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.

Article 2. Regulated entities

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.

Article 4. Principles for grant of pardon

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

1. Taking advantage of or abusing positions or powers to propose pardon for ineligible persons; failing to propose pardon for eligible persons; or obstructing prisoners from exercising their right to pardon petition.

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.

Article 9. Announcement, notification and posting up decisions on pardon

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;

e) the Ministry of Justice;

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;

c) the Central Committee of the Vietnam Fatherland Front;

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.

In a case where he/she was convicted of sabotaging implementation of socio-economic policies; sabotaging implementation of solidarity policies; organizing, coercing, instigating illegal emigration for the purpose of opposing the people's government; illegal emigration for the purpose of opposing the people's government; or he/she was sentenced to at least 10 years’ imprisonment for one of offense prescribed in the Chapter “Offenses against human life, health, dignity and honor” in the Criminal Code on purpose, or he/she was sentenced to at least 7 years’ imprisonment for robbery; kidnapping for ransom; illegal manufacturing of narcotic substances; illegal deal in narcotic substances; appropriation of narcotic substances in the Criminal Code and 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 a half 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 seventeen (17) 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;

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;

c) He/she meets requirements prescribed in Points c, d, dd, e and g Clause 1 hereof;

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;

h) He/she is markedly disabled or severely disabled as prescribed in law on people with disabilities; or he/she has limited recognition and behavior control as prescribed in law on civil matters;

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;

5. He/she has two or more previous convictions;

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

Article 14. Pardon petition dossier

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.

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;

dd) The superintendent of a prison or detention center affiliated to the Ministry of National Defense or the Head of criminal enforcement agency of military zone shall submit a list of eligible pardon petitioners together with their dossiers to the Head of criminal enforcement agency of the Ministry of National Defense, which are forwarded to the Inter-Branch Appraisal Group thereafter.

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.

Article 17. Verification, approval, inspection of pardon petition dossiers and submission of list of pardon petitioners to the State President

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.

The Head of criminal enforcement agency of Provincial Public Security shall grant certificates of pardon to those having served their sentences in detention centers of Provincial Public Security, detention centers of District Public Security who are offered pardon.

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:

a) to be granted pardon certificates;

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.

2. The Ministry of Public Security, the Ministry of Defense, the Supreme People’s Court, the Supreme People’s Procuracy and concerned agencies and organizations shall, within the ambit of their tasks and powers, guide and coordinate in making and approving lists of eligible pardon petitioners and dossiers thereof.

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.

Article 24. Implementation of pardon decisions in special cases

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.

Article 26. Responsibilities of State President Office

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.

Article 29. Responsibilities of the Supreme People’s Court

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;

b) Receiving, transferring documents, money, property that the judgment debtor gives as a fine, confiscation, restitution and other civil obligations.

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.

Article 34. Responsibilities of the Vietnam Fatherland Front and its member organizations

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

COMPLAINTS AND DENUNCIATIONS IN PARDON

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.

Article 38. Denunciations against law violations in grant of pardon

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.