Law on Amnesty No. 30/2018/QH14

LAW
AMNESTY

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Amnesty Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates principles, timing, procedures, formalities, authority, responsibilities for implementing amnesty; conditions, rights, and obligations of persons proposed for amnesty; rights and obligations of persons granted amnesty.

Article 2. Applicability

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

2. Agencies, organizations, citizens of the Socialist Republic of Vietnam; foreigners residing in Vietnam, foreign organizations, international organizations 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 is a special act of clemency by the State decided by the President to release from prison before the term persons sentenced to fixed-term imprisonment or life imprisonment on significant events, major holidays of the country, or in special cases.

2. Decision on amnesty is a document issued by the President specifying the timing of amnesty, the subjects, and conditions of persons proposed for amnesty on significant events, major holidays of the country, 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 is an inter-agency organization comprising representatives of relevant agencies and organizations established by the President's decision to implement the Decision on Amnesty and advise and consult the President on amnesty activities.

5. Inter-Agency Verification Team is an inter-agency organization comprising representatives of relevant agencies and organizations established by the Advisory Council for Amnesty to verify the list and files of persons proposed for amnesty.

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, fairness, objectivity, 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 considers and decides on amnesty on significant events, major holidays of the country.

2. The President considers and decides on amnesty in special cases to meet the requirements of internal and external affairs of the State without being dependent on the timing 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 reform themselves to be eligible for amnesty; creates favorable conditions for persons granted amnesty to integrate into society, stabilize their lives, strive to become useful members of society, prevent recidivism, and violations of the law.

Article 7. Prohibited Acts in Implementing Amnesty

1. Exploiting or misusing positions and powers to propose amnesty for persons who do not meet the conditions for amnesty; failing to propose amnesty for persons who meet the conditions for amnesty; obstructing persons sentenced to imprisonment from exercising their right to be proposed for amnesty.

2. Offering, accepting, brokering bribes, or engaging in corruption in the implementation of amnesty.

3. Issuing or confirming certificates, documents related to persons proposed for amnesty contrary to the provisions of the law.

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

5. Forging certificates, documents related to persons proposed for amnesty.

Chapter II
AMNESTY ON SIGNIFICANT EVENTS AND MAJOR HOLIDAYS OF THE COUNTRY

PART 1.
PROCEDURES FOR SUBMITTING TO THE STATE PRESIDENT FOR ISSUANCE AND ANNOUNCEMENT OF THE DECISION ON GRANTING AMNESTY; ESTABLISHING THE ADVISORY BOARD AND INTER-MINISTERIAL REVIEW TEAM FOR GRANTING AMNESTY
ANNOUNCE THE DECISION ON AMNESTY; ESTABLISH THE ADVISORY COUNCIL AND INTER-MINISTERIAL REVIEW BOARD FOR AMNESTY
ESTABLISH THE ADVISORY COUNCIL FOR AMNESTY, AND THE INTER-MINISTERIAL REVIEW BOARD

Article 8. Procedures for submitting to the State President for issuance of the Decision on Granting Amnesty

At the request of the State President or in cases where the Government proposes amnesty and such proposal is accepted by the State President, the Government shall take the lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, and relevant agencies to study and draft the Government's report and the draft Decision on Granting Amnesty. The report and draft Decision on Granting Amnesty must be submitted to the State President at least 60 days before the date of granting amnesty for the State President to consider and issue the Decision on Granting Amnesty.

Article 9. Announcing, Notifying, and Posting the Decision on Granting Amnesty

1. The Office of the State President shall take the lead and coordinate with relevant agencies to immediately announce the Decision on Granting Amnesty. The Decision on Granting Amnesty shall be notified through mass media.

2. After being announced, the Decision on Granting Amnesty shall be posted at detention centers, temporary detention centers, and holding facilities.

Article 10. Establishing the Advisory Board and Inter-Ministerial Review Team for Granting Amnesty

1. When there is a Decision on Granting Amnesty, the State President shall decide to establish the Advisory Board for Granting Amnesty, chaired by a Deputy Prime Minister, and including members who are representatives from the following agencies and organizations:

a) The Supreme People's Court;

b) The Supreme People's Procuracy;

c) The Vietnam Fatherland Front Central Committee;

d) The Ministry of Public Security;

đ) The Ministry of National Defense;

e) The Ministry of Justice;

g) The Ministry of Foreign Affairs;

h) The Office of the Government;

i) The Office of the State President;

k) Other relevant agencies and organizations as decided by the State President when deemed necessary.

