Decision No. 182-TTg Regarding the Appointment of the Chairman of the Central Advisory Board for Special Pardon

DECISION

ON THE APPOINTMENT OF THE CHAIRMAN OF THE CENTRAL ADVISORY BOARD FOR GRANTING AMNESTY

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Decision No. 335/QĐ-CTN dated February 27, 1995 of the President of the Socialist Republic of Vietnam on amnesty for 1995;

In order to assist the President in examining and deciding on amnesty;

DECISION:

1. Appoint Deputy Prime Minister Phan Van Khai as Chairman of the Central Advisory Board for Granting Amnesty.

2. The Ministry of Interior and the Ministry of National Defense shall organize the review of prisoners eligible for amnesty based on the proposals from the wardens of detention centers under their jurisdiction and submit them to the Central Advisory Board for Granting Amnesty.

Circular of the Central Advisory Board for Granting Amnesty No.: 1622/NC dated March 28, 1995

To implement Decision No. 335/QĐ-CTN dated February 27, 1995 of the President on amnesty for 1995, the Central Advisory Board for Granting Amnesty guides the organization and implementation as follows:

1. Regarding those eligible for release:

According to Decision No. 335/QĐ-CTN dated February 27, 1995 of the President, prisoners serving sentences who fall into the following categories will be considered for release in 1995:

a) Strictly adhering to the regime and internal regulations of the detention center, actively participating in labor and study, and being rated as having good reform performance for two consecutive years (1993-1994).

b) Having performed meritorious acts during the period of serving the sentence, as shown in the following actions:

Discovering, preventing, and participating in the struggle against crime, such as discovering prisoners attempting to escape; capturing escaped prisoners; capturing or discovering persons committing criminal acts.

Rescuing people in perilous situations; saving valuable assets of the State, collective organizations, or citizens.

c) Being a war invalid, disabled veteran, or person with meritorious service to the revolution awarded with a Medal.

A disabled veteran is a person recognized by a competent state authority as a disabled veteran due to illness resulting from activities in battlefields or particularly difficult and arduous areas.

A person with meritorious service to the revolution is a person awarded a Medal in high honors of the State or a person who has made significant contributions to assisting the revolution and been presented with a commemorative medal "The State Commends" or a certificate "Contributed to the Country."

d) Having a close relative in the family (spouse; biological parents, biological children, full siblings; adoptive parents, adopted children) who is a martyr.

đ) Being the sole breadwinner in the family; women with children under three years old without caregivers; those with particularly difficult living conditions in the family such as having young children without supervision, elderly or sick spouses or parents, extremely impoverished household income below the poverty line, regularly assisted by agencies or localities; or families affected by natural disasters or fires leaving no significant property, confirmed by the People's Committee of the commune, ward, or town.

e) Being excessively aged or suffering from a serious illness.

Excessively aged refers to individuals aged 70 or older, or over 60 but frequently ill and bedridden requiring hospitalization.

Suffering from a serious illness means suffering from one of the very dangerous diseases that threaten life such as cancer, cirrhosis, severe tuberculosis, paralysis..., as concluded by medical examination.

Prisoners eligible for consideration for release must have genuinely served at least one-third of the term of imprisonment for fixed-term sentences; ten years for life sentences. In special cases, where the time served is less than one-fourth of the term for fixed-term sentences; eight years for life sentences, and have demonstrated a commitment to reform. The application period for these special cases applies to the following groups:

Those suffering from a terminal illness;

Those who have performed significant meritorious acts during the period of serving the sentence;

Juvenile offenders.

2. Regarding those eligible for exemption from remaining imprisonment:

Only consider exempting from remaining imprisonment those who are currently serving sentences but have been temporarily suspended from serving the sentence, falling into the following categories:

a) Those suffering from a serious illness as mentioned at point e, section 1 above.

b) Those seriously ill for a prolonged period and truly no longer pose a danger to society, who although not suffering from a serious illness, are so ill they cannot work or take care of themselves normally, with a conclusion from the Medical Examination Board. During the period of temporary suspension from serving the sentence, they show remorse and repentance; no longer capable of engaging in criminal activity, confirmed by the People's Committee of the commune, ward, or town where they reside.

