Law on Commutation No. 07/2007/QH12

LAW

3. Amend Clause 3 Article 2 as follows:Amnesty

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

The National Assembly enacts the Amnesty Law,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the time point, procedure, formalities, authority, responsibility for implementing amnesty; conditions, rights, and obligations of persons proposed for amnesty and those granted amnesty.

Article 2. Applicability

This Law applies to:

1. Persons sentenced to fixed-term imprisonment or life imprisonment;

2. Agencies, organizations, citizens of the Socialist Republic of Vietnam; organizations, individuals from foreign countries, international organizations residing, operating on the territory of the Socialist Republic of Vietnam related to amnesty activities.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Amnesty Amnesty is a special act of clemency by the State decided by the President to release prisoners sentenced to fixed-term imprisonment or life imprisonment before their term expires due to significant events, major holidays of the country, or in exceptional cases.

2. Decision The Decision on amnesty is a document issued by the President specifying the time point of amnesty, the subjects, conditions of persons proposed for amnesty, and the responsibilities of agencies and organizations in implementing amnesty.

3. Amnesty decision is a document issued by the President deciding the early release from prison of persons sentenced to fixed-term imprisonment or life imprisonment.

4. Advisory Council for Amnesty The Inter-ministerial Coordination Committee is an organization comprising representatives of relevant agencies and organizations established by the President's decision to implement the President's Decision on amnesty and to advise and consult with the President on amnesty activities.

Article 4. Principles of Implementing Amnesty

1. Compliance with the Constitution and laws, ensuring the interests of the State, the rights and legitimate interests of organizations and individuals.

2. Ensuring democracy, objectivity, fairness, transparency, and openness.

3. Ensuring requirements for internal and external affairs, national security, public order, and social safety.

Article 5. Timing of Amnesty

1. The President examines and decides on amnesty for persons sentenced to fixed-term imprisonment or life imprisonment who have been reduced to fixed-term imprisonment and are serving their sentences due to significant events or major holidays of the country.

2. In exceptional cases, the President decides on amnesty for persons sentenced to fixed-term imprisonment or life imprisonment who are serving their sentences, whose execution of the sentence has been suspended or temporarily halted, regardless of the time point specified in Clause 1 of this Article.

Article 6. State Policy on Amnesty

The State encourages and motivates persons sentenced to imprisonment to repent, actively study and work to improve themselves to be eligible for amnesty; assists persons granted amnesty to stabilize their lives and strive to become useful members of society.

Article 7. Prohibited Acts in Implementing Amnesty

1. Misusing positions or powers to propose amnesty for persons not meeting the conditions for amnesty; failing to propose amnesty for persons meeting the conditions for amnesty; obstructing persons sentenced to imprisonment from exercising their right to be proposed for amnesty.

2. Accepting bribes or causing harassment in the implementation of amnesty.

3. Intentionally issuing documents or materials related to persons proposed for amnesty contrary to the provisions of the law.

4. Refusing to issue documents or materials that, according to the law, persons proposed for amnesty must be issued.

Chapter II

AMNESTY FOR SIGNIFICANT EVENTS OR MAJOR HOLIDAYS OF THE COUNTRY

Section 1

PROCEDURES FOR SUBMITTING TO THE PRESIDENT FOR ISSUANCE AND ANNOUNCEMENT OF THE DECISION ON AMNESTY

Article 8. Procedures for submitting to the President for issuance of the Decision on amnesty

At the request of the President or in cases where the Government proposes amnesty which is accepted by the President, the Government shall take the lead in coordinating with the Supreme People's Court, the Supreme People's Procuracy, and relevant agencies to study and prepare a Report for the President to examine and issue the Decision on amnesty.

Article 9. Announcing the President's Decision on Pardon

The President's Decision on Pardon shall be announced and publicized through mass media.

After the announcement of the President's Decision on Pardon, it shall be posted at detention centers and temporary detention facilities.