2. The Standing Body of the Advisory Board for Granting Amnesty is the Ministry of Public Security.

The Standing Body of the Advisory Board for Granting Amnesty assists the Advisory Board for Granting Amnesty in performing the responsibilities stipulated in Article 35 of this Law.

3. The Inter-Ministerial Review Team shall be established by the Advisory Board for Granting Amnesty, consisting of representatives from the following agencies and organizations:

a) The Supreme People's Court;

b) The Supreme People's Procuracy;

c) The Vietnam Fatherland Front Central Committee;

d) The Ministry of Public Security;

đ) The Ministry of National Defense;

e) The Ministry of Justice;

g) Other relevant agencies and organizations as decided by the Advisory Board for Granting Amnesty when deemed necessary.

PART 2
CONDITIONS, RIGHTS, AND OBLIGATIONS
OF PERSONS PROPOSED FOR GRANTING AMNESTY

Article 11. Conditions of persons proposed for granting amnesty

1. Persons serving a fixed-term imprisonment sentence or those sentenced to life imprisonment but reduced to a fixed-term imprisonment sentence may be proposed for granting amnesty if they meet all of 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 a portion of the imprisonment sentence determined by the State President, but not less than one-third of the term for those sentenced to a fixed-term imprisonment, provided that any reduction in the term of imprisonment prior to this period shall not be counted towards the time already served; having served at least 14 years for those sentenced to life imprisonment and subsequently reduced to a fixed-term imprisonment sentence, provided that any further reduction in the term of imprisonment after the reduction shall not be counted towards the time already served.

Persons convicted of offenses undermining 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 administration; fleeing abroad or remaining abroad with the aim of opposing the people's administration; persons convicted of at least ten years' imprisonment for any of the offenses listed in Chapter on Offenses Affecting Human Life, Health, Dignity, and Reputation in the Penal Code committed intentionally, or seven years' imprisonment for robbery; kidnapping for ransom; illegal production of narcotics; illegal trading in narcotics; possession of narcotics in the Penal Code, have served a portion of the imprisonment sentence determined by the State President, but not less than half of the term for those sentenced to a fixed-term imprisonment, provided that any reduction in the term of imprisonment prior to this period shall not be counted towards the time already served; having served at least 17 years for those sentenced to life imprisonment and subsequently reduced to a fixed-term imprisonment sentence, provided that any further reduction in the term of imprisonment after the reduction shall not be counted towards the time already served;

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

d) Having fully discharged their obligation to return property, compensate for losses, and fulfill other civil obligations resulting from crimes of corruption or other crimes as determined by the State President each time granting amnesty;

đ) Having fully discharged or partially discharged their obligation to return property, compensate for losses, and fulfill other civil obligations, but due to falling into particularly difficult economic circumstances, they are unable to continue discharging the remaining obligations according to the Civil Enforcement Act;

In cases where the obligation to return property, compensate for losses, and fulfill other civil obligations pertains to assets not owned by the State, such obligations must be agreed upon by the person subject to enforcement to postpone enforcement or not to enforce against such assets;

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

g) Not falling under any of the cases specified in Article 12 of this Law.

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

a) Showing significant progress, having good reform consciousness, and being classified as having performed well or very well in serving the sentence according to the Criminal Enforcement Act during the period of 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. Persons meeting all the conditions specified in points a, c, d, đ, e, and g of paragraph 1, and points a, c, and d of paragraph 2 of this Article may have their time served reduced compared to the time specified in point b of paragraph 1 of this Article if they fall under any 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) Persons who have rendered meritorious service to the revolution as prescribed by laws on preferential treatment for persons with meritorious service to the revolution; persons awarded the title of Hero in the resistance war against America to save the country; persons awarded the title "Heroic Laborer"; persons awarded one of the types of Orders or Medals for Resistance; parents, spouses, children of martyrs and persons who raised martyrs when they were young; children of Mothers of Vietnam with Merit; parents, spouses, children of persons who assisted the revolution and were awarded the Commemorative Medal "The State Recognizes Merit" or the 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 disabilities or extremely severe disabilities as prescribed by laws on persons with disabilities; persons having difficulties in understanding and controlling their behavior as prescribed by civil laws;

i) Other cases decided by the President of the State;

