Decision No. 266/2025/QĐ-CTN on amnesty for 2025

Pursuant to …;

REGARDING THE GRANT OF AMNESTY IN 2025

PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Article 88, Article 91 of the Constitution of the Socialist Republic of Vietnam 2013;

Pursuant to the Amnesty Law 2018;

To implement 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. 04/TTr-CP dated February 28, 2025.

Pursuant to …;

Article 1. Granting amnesty and releasing prisoners before their full sentences for those who have been sentenced to fixed-term imprisonment or life imprisonment on the occasion of the 50th anniversary of the Liberation of the South and National Reunification (April 30, 2025).

The time served in prison for consideration of amnesty shall be counted up to April 30, 2025.

Article 2. The subjects of 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 being proposed for 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 one-third of the sentence for those sentenced to fixed-term imprisonment, if they have previously had their sentence reduced, the reduction period shall not be counted towards the time served; having served at least 14 years for those whose life sentences have been reduced to fixed-term sentences, if further reductions are granted after the reduction to a fixed-term sentence, these subsequent reductions shall not be counted towards the time served; those convicted of offenses such as sabotaging economic and social policies, undermining unity policies, organizing, compelling, or inciting others to flee abroad or remain abroad with the aim of opposing the people's government, fleeing abroad or remaining abroad with the aim of opposing the people's government, or those convicted of at least ten years' imprisonment for offenses against human life, health, dignity, or reputation as defined in Chapter on Offenses Against Human Life, Health, Dignity, and Reputation of the Penal 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, or theft of narcotics as defined in the Penal Code must have served at least half of their fixed-term sentence, if they have previously had their sentence reduced, the reduction period shall not be counted towards the time served; having served at least 17 years for those whose life sentences have been reduced to fixed-term sentences, if further reductions are granted after the reduction to a fixed-term sentence, these subsequent reductions shall not be counted towards 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;

đ) Having fully fulfilled or partially fulfilled the obligation to return property, compensate for losses, and other civil obligations but due to extremely difficult economic circumstances, they are unable to continue fulfilling the remaining obligations according to the Civil Enforcement Law; In cases where the obligation to return property, compensate for losses, and other civil obligations involves assets not owned by the State, the person entitled to enforcement must agree to suspend enforcement or not request enforcement of these 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 satisfactorily or excellently according to the regulations of the Criminal Enforcement Law during the time of serving the sentence prior to the decision on temporary suspension;

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-quarter of the sentence and those whose life sentences have been reduced to fixed-term sentences who have served at least 12 years, or those convicted of offenses specified in point b, Clause 1 of this Article who have served at least one-third of the fixed-term sentence and 15 years of the life sentence, if they meet the conditions stipulated in points a, c, d, đ, e, and g, Clause 1, and points a, c, and d, Clause 2 of this Article, may be proposed for amnesty if they fall into any of the following cases:

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) Persons who have rendered meritorious service to the revolution as provided for by laws on preferential treatment for persons who have rendered meritorious service to the revolution; persons awarded the title of Hero in the resistance war against America to save the country; persons awarded one of the titles: Heroic Laborer, People's Teacher, People's Doctor, National Artist, National Artisan; persons awarded one of the types of Orders; persons awarded the War Resistance Medal; parents, spouses, children of martyrs and persons who raised martyrs when they were young; children of Mothers Vietnam Heroic; parents, spouses, children of persons who assisted the revolution and were awarded the Commemorative Medal "The State Recognizes Merit" 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 in prison or temporary detention center.

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. Persons under 18 years old serving a criminal sentence and meeting the conditions specified in point a and point g of Clause 1 of this Article, or persons under 18 years old whose execution of a criminal sentence has been temporarily suspended and meet the conditions specified in point g of Clause 1, point a and point d of Clause 2 of this Article may be recommended for amnesty if they have served at least one quarter of the sentence or at least one third of the sentence in cases where they were sentenced to imprisonment for one of the crimes specified in point b of Clause 1 of this Article.