Section 2

CONDITIONS, RIGHTS AND OBLIGATIONS OF PERSONS PROPOSED FOR PARDON

Article 10. Conditions for Proposing Pardon

1. Persons sentenced to fixed-term imprisonment or life imprisonment who have been reduced to fixed-term imprisonment and are currently serving their sentences must meet the following conditions if they are to be proposed for pardon:

a) Adhering well to the regulations and internal rules of detention centers and temporary detention facilities; actively participating in study and labor; during the execution of the sentence, being classified as good or better in rehabilitation; upon pardon, not affecting national security, social order, and public safety;

b) Having served a period of time determined by the President, but not less than one-third of the term of fixed-term imprisonment, provided that the time already served does not include any reduction granted before the pardon; not less than fourteen years for life imprisonment;

c) For persons convicted of corruption offenses or other offenses designated by the President each time pardons are granted, they must have fully executed supplementary penalties such as fines, compensation for damages, court fees, or other civil obligations.

2. Persons sentenced to fixed-term imprisonment or life imprisonment who have been reduced to fixed-term imprisonment and are currently serving their sentences, and who meet the conditions specified in points a and c of paragraph 1 of this Article, may have their time served reduced below the period specified in point b of paragraph 1 of this Article if they fall under any of the following circumstances:

a) Having performed significant meritorious service during the execution of their sentence, confirmed by the detention center or temporary detention facility;

b) Being a war invalid; a disabled veteran; a person with outstanding achievements in defending the country and building socialism, awarded one of the titles Heroic Forces of the People's Army, Heroic Laborer, Medal, War Resistance Medal, or any of the titles Brave Warrior in the War against America to Save the Nation; having a relative who is a martyr; being a child of a Mother Heroine of Vietnam; being a member of a family with meritorious service to the nation;

c) Suffering from a serious illness or chronic illness, confirmed by a medical examination report or a written confirmation from a competent health authority;

d) Being a minor at the time of committing the offense;

đ) Being seventy years old or older;

e) Having a particularly difficult family situation, being the sole breadwinner in the family, confirmed by the People's Committee of the commune where the family resides;

g) Other cases decided by the President.

3. The Government shall be responsible for providing detailed guidance on the application of conditions for persons proposed for pardon according to the President's Decision on Pardon.

Article 11. Cases Not Proposed for Pardon

Persons meeting the conditions stipulated in Article 10 of this Law shall not be proposed for pardon in the following cases:

1. The judgment or decision of the Court against them is still subject to cassation or revision proceedings;

2. Being investigated for criminal responsibility for another criminal act;

3. Having previously been granted special amnesty;

4. Having two or more prior convictions;

5. Other cases decided by the President.

Article 12. Rights of the person proposed for amnesty

1. Be informed about policies, laws on amnesty, the President's Decision on amnesty, guiding documents of competent authorities regarding conditions for persons proposed for amnesty, and other information related to amnesty concerning the person proposed for amnesty.

2. Contact relatives, individuals, agencies, organizations with authority to collect and provide necessary documents to complete the proposal dossier for amnesty.

3. Lodge complaints and denunciations according to Chapter V of this Law.

Article 13. Obligations of the person proposed for amnesty

1. Submit an application for amnesty in accordance with this Law.

2. Fully and truthfully declare personal information related to the proposal for amnesty.

3. Fully comply with supplementary punishments such as fines, compensation for damages, court fees, or other civil obligations after being granted amnesty.

Section 3

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR PROPOSAL OF AMNESTY AND IMPLEMENTATION OF AMNESTY DECISIONS

Article 14. Documents for Proposing Pardon

1. Application for amnesty.

2. Documents proving personal information and family circumstances of the person proposed for pardon.

3. Documents proving completion of supplementary punishments such as fines, compensation for damages, court fees, or other civil obligations.

4. Commitment not to violate laws, and to fully comply with supplementary punishments such as fines, compensation for damages, court fees, or other civil obligations after being granted amnesty.