4. Persons under 18 years old serving a prison sentence who meet 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 prison sentence has been temporarily suspended and who meet the conditions specified in point g of Clause 1, point a, and point d of Clause 2 of this Article shall be decided by the President of the State to serve a shorter period than that prescribed in point b of Clause 1 of this Article;

5. The Government shall provide detailed regulations on this matter.

Article 12. Cases not eligible for special amnesty;

Persons meeting the conditions stipulated in Article 11 of this Law shall not be eligible for special amnesty if they fall into any of the following categories:

1. Sentenced to imprisonment for treason against the Fatherland; crimes aimed at overthrowing the people's administration; espionage; crimes endangering territorial security; riots; terrorism against the people's administration; destruction of material and technical infrastructure of the Socialist Republic of Vietnam; making, storing, disseminating, or promoting information, documents, or items aimed at opposing the Socialist Republic of Vietnam; disrupting public security; attacking detention facilities; terrorism, or any of the crimes defined in Chapter on Crimes Against Peace, Against Humanity, and War Crimes of the Penal Code;

2. The judgment, part of the judgment, or decision of the court concerning such person is being protested through cassation or retrial procedures with the aim of increasing criminal responsibility;

3. Currently being investigated for criminal responsibility for another crime;

4. Previously granted special amnesty;

5. Having two or more prior convictions;

6. Other cases decided by the President of the State;

Article 13. Rights and Obligations of Persons Eligible for Special Amnesty;

1. To be informed about policies and laws on special amnesty; to be notified of the Decision on special amnesty, guidance documents from competent authorities regarding the conditions for persons eligible for special amnesty, and other relevant information about special amnesty;

2. To contact relatives to collect necessary documents and materials for completing the special amnesty application dossier;

3. To request competent authorities, organizations, or individuals to issue or confirm necessary documents and materials for completing the special amnesty application dossier;

4. To provide documents and materials as required by the competent authority proposing special amnesty; to truthfully report all personal information related to the special amnesty application;

5. To lodge complaints or reports according to Chapter V of this Law;

PART 3
PROCEDURES FOR PROPOSING SPECIAL AMNESTY,
IMPLEMENTATION OF THE DECISION ON SPECIAL AMNESTY

Article 14. Documents for Proposing Pardon

1. Application for pardon.

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

3. Documents proving completion of supplementary penalties involving fines and payment of court fees. In cases where fines and court fees are exempted, there must be a decision from the competent court.

Persons sentenced to imprisonment for offenses specified in Point d Clause 1 Article 11 of this Law must provide documents proving completion of the obligation to return property, compensate losses, or fulfill other civil obligations.

Persons falling under the provisions of Point đ Clause 1 Article 11 of this Law must provide documents proving completion of or partial fulfillment of the obligation to return property, compensate losses, or fulfill other civil obligations, along with a decision from the competent civil enforcement agency regarding the unavailability of conditions for enforcement. If the person subject to enforcement agrees to postpone enforcement or does not request enforcement against assets not owned by the State, a written confirmation from the person subject to enforcement, endorsed by the competent authority, must be provided.

Persons falling under the provisions of Point c Clause 3 Article 11 of this Law must provide a medical examination conclusion from a Medical Board, Provincial Hospital, or Military Zone-level Hospital.

Persons falling under the provisions of Point e Clause 3 Article 11 of this Law must provide a confirmation from the People's Committee of the commune where their family resides.

Persons falling under the provisions of Point h Clause 3 Article 11 of this Law must provide a Disability Certificate from the People's Committee of the commune where the disabled person resides, and a decision from the competent court declaring difficulties in understanding and controlling behavior.

4. A commitment not to violate laws, fully comply with supplementary penalties that are not fines, the obligation to return property, compensate losses, or other civil obligations after being pardoned.