Article 4. Cases not eligible for recommendation for amnesty

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. Sentenced to imprisonment for the crime of betraying the country; the crime of engaging in activities aimed at overthrowing the people's administration; the crime of espionage; the crime of violating territorial security; the crime of riot; the crime of terrorism against the people's administration; the crime of destroying material-technical facilities of the Socialist Republic of Vietnam; the crime of making, storing, disseminating or promoting information, documents, items aimed at opposing the Socialist Republic of Vietnam State; the crime of disrupting public order; the crime of disrupting detention facilities; the crime of terrorism or one of the crimes defined in Chapter on crimes that undermine peace, violate humanity and war crimes of 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 is over eight years for persons specified in Clause 1 and Clause 2 of Article 3; over ten years for persons specified in Clause 3 and Clause 4 of Article 3 of this Decision.

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. Committed the crime of killing two or more persons or organized murder or with thug-like characteristics or committed the crime in a brutal manner; intentionally inflicted multiple injuries on one person or once on multiple persons (according to the Criminal Code of 1999) or intentionally inflicted injuries two or more times or on two or more persons or organized injury or with thug-like characteristics or using dangerous acid or chemicals; rape with incestuous characteristics; rape of minors (according to the Criminal Code of 1999) or rape of persons under 16 years old; buying and selling women belonging to the case of buying and selling multiple persons (according to the Criminal Code of 1985) or buying and selling persons belonging to the case of buying and selling multiple persons (according to the Criminal Code of 1999) or buying and selling persons belonging to the case of buying and selling two or more persons; buying and selling, swapping or appropriating minors (according to the Criminal Code of 1999) or buying and selling persons under 16 years old or swapping persons under one year old or appropriating persons under 16 years old; robbery with the use of weapons; robbery, snatch theft, theft causing serious, very serious, extremely serious consequences (according to the Criminal Code of 1999) or organized robbery, snatch theft, theft causing negative impacts on public security, social order, and safety; resisting public officials causing serious consequences (according to the Criminal Code of 1999) or organized or committing the crime two or more times or inciting, enticing, or instigating others to commit crimes; repeated robbery, repeated snatch theft, repeated theft (two or more times).

9. Committed the crime of robbery or kidnapping for the purpose of obtaining property, with the remaining term of imprisonment exceeding one year for those sentenced to less than seven years' imprisonment, or exceeding two years for those sentenced to between seven and fifteen years' imprisonment, or exceeding three years for those sentenced to more than fifteen years' imprisonment, life imprisonment.

10. Committed drug-related crimes, with the remaining term of imprisonment exceeding six months for those sentenced to three years or less, or exceeding one year for those sentenced to more than three years but less than seven years, or exceeding two years for those sentenced to between seven and fifteen years, or exceeding three years for those sentenced to more than fifteen years, life imprisonment.

11. Committed one of the crimes defined in Chapter on crimes that violate the lives, health, dignity, and reputation of individuals in the Criminal Code, intentionally, with the remaining term of imprisonment exceeding two years for those sentenced to between ten and fifteen years' imprisonment, or exceeding three years for those sentenced to more than fifteen years, life imprisonment.

12. The ringleader, chief organizer, or commander in organized criminal cases; individuals who employ cunning methods and stubbornly resist in organized criminal cases; professional criminals.

13. There is evidence to confirm that they have previously used illegal narcotics.

14. Sentenced to imprisonment for committing three or more crimes, or two or more intentional crimes, including cumulative sentences; or currently serving a cumulative sentence resulting from being sentenced to imprisonment twice or more for the same intentional crime.

15. Have a prior conviction and were subsequently sentenced to imprisonment for an intentional crime.

16. Previously sentenced to imprisonment, including cases where the criminal record has been expunged, or previously placed in compulsory educational facilities, including former educational institutions, or previously placed in juvenile rehabilitation centers and then sentenced to imprisonment for one of the following crimes: Narcotics offenses; murder; intentional infliction of injury; robbery; snatch theft; extortion; fraud; theft; kidnapping for ransom; using computer networks, telecommunications networks, electronic devices to commit property theft; resisting public officials; trafficking women (under the Criminal Code of 1985) or trafficking persons; disturbing public order; receiving stolen goods; usurious lending (under 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 relevant agencies and organizations to prepare files for individuals proposed for special amnesty in special cases under Articles 22 and 23 of the Special Amnesty Law for submission.

Article 6. The Government shall direct the organization of propaganda and dissemination regarding the significance, purpose, and content of special amnesty activities; direct the Ministry of Public Security, the Ministry of National Defense, other governmental agencies, and provincial-level People's Committees to implement special amnesty according to the Special Amnesty Law, the President's Decree on special amnesty in 2025, and guiding documents.

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

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.