5. Proposal for amnesty document from the prison warden, temporary detention center warden.

Article 15. Procedure and procedural requirements for establishing the proposal dossier for amnesty

Based on the President's Decision on amnesty and guidance from competent state agencies, the procedure and procedural requirements for establishing the proposal dossier for amnesty shall be carried out as follows:

1. The prison warden, temporary detention center warden under the Ministry of Public Security and the Ministry of National Defense shall be responsible for reviewing, compiling lists and dossiers of inmates serving custodial sentences who meet the conditions for proposing amnesty as stipulated by law, publicly announcing and posting the list of persons proposed for amnesty at the prison or temporary detention center, and preparing documents to request the Minister of Public Security and the Minister of National Defense to consider.

2. The temporary detention center warden under provincial public security, temporary detention center warden under military region and equivalent shall be responsible for reviewing, compiling lists and dossiers of inmates serving custodial sentences who meet the conditions for proposing amnesty as stipulated by law, reporting to the provincial public security director, military region commander and equivalent. The provincial public security director, military region commander and equivalent shall review the list and propose the Minister of Public Security and the Minister of National Defense to consider. The temporary detention center warden shall publicly announce and post the list at the temporary detention center.

3. The Minister of Public Security, the Minister of National Defense shall be responsible for considering the proposal dossier for amnesty established according to Clause 1 and Clause 2 of this Article, and compiling lists of persons meeting the conditions and lists of persons not meeting the conditions for proposing amnesty to submit to the Advisory Council for consideration.

Article 16. Procedures for submitting the list of proposals for amnesty to the President

The Advisory Council for amnesty shall organize the examination of dossiers and lists submitted by the Minister of Public Security and the Minister of National Defense; compile lists of persons meeting the conditions and lists of persons not meeting the conditions for amnesty to submit to the President for consideration and decision.

Article 17. Guidance on procedures and requirements for compiling lists and examining dossiers for proposals for amnesty

1. The Government shall be responsible for providing specific guidance on procedures and requirements for compiling lists and examining dossiers for proposals for amnesty and guidance on implementing the President's Decision on amnesty.

2. The Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, the Supreme People's Procuracy, and relevant agencies and organizations within their respective functions and powers shall guide and coordinate in compiling lists and examining dossiers for proposals for amnesty.

Article 18. Implementation of the Special Amnesty Decision

When there is a Decision on amnesty by the President, the prison warden, temporary detention center warden under the Ministry of Public Security and the Ministry of National Defense, the provincial public security director, military region commander and equivalent shall be responsible for:

1. Organizing the announcement and implementation of the Decision on amnesty for the person granted amnesty;

2. Issuing an amnesty certificate to the person granted amnesty;

3. Immediately notifying in writing the People's Committee of the commune where the person granted amnesty resides.

Article 19. Implementation of the Special Amnesty Decision for Foreign Nationals

When there is a Decision on amnesty by the President for foreigners, the Ministry of Public Security and the Ministry of National Defense shall take the lead in coordinating with the Ministry of Foreign Affairs to notify the diplomatic mission, consulate of the country of which the person granted amnesty is a citizen, and request cooperation in implementing the President's Decision on amnesty.

Article 20. Rights and Obligations of Individuals Being Amnestied

1. The person granted amnesty has the right:

a) To be issued a Certificate of Special Amnesty;

b) To be provided with favorable conditions and assistance by local authorities and relevant agencies and organizations to integrate into family and community;

c) To enjoy other rights as those who have completed custodial sentences according to the provisions of the law.

2. The person granted amnesty has the obligation:

a) To present the Amnesty Certificate to the People's Committee of the commune where they reside;

b) To fulfill all obligations they have committed to;

c) To strictly comply with national policies and laws.

Chapter III

SPECIAL AMNESTY IN SPECIAL CASES

Article 21. Persons Granted Clemency in Special Cases

In special cases, to meet the internal and external requirements of the State, the President decides to grant clemency to persons sentenced to fixed-term imprisonment, life imprisonment who are serving their sentences, or those whose execution of the sentence has been suspended or temporarily halted, without being subject to the conditions stipulated in Articles 10 and 11 of this Law.