5. The proposal for pardon document from the Warden of the prison, the Warden of the temporary detention center under the Ministry of Public Security, the Ministry of Defense, the Head of the Criminal Enforcement Agency of the provincial public security agency, or the Head of the Criminal Enforcement Agency at the military zone level.

In cases where the person proposed for pardon is currently on a suspended sentence, a proposal for pardon document from the People's Court of the province, the Military Court of the military zone, and a commentary from the People's Committee of the commune or military unit managing such person regarding strict compliance with the law during the period of suspended sentence must be provided.

Article 15. Procedures and Formalities for Establishing Files and Lists of Persons Eligible for Pardon Proposal

1. Immediately after the Pardon Decision is announced and published through mass media, prisons, temporary detention centers, and criminal enforcement agencies at the county level must post and disseminate the information to persons serving sentences.

Within five days from the date of posting and dissemination of the Pardon Decision, persons serving fixed-term imprisonment or life imprisonment reduced to fixed-term imprisonment based on the provisions of Articles 11 and 12 of this Law may submit applications for pardon.

2. Within ten days from the date of posting and dissemination of the Pardon Decision, the establishment of lists and files of persons eligible for pardon proposals shall be carried out as follows:

a) The Warden of the prison under the Ministry of Public Security shall establish lists and files of persons eligible for pardon proposals and send them to the Inter-ministerial Review Team.

b) The Warden of the temporary detention center under the Ministry of Public Security shall establish lists and files of persons eligible for pardon proposals, report to the Head of the direct management agency, and send them to the Inter-ministerial Review Team.

c) The Warden of the temporary detention center under the provincial public security agency or the Head of the criminal enforcement agency at the county level shall establish lists and files of persons eligible for pardon proposals, report to the Head of the provincial criminal enforcement agency, and send them to the Inter-ministerial Review Team.

d) Persons sentenced to imprisonment who are serving sentences in prisons, temporary detention centers, or criminal enforcement agencies at the county level and have been transferred for investigation, prosecution, or trial but are not charged with other criminal acts, if they meet the conditions for proposing pardon, the Warden of the prison, the Warden of the temporary detention center, or the Head of the criminal enforcement agency at the county level managing their original files shall prepare the pardon proposal file. Wardens of temporary detention centers or Heads of criminal enforcement agencies at the county level receiving transferred persons but not managing their original files shall cooperate with the agency managing the original files to prepare the pardon proposal file.

đ) The Warden of the prison, the Warden of the temporary detention center under the Ministry of National Defense, or the Head of the criminal enforcement agency at the military zone level shall establish lists and files of persons eligible for pardon proposals, report to the Head of the criminal enforcement agency under the Ministry of National Defense, and send them to the Inter-ministerial Review Team.

3. Within fifteen days from the date of announcement and publication of the Pardon Decision through mass media, the Chief Judge of the People's Court of the province or the Chief Judge of the Military Court of the military zone, which issued the decision to suspend the execution of the sentence, shall notify the Pardon Decision to persons on suspended sentences, establish lists and files of persons eligible for pardon proposals, and send them to the Inter-ministerial Review Team.

In cases where persons on suspended sentences reside outside the administrative boundaries of the court issuing the suspension decision, the court issuing the suspension decision shall notify the People's Court of the district or the Military Court in the area where the person resides to establish lists and files of persons proposed for pardon, transfer them to the court issuing the suspension decision for consolidation, and send them to the Inter-ministerial Review Team.

4. The Warden of the prison, the Warden of the temporary detention center, the Head of the criminal enforcement agency at the county level, the Chief Judge of the People's Court of the province, and the Chief Judge of the Military Court of the military zone shall be responsible for publicly announcing and posting the list of persons proposed for pardon.

5. The warden of the detention center under the Ministry of Public Security, the Ministry of National Defense, the head of the direct management agency of the temporary detention center under the Ministry of Public Security, the head of the criminal enforcement agency of the provincial public security, the head of the criminal enforcement agency under the military region, the President of the People's Court at the provincial level, and the President of the Military Region People's Court shall notify in writing to the competent prosecution authority as prescribed in Article 30 of this Law about the results of compiling the list and file of persons proposed for special amnesty for inspection before sending them to the Inter-ministerial Review Board.

