Decision No. 1251/2013/QĐ-CTN on amnesty for 2013

Pursuant to …;

Regarding amnesty for the year 2013

___________________________

 CHAIRMAN
SOCIALIST REPUBLIC OF VIET NAM

Pursuant to Article 103 and Article 106 of the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, sitting at its tenth session;3cm Pursuant to the Amnesty Law 2007;Deputy ministers of ministerial-level agencies,To implement the policy of leniency and enlightenment of the Party, State, and humanitarian tradition of the nation towards those who have committed crimes and been sentenced to imprisonment, encouraging them to study and improve themselves to become useful members of society;Coat Considering the proposal of the Government at Circular No. 263/TTr-CP dated July 18, 2013,

Implementing early release from prison for those sentenced to fixed-term imprisonment or life imprisonment on the occasion of the National Day of the Socialist Republic of Vietnam (September 2, 2013).

The time served in prison for consideration of amnesty shall be counted up to August 31, 2013.âThose sentenced to fixed-term imprisonment or life imprisonment who have been reduced to fixed-term imprisonment and are currently serving their sentences in prisons or detention centers under the management of the Ministry of Public Security or the Ministry of Defense.n lConditions for proposing amnestyon. Those sentenced to fixed-term imprisonment or life imprisonment who have been reduced to fixed-term imprisonment and are currently serving their sentences may be proposed for amnesty if they meet the following conditions:policiesa) Having served at least one-third of the term of imprisonment for a fixed-term sentence, provided that any reduction in the term of imprisonment prior to this does not count towards the time served; having served at least fourteen years for a life sentence, provided that any subsequent reduction in the term of imprisonment after being reduced to a fixed-term sentence does not count towards the time served;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsa) Units base on the accounting account system issued in this Circular to apply appropriate accounting accounts suitable for their activities.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsb) Adhering well to the Prison Regulations, actively studying and working; during the period of serving the sentence, being classified as at least good in rehabilitation; when granted amnesty, it should not affect national security, public order, or social safety;policiesc) Having fully executed additional penalties such as fines, compensation for damages, arrears, court fees, or other civil obligations, except for prisoners over seventy years old or over sixty years old but frequently ill, or suffering from serious illness, where both the individual and their family are unable to fulfill these obligations;in . Those sentenced to imprisonment who have served at least one-fourth of the term of imprisonment for a fixed-term sentence, at least twelve years for a life sentence after being reduced to a fixed-term sentence, and meet all other conditions specified in point b and c of Clause 1 of this Article, may be proposed for amnesty if they fall into one of the following cases:

a) Having performed significant meritorious service during the period of serving the sentence, confirmed by the prison, detention center, or criminal enforcement agency of the county-level public security organ;

DECISION:

Article 1. 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 Soldier of the People's Armed Forces, Labor Hero, People's Teacher, People's Doctor, People's Artist, Hero of the Resistance War against America; awarded one of the types of Orders or Medals of Resistance; a person whose relatives are martyrs; children of Mothers of Vietnam Martyrs; children of Families with Merit to the Country;

c) At the time of committing the crime, being a minor;

Article 2. The subjects eligible for amnesty include:

d) Being seventy years old or older;

Article 3. đ) Suffering from a serious illness or being sixty years old or older and frequently ill, unable to take care of oneself, with a medical examination conclusion or a written confirmation by a competent health authority;

1e) Having a particularly difficult family situation and being the sole breadwinner in the family, confirmed by the People's Committee of the commune where the person resides;

g) Female prisoners who are pregnant or have a child under thirty-six months old living with the mother in the prison, detention center, or temporary holding facility.

b) Comply well with the Prison Rules, Detention Center Rules, and Holding Facility Rules; actively study and work; during the execution of the custodial sentence, be classified as having good or excellent rehabilitation; when granted amnesty, it does not affect national security, public order, and social safety;

c) Have fully executed the additional penalties of fines, compensation for damages, back taxes, court fees, or other civil obligations, except for prisoners over 70 years old or over 60 years old but frequently ill, or those suffering from serious illnesses who themselves and their families are unable to fulfill these obligations, excluding those convicted of corruption offenses;