Article 22. Procedures and Formalities for Establishing Clemency Dossiers in Special Cases

At the request of the President or upon the proposal of the Government on clemency accepted by the President, the Government shall take the lead in coordinating with the Supreme People's Court, the Supreme People's Procuracy, and relevant agencies and organizations to establish dossiers of persons proposed for clemency to be submitted to the President for consideration and decision.

Article 23. Implementation of Clemency Decisions in Special Cases

1. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective duties and powers shall be responsible for organizing the implementation of the President's clemency decisions in special cases.

2. The implementation of the President's clemency decision for foreign nationals in special cases shall be carried out in accordance with the provisions of Article 19 of this Law.

3. Persons granted clemency in special cases shall have rights and obligations as prescribed in Article 20 of this Law.

Chapter IV

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN IMPLEMENTING CLEMENCY

Article 24. Responsibilities of the Government

1. Issuing guiding documents as provided for in Clause 3, Article 10 and Clause 1, Article 17 of this Law.

2. Direct the organization of propaganda and dissemination about the significance, purpose, and content of the amnesty activities.

3. Directing the Ministry of Public Security, the Ministry of National Defense, other government agencies, and provincial People's Committees to implement clemency in accordance with this Law, the President's clemency decision, and guiding documents.

Article 25. Responsibilities of the Advisory Council on Clemency

1. The Advisory Council on Clemency shall be established by the President's decision when there is a clemency decision, consisting of a Deputy Prime Minister as Chairman and members representing leaders of the following agencies and organizations:

a) Ministry of Public Security;

b) Ministry of National Defense;

c) The Ministry of Justice;

d) The Supreme People's Court;

đ) The Supreme People's Procuracy;

e) The Office of the President;

g) The Government Office;

h) The Central Committee of the Vietnam Fatherland Front;

i) Relevant ministries, sectors, agencies, and organizations as decided by the President when deemed necessary.

2. Responsibilities of the Advisory Council on Clemency:

a) Implementing the President's clemency decision;

b) Reviewing and examining dossiers, lists of persons meeting the conditions and lists of persons not meeting the conditions for clemency proposed by the Minister of Public Security and the Minister of National Defense;

c) Examining, compiling, and submitting to the President lists of persons meeting the conditions and lists of persons not meeting the conditions for clemency for the President's decision;

d) Performing other clemency tasks assigned by the President.

3. The Chairman of the Advisory Council on Clemency shall be responsible to the President for the activities of the Advisory Council on Clemency as stipulated in Clause 2 of this Article.

Article 26. Responsibilities of the Ministry of Public Security

1. Providing guidance, inspecting, and urging wardens of detention centers under the Ministry of Public Security and provincial public security directors to establish dossiers for clemency requests, and organize the implementation of clemency decisions in accordance with Clause 1 and Clause 2, Article 15, Clause 2, Article 17, and Article 18 of this Law and guiding documents issued by competent state agencies.

2. Taking the lead in coordinating with the Supreme People's Court, the Supreme People's Procuracy, the Central Committee of the Vietnam Fatherland Front, and related agencies to inspect clemency activities at detention centers, helping the Advisory Council on Clemency organize the examination of clemency request dossiers.

3. Directing local public security agencies to coordinate with related agencies and organizations in managing, educating, and assisting persons granted clemency to stabilize their lives in their hometowns and prevent them from committing crimes.

Article 27. Responsibilities of the Ministry of National Defense

Guide, inspect, urge the prison wardens under the Ministry of National Defense, military region commanders and equivalent positions to establish files for special amnesty applications, organize the implementation of special amnesty decisions according to Clause 1 and Clause 2 of Article 15, Clause 2 of Article 17, and Article 18 of this Law and related guiding documents from competent state agencies.

Article 28. Responsibilities of the Supreme People's Court

1. Coordinate with the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Procuracy, and relevant agencies and organizations in special amnesty activities.