3. For those who belong to one of the categories guided in sections 1 and 2 above but are currently subject to a protest according to the supervisory procedure leading to an increase in punishment or prosecution for a more serious crime, no file will be established and they will not be included in the list proposed for amnesty consideration.

4/ Implementation:

a) The Ministry of Interior is responsible for:

Guiding and urging localities and detention centers to establish files for those proposed for amnesty in 1995 according to the President's Decision and the guidance of the Central Advisory Board for Granting Amnesty.

The Minister of Interior, as a permanent member of the Central Advisory Board for Granting Amnesty, is authorized by the Government to propose on behalf of the Government the list of prisoners eligible for release and the list of those temporarily suspended from serving the remaining sentence to be exempted from serving it, for the Central Advisory Board for Granting Amnesty to review and submit to the President for decision.

Chairing the coordination with relevant sectors in the verification and consolidation of lists of those eligible for amnesty to be reviewed by the Central Advisory Board for Granting Amnesty in two rounds (April 20, 1995 and July 30, 1995).

The Standing Office of the Central Advisory Board for Granting Amnesty may convene and form a team of experts from the Ministry of Interior, the Supreme People's Court, and the Supreme People's Procuracy to assist in the work.

b) The Ministry of National Defense is responsible for directing detention centers under its management to base on the provisions of Article 1 of the President's Decision and the guidance of the Central Advisory Board for Granting Amnesty, to prepare release files for prisoners under their management and rehabilitation, then transfer them to the Ministry of Interior for consolidation, verification, and review.

c) The Supreme People's Court shall be responsible for guiding courts at all levels to establish files for suspending the remaining imprisonment sentences for those individuals who have been decided to temporarily suspend the execution of their sentences by that court, based on the provisions set out in Point 2 of the President's Decision and the guidance of the Central Parole Advisory Board, to be compiled, examined, and reviewed by the Supreme People's Court.

d) The Chairman of the People's Committee of provinces and centrally governed cities shall establish local Parole Advisory Boards to assist in accordance with Circular No. 1332/NC dated March 16, 1995, issued by the Prime Minister, to coordinate with relevant sectors in guiding and urging temporary detention centers and prisons under their jurisdiction to compile lists of individuals proposed for parole in 1995, in accordance with the President's Decision and the guidance of the Central Parole Advisory Board.

The Parole Advisory Board of provinces and centrally governed cities (consisting of a Deputy Chairman of the People's Committee, the Chief Justice of the People's Court, the Chief Prosecutor of the People's Procuracy, the Director of the Public Security Department, the Director of the Justice Department, the Chairman of the Fatherland Front, the Chairman of the Trade Union, and the Chairman of the Women's Union) shall organize the examination and consolidation of lists of individuals proposed for parole in 1995 to be submitted to the Central Parole Advisory Board for review (through the permanent member of the Central Parole Advisory Board).

The People's Committees of communes, wards, towns, or related agencies and organizations, and health authorities within their scope and functions shall be responsible for providing complete and timely certifications and conclusions related to parole.

The President's Decision on parole in 1995 is a significant policy reflecting the humanitarian and lenient policies of our State, representing the results of management, education, and rehabilitation efforts to transform convicted prisoners into useful members of society, contributing to the struggle against enemies exploiting human rights to undermine the revolutionary cause of the people, therefore, state administrative agencies responsible for enforcement, local governments, mass organizations, and mass media at both central and local levels need to organize extensive and deep propaganda among the people.

The Chairmen of the People's Committees of provinces and centrally governed cities, the Minister of National Defense, and leaders of related ministries and sectors shall organize a thorough study of the President's Decision on parole in 1995 and the guidance of the Central Parole Advisory Board to implement it strictly and promptly, avoiding any loopholes and negative impacts.

The implementation of reducing the time served for imprisonment for convicts according to Articles 49 and 51 of the Criminal Code and Articles 237 and 238 of the Criminal Procedure Code will be carried out concurrently with the parole process, organized and directed by the Supreme People's Court and related agencies.

During the implementation process, if there are any difficulties, they should be reported promptly to the Central Parole Advisory Board (through the permanent member of the Central Parole Advisory Board) for supplementary guidance.