2. A person sentenced to imprisonment who has served at least one quarter of the term for a fixed-term imprisonment sentence, at least twelve years for a commuted life sentence, and meets all other conditions specified in points b and c of this Article, may be proposed for amnesty if they fall into one of the following cases:

a) Has performed significant meritorious service during the execution of the custodial sentence, confirmed by the prison, detention center, or criminal enforcement agency of the county-level public security organ;

b) Is a war invalid; a disabled veteran; a person with outstanding achievements in defending the country and building socialism, awarded one of the titles: Heroic Soldier of the People's Armed Forces, Heroic Laborer, National Teacher, National Doctor, National Artist, Heroic Fighter in the Anti-American War to Save the Nation; awarded one of the Orders or Medals of Resistance; a person whose relative is a martyr; a child of a Mother Vietnam Heroine; a member of a family that has rendered meritorious service to the nation;

c) Was a minor at the time of committing the offense;

d) Is 70 years old or older;

đ) Is suffering from a serious illness or is 60 years old or older and frequently ill, unable to care for themselves, with a medical examination conclusion or a written confirmation by a competent health authority;

e) Has a particularly difficult family situation and is the sole breadwinner in the family, confirmed by the People's Committee of the commune where the person resides;

g) A female prisoner who is pregnant or has a child under 36 months old living with her in the prison, detention center, or holding facility;

Article 4. Cases where special amnesty shall not be proposed

Persons meeting the conditions specified in Article 3 of this Decision shall not be recommended for amnesty if they fall into one of the following situations:

1. The judgment or decision of the Court against that person is currently under protest according to cassation or reexamination procedures;

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. Committing a crime extremely serious or exceptionally serious that endangers national security;

6. Remaining term of imprisonment exceeds six years for persons specified in point a, Clause 1, Article 3; exceeds eight years for persons specified in Clause 2, Article 3 of this Decision;

7. Committing drug-related offenses punishable by imprisonment for up to seven years with remaining term of imprisonment exceeding one year; committing drug-related offenses punishable by imprisonment from over seven to fifteen years with remaining term of imprisonment exceeding two years; committing drug-related offenses punishable by imprisonment over fifteen years, life imprisonment with remaining term of imprisonment exceeding three years;

8. There is evidence indicating illegal use of drugs;

9. Simultaneously committing two crimes: murder and robbery; murder and rape; murder and rape of a child; robbery and rape; robbery and rape of a child;

10. Currently serving sentences for multiple crimes (three or more), including cases of combined punishment;

11. Committing organized murder; incestuous rape; robbery using weapons; organized robbery, snatch theft, theft causing serious, extremely serious, or exceptionally serious consequences; repeated robbery, snatch theft, or theft (two or more times);

12. Having one prior conviction or having been subject to administrative measures involving placement in an educational facility or juvenile correctional school and subsequently convicted of one of the following crimes: drug-related offenses; murder; rape of a child; robbery; snatch theft; extortion; fraud; theft; kidnapping for ransom; obstructing public officials; trafficking women or persons; trading, substituting, or stealing children; disrupting public order; receiving stolen goods; intentionally causing bodily harm with gangster-like behavior or gang retaliation;

Article 5. Special amnesty in exceptional cases.

1. The Government shall take the lead, coordinate with the Supreme People's Court, the Supreme People's Procuracy, and relevant agencies and organizations to establish files of individuals proposed for special amnesty in exceptional cases pursuant to Articles 21 and 22 of the Special Amnesty Law for submission;

2. The Supreme People's Court shall direct and guide the People's Courts at all levels and Military Courts to cooperate with the Procuracy, the Criminal Enforcement Agency of the provincial police force or military region to establish files and lists for special amnesty in exceptional cases for those currently on suspension or temporary cessation of sentence execution and compile files and lists for review and submission by the agencies specified in Clause 1 of this Article;

Article 6. The Government shall direct the organization of publicity and dissemination regarding the significance, purpose, and content of special amnesty activities; direct the Ministry of Public Security, the Ministry of National Defense, other government agencies, and people's committees at all levels to implement special amnesty in accordance with the Special Amnesty Law, the President's Decree on Special Amnesty in 2013, and guiding documents;

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

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 Special Amnesty, and the Director of the President's Office are responsible for implementing this Decision./.