There are at least 2 narcotics substances of
which total weight and volume are equivalent to quantity or volume of narcotics
substances under any Point from Point a through Point d of this Clause.
2. People met with death sentence for Illegal
manufacturing of narcotic substances (Article 251) shall have their death
sentence commuted to life sentence where:
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b) Weight of heroine, Cocaine, Methamphetamine,
Amphetamine, MDMA, or XLR- 11 is equal to or lower than 3 kilogram;
c) Weight of coca leaves; Khat leaves; leaves,
root, trunk, branches, flower, fruit of cannabis plants or other parts thereof
containing narcotics substances is equal to or lower than 150 kilogram;
d) Weight of dried opium poppy fruit is equal to or
lower than 1.200 kilogram;
dd) Weight of dried opium poppy fruit is equal to
or lower than 300 kilogram;
e) Weight of other narcotics substances in solid
form is equal to or lower than 9 kilogram;
g) Volume of other narcotics substances in liquid
form is equal to or lower than 22 liters;
h) There are at least 2 narcotics substances of
which total weight and volume are equivalent to quantity or volume of narcotics
substances under any Point from Point a through Point g of this Clause.
Article 5. Commutation of death
sentence to life sentence for cases detailed under Point b Clause 3 Article 4
of the Law on amendment to the Criminal Code No. 86/2025/QH15
People met with death sentence for Illegal
manufacturing of narcotic substances (Article 248) or Illegal deal in narcotic
substances (Article 251) shall have their death sentence commuted to life
sentence where quantity, volume of narcotic substances under judgment is
greater than the quantity and volume of narcotic substances under Article 4
hereof and:
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a) Leaders are individuals who establish, incite,
or persuade accomplices to commit violations of the law;
b) Masterminds are individuals who initiate ideas,
plans, or operating methods of the group;
c) Commanders are individuals who assign tasks,
responsibilities, expedite, direct, coordinate operation of the group;
d) Individuals organizing violations of the law
shall also be considered leaders, masterminds, commanders.
2. They do not have 2 aggravating circumstances or
more under the judgment according to Article 52 of the Criminal Code. In
this case, the court shall rely solely on aggravating circumstances under
Article 52 of the Criminal Code and disregard mitigating circumstances under
Article 51 of the Criminal Code to consider and commute death sentence.
Article 6. Consideration and
commutation of death sentence to life sentence in specific cases
1. For the purpose of consideration and commutation
of death sentence to life sentence for cases under Article 5 hereof, the court
shall rely on initial judgment, appellate judgment and proceed as follows:
a) Where initial judgment states, identifies
persons met with death sentence as leaders, masterminds, or commanders in
accordance with Clause 1 Article 5 hereof while appellate judgment does not
state or states that persons met with death sentence are leaders, masterminds,
or commanders and retains penalties, the persons’ death sentence shall not be
commuted to life sentence;
b) Where both initial judgment and appellate
judgment do not state nor deem persons met with death sentence as leaders,
masterminds, or commanders but rely on quantity, volume of narcotics
substances, aggravating circumstances, mitigating circumstances to determine
penalties, the persons’ death sentence shall be commuted to life sentence if
they do not have 2 aggravating circumstances or more;
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2. Where a case involves an accomplice or
accomplices and only 1 defendant is tried then convicted with a death sentence
for Illegal manufacturing of narcotic substances (Article 248) or Illegal deal
in narcotic substances (Article 251), the court shall commute his/her death
sentence to life sentence if the judgment does not state or deem him/her as the
leader, mastermind, or commander and he/she does not have 2 aggravating
circumstances or more.
3. Where a case has no accomplice and the defendant
is convicted with a death sentence for Illegal manufacturing of narcotic
substances (Article 248) or Illegal deal in narcotic substances (Article 251),
the court shall commute death sentence to life sentence if he/she does not have
2 aggravating circumstances or more.
4. Where a person commits Illegal manufacturing of
narcotic substances (Article 248) or Illegal deal in narcotic substances
(Article 251) at least twice for which they are tried in the same case and met
with death sentence and one of which they participate as a leader, mastermind,
or commander, the court shall not commute his/her death sentence to life
sentence.
5. Where a person is convicted for Illegal
manufacturing of narcotic substances (Article 248) or Illegal deal in narcotic
substances (Article 251) in multiple judgments among which death sentence
judgments state that he/she is not the leader, mastermind, or commander while
non-death sentence judgments state that he/she is the leader, mastermind, or
commander, the court shall commute the death sentence to life sentence.
Article 7. Review and listing
for cases under Clause 3 Article 4 of the Law on amendment to the Criminal Code
No. 86/2025/QH15
Review and listing of people met with death sentence
commuted to life sentence in accordance with Clause 3 Article 4 of the Law on
amendment to the Criminal Code No. 86/2025/QH15 shall be carried out as
follows:
1. Where court that has handled initial trial is in
possession of the case file, the court shall review, prepare, and send list of
persons met with death sentence commuted to life sentence together with case
files and attachments (if any) to Supreme People's Court within 3 working days
from the date on which they finishing preparing the list;
2. Where Appellate court of the Supreme People’s
Court is in possession of the case file, if the appellate judgment retains the
initial judgment pertaining to death sentence, transfer the case file to
provincial People’s Courts that have initiated initial trial which review,
prepare, and send list of persons met with death sentence commuted to life
sentence together with case files, attachments (if any) to Supreme People’s
Court within 3 working days from the date on which the list is completed;
3. Where central military court is in possession of
the case file, the court shall review, prepare, and send list of persons met
with death sentence commuted to life sentence together with case files and
attachments (if any) to Supreme People's Court within 3 working days from the
date on which they finishing preparing the list;
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Article 8. Consideration of
commutation of death sentence to life sentence
1. Chief Justice of the Supreme People’s Court
shall consider and commute death sentence to life sentence as follows:
a) Where death sentence of a convicted person is
not commuted to life sentence, Chief Justice of the Supreme People’s Court
shall inform authorities that prepare the list and other relevant agencies (if
any);
b) Where death sentence of a convicted person is
commuted to life sentence, Chief Justice of the Supreme People’s Court shall
issue decision on commutation of death sentence to life sentence.
2. Decision under Point b Clause 1 of this Article
shall be sent to Office of the President, the Supreme People’s Procuracy, the
court that has handled initial trial, peer Procuracy of the court that has
handled initial trial, detention center where convicted person is located, and
convicted person.
3. Within 7 days from the date on which Chief
Justice of the court that has handled initial trial receives decision on
commutation of death sentence from Chief Justices of Supreme People’s Court,
Chief Justice of the court that has handled initial trial shall issue decision
on life sentence to be complied with by person whose death sentence is commuted
to life sentence.
Periods in which the person met with death sentence
serve imprisonment shall count towards duration of prison sentence.
Article 9. Entry into force
This Resolution has been approved by the Council of
Justices of the Supreme People’s Court on September 30, 2025 and comes into
force from November 1, 2025./.
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ON BEHALF OF
COUNCIL OF JUSTICES
CHIEF JUSTICE
Le Minh Tri