2. Guide, inspect, urge lower courts to implement special amnesties according to Clause 2 of Article 17, Article 22, and Clause 1 of Article 23 of this Law and related guiding documents from competent state agencies.

Article 29. Responsibilities of the Supreme People's Procuracy

1. Directly supervise the establishment of files for special amnesty applications and the implementation of special amnesty decisions of the State President at prisons and temporary detention centers under the Ministry of Public Security and the Ministry of National Defense according to Clause 1 and Clause 2 of Article 15 and Article 18 of this Law.

2. Guide, inspect, urge provincial-level people's procuracies and military procuracies of military regions and equivalent units to supervise the establishment of files for special amnesty applications and the implementation of special amnesty decisions of the State President at temporary detention centers under provincial public security departments and temporary detention centers under military regions and equivalent units according to Clause 1 and Clause 2 of Article 15 and Article 18 of this Law.

Article 30. Responsibilities of People's Committees at all levels and related agencies and organizations

1. Promote and disseminate the Special Amnesty Law, the Special Amnesty Decisions of the State President, and related guiding documents from competent state agencies.

2. Provide information and documents related to personal background; issue certificates and confirmations regarding compliance with policies and laws or family circumstances or other necessary documents of individuals proposed for special amnesty.

3. Receive, create conditions, and assist individuals granted special amnesty to reintegrate into their families and communities, provide employment opportunities, stabilize their lives, and become beneficial members of society.

Article 31. Responsibilities of the Vietnam Fatherland Front and its member organizations

1. Coordinate with relevant agencies and organizations to promote and disseminate the Special Amnesty Law, the Special Amnesty Decisions of the State President, and related guiding documents from competent state agencies.

2. Coordinate with local authorities to create conditions and assist individuals granted special amnesty to reintegrate into their families and communities, prevent recidivism, provide employment opportunities, stabilize their lives, and become beneficial members of society.

3. Monitor the activities of agencies, organizations, and authorized individuals in implementing the Special Amnesty Law, the Special Amnesty Decisions of the State President, and related guiding documents from competent state agencies.

Chapter V

COMPLAINTS, REPORTS

Article 32. Appeals concerning the establishment of lists of individuals proposed for special amnesty on significant national events or major holidays

1. Individuals who have applied for special amnesty have the right to appeal if they meet the conditions but are not included in the list of individuals proposed for special amnesty by prison wardens under the Ministry of Public Security and the Ministry of National Defense, provincial public security directors, military region commanders, and equivalent positions.

2. The appellant may file an appeal personally or through a legally authorized representative.

3. The appeal period is five working days, starting from the day the prison warden or temporary detention center warden announces or posts the list of individuals proposed for special amnesty.

Article 33. Competence and Time Limit for Handling Complaints

The Prison Warden, Temporary Detention Center Warden under the Ministry of Public Security and the Ministry of National Defense, Provincial Public Security Director, Military Region Commander and equivalent shall be responsible for examining and resolving complaints within three working days from the date of receipt of the complaint.

In case the complainant disagrees with the result of the complaint resolution by the Prison Warden, Temporary Detention Center Warden under the Ministry of Public Security and the Ministry of National Defense, Provincial Public Security Director, Military Region Commander and equivalent, then within three working days from the date of receipt of the complaint resolution result, the complainant has the right to continue complaining to the Minister of Public Security, Minister of National Defense. The Minister of Public Security, Minister of National Defense shall be responsible for reviewing, if accepting the complaint, they shall include the person in the list of those meeting the conditions for special amnesty; if not accepting the complaint, they shall include the person in the list of those not meeting the conditions for special amnesty.

Article 34. Reporting Violations of Law in the Implementation of Special Amnesty

Citizens have the right to report violations of law in the implementation of special amnesty.

The handling of reports on violations of law in the implementation of special amnesty shall be carried out in accordance with the laws on reporting.

Chapter IV

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Law shall take effect from March 1, 2008.

Article 36. Guidance on Implementation

The Government shall provide detailed regulations and guidance on the implementation of this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the twelfth session, second meeting, on November 21, 2007./.