Law on Children number 102/2016/QH13

Pursuant to …;

REGARDING THE GRANT OF AMNESTY IN 2024

__________

CHAIRMAN
SOCIALIST REPUBLIC OF VIET NAM

On the basis of Article 88, Article 91 of the Constitution of the Socialist Republic of Vietnam in 2013;

Pursuant to the Amnesty Law 2018;

Implementing the policy of leniency and humanitarianism of the Party and State, and the traditional humanitarianism of the nation towards those who have committed crimes and been sentenced to imprisonment, encouraging them to strive to study and improve themselves to become useful members of society;

Considering the proposal of the Government at Report No. 24/TTr-CP dated July 26, 2024.

DECISION:

Article 1. Granting amnesty and releasing prisoners early from their sentences for those who have been sentenced to fixed-term imprisonment and life imprisonment on the occasion of the 79th National Day of the Socialist Republic of Vietnam (September 2, 2024) and the 70th Liberation Day of the Capital City (October 10, 2024).

The time served in prison for consideration of amnesty shall be counted up to September 30, 2024.

Article 2. The subjects eligible for amnesty include:

Those currently serving a fixed-term sentence, those whose life sentences have been reduced to fixed-term sentences, and those currently under temporary suspension of sentence execution.

Article 3.Conditions for Proposing Amnesty

1. Those currently serving a fixed-term sentence, those whose life sentences have been reduced to fixed-term sentences, and those proposed for amnesty must meet the following conditions:

a) Showing significant progress, having good awareness of reform, and being classified as having performed satisfactorily or excellently according to the regulations of the Criminal Enforcement Law;

b) Having served at least half of the sentence for those sentenced to fixed-term imprisonment, if they had previously received a reduction in their sentence, then the reduced period shall not be included in the time served; having served at least 15 years for those sentenced to life imprisonment who were subsequently reduced to fixed-term imprisonment, if they received further reductions in their sentence after being reduced to fixed-term imprisonment, then such subsequent reductions shall not be included in the time served;

Those convicted of offenses undermining economic and social policies; offenses undermining unity policies; offenses organizing, compelling, or inciting others to flee abroad or remain abroad with the aim of opposing the people's government; offenses fleeing abroad or remaining abroad with the aim of opposing the people's government; those convicted of at least ten years' imprisonment for any of the offenses listed in Chapter on offenses infringing upon human life, health, dignity, and reputation in the Criminal Code due to intentional acts, or those convicted of at least seven years' imprisonment for robbery; kidnapping for ransom; illegal production of narcotics; illegal trafficking in narcotics; theft of narcotics in the Criminal Code must have served at least two-thirds of their fixed-term imprisonment sentence, if they had previously received a reduction in their sentence, then the reduced period shall not be included in the time served; having served at least 18 years for those sentenced to life imprisonment who were subsequently reduced to fixed-term imprisonment, if they received further reductions in their sentence after being reduced to fixed-term imprisonment, then such subsequent reductions shall not be included in the time served;

c) Having fully executed supplementary penalties such as fines and paid court fees;

d) Having fully fulfilled the obligation to return property, compensate for losses, and other civil obligations for those sentenced for corruption offenses;

d) Having fully performed or partially performed the obligation to return property, compensate for damages, or other civil obligations but due to falling into particularly difficult economic circumstances, they are unable to continue performing the remaining part according to the law on enforcement of civil judgments for those convicted of non-corruption offenses;

In cases where there is an obligation to return property, compensate for damages, or perform other civil obligations concerning assets that do not belong to the State, it must be agreed by the person subject to enforcement to postpone enforcement or not request enforcement against such assets;

e) Not causing negative impacts on national security and public order when granted amnesty;

g) Not falling within any of the cases stipulated in Article 4 of this Decision.

2. Those currently under temporary suspension of sentence execution and proposed for amnesty must meet the following conditions:

a) Showing significant progress, having good awareness of reform, and being classified as having performed their criminal sentence satisfactorily or very satisfactorily according to the law on enforcement of criminal sentences during the time serving the sentence before the decision to temporarily suspend execution;

b) Having served the time specified in point b, Clause 1 of this Article;

c) The conditions stipulated in points c, d, đ, e, and g, Clause 1 of this Article;

d) Strictly complying with the law during the period of temporary suspension of sentence execution.

3. Those sentenced to fixed-term imprisonment who have served at least one-third of the sentence and those sentenced to life imprisonment who have been reduced to fixed-term imprisonment and have served at least 13 years, or those convicted of any of the offenses listed in point b, Clause 1 of this Article who have served at least five-fifths of the fixed-term imprisonment sentence, 16 years for life imprisonment, if they meet all the conditions stipulated in points a, c, d, e, and g of Clause 1, and points a, c, and d of Clause 2 of this Article, may be proposed for amnesty when they fall under one of the following circumstances:

a) Having made significant contributions during the time of serving the sentence, confirmed by the prison, detention center, criminal enforcement agency of the county-level police, or another competent authority.

b) Those who have made contributions to the revolution according to the law on preferential treatment for those who have contributed to the revolution; those awarded the title of Heroic Soldier in the Anti-American War; those awarded one of the titles: Labor Hero, People's Teacher, People's Doctor, People's Artist, People's Artisan; those awarded one of the types of Orders, Medals of Resistance; parents, spouses, children of martyrs and those who raised martyrs when they were young; children of Heroic Mothers of Vietnam; parents, spouses, children of those who helped the revolution and were awarded the Commemorative Medal "The Nation Honors" or Certificate "Contributed to the Country";

c) Persons currently suffering from serious illnesses, or frequently ill and unable to care for themselves.

d) When committing a crime, they are under 18 years old, except in cases stipulated in Clause 4 of this Article.