6. The warden of the detention center under the Ministry of Public Security, the head of the direct management agency of the temporary detention center under the Ministry of Public Security, the head of the criminal enforcement agency of the provincial public security, the head of the criminal enforcement management agency under the Ministry of National Defense, the President of the People's Court at the provincial level, and the President of the Military Region People's Court shall, based on the results of the inter-ministerial review board, compile the list and file of persons meeting the conditions for special amnesty proposal and the list and file of persons not meeting the conditions for special amnesty proposal, and submit them to the Standing Advisory Council for Special Amnesty.

7. The Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy, within their respective duties and powers, shall provide guidance on the implementation of this Article.

Article 16. Review of the Proposal File for Special Amnesty

1. The inter-ministerial review board shall review the list and file of persons proposed for special amnesty within fifteen days from the date the authorized person as prescribed in Clause 2 and Clause 3 of Article 15 of this Law sends the list and file to the inter-ministerial review board.

2. The inter-ministerial review board shall compile the results of the review, prepare a record of the review attached with the list of persons meeting the conditions for special amnesty proposal and the list of persons not meeting the conditions for special amnesty proposal, and send them to the authorized person as prescribed in Clause 2 and Clause 3 of Article 15 of this Law to complete the list and file of persons meeting the conditions for special amnesty proposal according to the review results and transfer it to the Standing Advisory Council for Special Amnesty or report to the competent authority to transfer it to the Standing Advisory Council for Special Amnesty as prescribed in Clause 6 of Article 15 of this Law.

Article 17. Examination, Approval, and Inspection of the Proposal File for Special Amnesty and Submission of the List for Special Amnesty to the President of the State

1. The Standing Advisory Council for Special Amnesty shall collect the list and file of persons meeting the conditions for special amnesty proposal and the list of persons not meeting the conditions for special amnesty proposal established by the authorized person as prescribed in Clause 6 of Article 15 of this Law based on the results of the inter-ministerial review board and transfer the list along with the special amnesty proposal document to the members of the Advisory Council for Special Amnesty for examination.

2. Members of the Advisory Council for Special Amnesty shall study and examine the list and the special amnesty proposal document; if necessary, they may request the Standing Advisory Council for Special Amnesty to explain, submit files, and provide additional materials. The Standing Advisory Council for Special Amnesty shall be responsible for compiling the opinions of the members of the Advisory Council for Special Amnesty, and present them to the Advisory Council for Special Amnesty for consideration and decision.

3. The Advisory Council for Special Amnesty shall organize the approval of the list and file of persons proposed for special amnesty submitted by the Standing Advisory Council for Special Amnesty; compile and establish the list of persons meeting the conditions for special amnesty proposal to submit to the President of the State for consideration and decision.

4. The Office of the President of the State shall review and inspect the list and file of persons proposed by the Advisory Council for Special Amnesty, and submit to the President of the State for decision.

Article 18. Implementation of the Special Amnesty Decision

1. The Office of the President shall take the lead and coordinate with relevant agencies to organize the announcement of the Special Amnesty Decision. The Special Amnesty Decision shall be announced through mass media.

The Special Amnesty Decision and the list of those granted amnesty shall be posted at detention centers, temporary detention centers, and holding facilities where the individuals being amnestied are serving their sentences, and shall be notified in writing to the People's Committee of the commune level where they reside, military units where they work; in cases where the individuals being amnestied are on temporary suspension of serving their prison sentences, the notification shall be made in writing to the People's Committee of the commune level where they reside or military units responsible for managing them.

2. The Warden of the detention center, the Warden of the temporary detention center, the Head of the Criminal Enforcement Agency of the provincial police, the Head of the Criminal Enforcement Agency of the military region, the Chief Justice of the Provincial People's Court, and the Chief Justice of the Military Region People's Court shall organize the announcement and implementation of the Special Amnesty Decision for those being amnestied.

3. The Warden of the detention center under the Ministry of Public Security and the Ministry of National Defense; the Warden of the detention center under the military region shall issue a Certificate of Special Amnesty to individuals serving prison sentences at detention centers and temporary detention centers who have been amnestied.