đ) Persons aged 70 years or older.

Having a particularly difficult family situation and being the only laborer in the family.

g) Pregnant women or women with children under 36 months old currently residing with their mothers in prisons, temporary detention centers, or holding facilities;

h) Persons with severe or extremely severe disabilities as defined by laws on persons with disabilities; persons having difficulties in understanding and controlling their behavior as defined by civil laws.

4. Those under 18 years old currently serving a sentence who meet the conditions stipulated in point a and point g of Clause 1 of this Article, or those under 18 years old currently suspended from serving their sentence who meet the conditions stipulated in point g of Clause 1, point a, and point d of Clause 2 of this Article may be proposed for amnesty when they have served at least one-third of the sentence or at least five-fifths of the sentence for those convicted of any of the offenses listed in point b of Clause 1 of this Article.

Article 4. Cases Not Eligible for Amnesty Proposal

Those who meet the conditions stipulated in Article 3 of this Decision shall not be proposed for amnesty if they fall under any of the following circumstances:

1. Sentenced to imprisonment for treason against the country; for activities aimed at overthrowing the people's government; for espionage; for undermining territorial security; for rebellion; for terrorism against the people's government; for destroying material and technical facilities of the Socialist Republic of Vietnam; for making, storing, disseminating, or promoting information, documents, or items aimed at opposing the Socialist Republic of Vietnam; for disrupting security; for attacking detention facilities; for terrorism, or any of the offenses listed in Chapter on offenses undermining peace, crimes against humanity, and war crimes in the Criminal Code.

2. The judgment, part of the judgment or decision of the Court against such person is being protested through cassation or retrial procedures in a direction to increase criminal responsibility.

3. Currently being investigated for criminal responsibility for another criminal act.

4. Previously granted amnesty.

5. Have two or more prior convictions.

6. The remaining term of imprisonment for persons specified in Clause 1 and Clause 2, Article 3 is more than six years; for persons specified in Clause 3 and Clause 4, Article 3, it is more than eight years.

7. Sentenced to imprisonment for a very serious or especially serious crime that violates national security, except in cases stipulated in Clause 1 of this Article.

8. Committing murder against two or more people or organized murder or murder with thug-like characteristics or committing crimes in a brutal manner; intentionally causing serious injury in an organized manner or with thug-like characteristics or repeatedly committing crimes against one person or once against multiple people or using dangerous acid or dangerous chemicals; committing rape with incestuous characteristics; raping children (according to the Criminal Code of 1999) or raping persons under 16 years old; buying, swapping, or appropriating children (according to the Criminal Code of 1999) or buying persons under 16 years old or swapping persons under one year old or appropriating persons under 16 years old; robbing property with the use of weapons; committing robbery, snatch theft, or theft causing serious, very serious, or extremely serious consequences (according to the Criminal Code of 1999) or committing robbery, snatch theft, or theft in an organized manner or causing negative impacts on public security, order, and social safety; resisting public officials causing serious consequences (according to the Criminal Code of 1999) or in an organized manner or committing crimes from two times or more or inciting, enticing, or instigating others to commit crimes; repeatedly committing robbery, snatch theft, or theft (from two times or more).

9. Committing drug-related offenses or robbery or kidnapping for ransom where the remaining term of imprisonment is over one year for those sentenced to less than seven years of imprisonment or over two years for those sentenced to between seven and fifteen years of imprisonment or over three years for those sentenced to more than fifteen years or life imprisonment.

10. Committing any offense prescribed in Chapter on Offenses Infringing upon Human Lives, Health, Dignity, and Reputation in the Criminal Code out of intentional acts where the remaining term of imprisonment is over two years for those sentenced to between ten and fifteen years of imprisonment or over three years for those sentenced to more than fifteen years or life imprisonment.

11. The mastermind, leader, or commander in organized criminal cases; the person who uses cunning methods and stubbornly resists in organized criminal cases; the person who commits professional crimes.

12. There is evidence confirming the illegal use of narcotic substances.

13. Sentenced to imprisonment for committing three or more offenses or two or more intentional offenses, including cases of combined sentences.

14. Having a prior conviction and then being sentenced to imprisonment for an intentional crime.

15. Previously sentenced to imprisonment, including cases where the criminal record has been expunged or previously placed in compulsory educational facilities or juvenile correctional schools and then sentenced to imprisonment for any of the following offenses: Drug-related offenses; murder; robbery; snatch theft; extortion; fraud; theft; kidnapping for ransom; resisting public officials; trafficking women (according to the Criminal Code of 1985) or trafficking persons; disrupting public order; receiving stolen goods; usurious lending (according to the Criminal Code of 1999) or usurious lending in civil transactions; organizing or brokering for others to exit, enter, or remain illegally in Vietnam.

Article 5. Special amnesty in special cases

The Government shall take the lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, and related agencies and organizations to establish files for individuals proposed for special amnesty according to Articles 22 and 23 of the Amnesty Law to be submitted to the State President for consideration and decision.

Article 6. The Government shall direct the dissemination and promotion of the significance, purpose, and content of the amnesty activities; direct the Ministry of Public Security, the Ministry of National Defense, other government agencies, and local people's committees at all levels to implement amnesty according to the provisions of the Amnesty Law, the President's Decisions on amnesty in 2024, and guiding documents.

Article 7. This Decision takes effect from the date of issuance.

The Prime Minister, the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the Chairman and members of the Advisory Council for Amnesty, and the Director of the Office of the State President are responsible for implementing this Decision.