The Head of the Criminal Enforcement Agency of the provincial police shall issue a Certificate of Special Amnesty to individuals serving prison sentences at temporary detention centers of the provincial police and holding facilities of the county-level police who have been amnestied.

The Head of the Criminal Enforcement Agency of the military region shall issue a Certificate of Special Amnesty to individuals serving prison sentences at temporary detention centers of the military region who have been amnestied.

The Chief Justice of the Provincial People's Court and the Chief Justice of the Military Region People's Court shall issue a Certificate of Special Amnesty to individuals on temporary suspension of serving prison sentences who have been amnestied.

4. The entity issuing the Certificate of Special Amnesty shall be responsible for sending a copy of the certificate to the National Criminal Record Center, the court that issued the enforcement decision, the agency responsible for enforcing supplementary penalties, the civil enforcement agency that issued the decision without conditions for enforcement, the Criminal Enforcement Agency of the county-level police, the People's Committee of the commune level, organizations, and military units where the individuals being amnestied reside or work, and the agency receiving the deported person.

In cases where the place of residence of the individual being amnestied cannot be determined, the entity issuing the Certificate of Special Amnesty shall be responsible for contacting the People's Committee of the commune level or organizations and military units to accept the individual being amnestied and send a copy of the certificate to the People's Committee of the commune level where the individual will reside or the agency, organization, or military unit where the individual will work.

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

1. When there is a Special Amnesty Decision for foreign nationals, the Ministry of Public Security and the Ministry of National Defense shall take the lead and coordinate with the Ministry of Foreign Affairs to notify the diplomatic and consular agencies of the country of which the individual being amnestied is a citizen and request cooperation in implementing the Special Amnesty Decision.

2. The Government shall provide detailed regulations for this Article.

Article 20. Rights and Obligations of Individuals Being Amnestied

1. Individuals being amnestied have the following rights:

a) To be issued a Certificate of Special Amnesty;

b) To receive assistance from local authorities, agencies, organizations, and units related to integration into family and community life, employment opportunities, and stable living conditions;

c) To enjoy other rights as if they had completed their prison sentences according to the law.

2. Individuals being amnestied have the following obligations:

a) To present the Certificate of Special Amnesty to the People's Committee of the commune level or organizations and military units where they reside or work;

b) To fulfill all obligations they have committed to;

c) To strictly comply with the law.

3. Foreign nationals being amnestied shall have the rights specified in points a and c of Clause 1 of this Article and must fulfill the obligations specified in points b and c of Clause 2 of this Article.

Article 21. Detailed regulations and guidance on the dossier for special amnesty, procedures and formalities for compiling lists, reviewing, and examining dossiers for special amnesty.

1. The Government shall provide detailed regulations on the dossier for special amnesty, procedures and formalities for compiling lists, reviewing, and examining such lists and dossiers, and implementing the Decision on special 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 to implement the compilation of lists and the examination of dossiers for special amnesty.

Chapter III
SPECIAL AMNESTY IN SPECIAL CASES

Article 22. Persons granted special amnesty in special cases

In special cases to meet domestic and foreign requirements of the State, the President may decide to grant special amnesty to persons serving fixed-term imprisonment sentences, those whose execution of imprisonment sentences has been suspended, those whose execution of imprisonment sentences has been temporarily halted, and those serving life imprisonment sentences without being subject to the conditions stipulated in Articles 11 and 12 of this Law.

Article 23. Procedures and formalities for compiling dossiers for special amnesty in special cases

1. At the request of the President or when the Government’s proposal for special amnesty is accepted by the President, 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 compile dossiers for special amnesty to be submitted to the President for consideration and decision.

2. The Ministry of Public Security shall be responsible for compiling dossiers for special amnesty for persons serving fixed-term imprisonment sentences and life imprisonment sentences, and report to the Government to submit to the President for consideration and decision.

The Supreme People's Court shall be responsible for compiling dossiers for special amnesty for persons whose execution of imprisonment sentences has been suspended and those whose execution of imprisonment sentences has been temporarily halted, and submit them to the Government to present to the President for consideration and decision.

3. The Office of the President shall review and check the dossiers of persons proposed for special amnesty and submit them to the President for decision.

Article 24. Implementation of Decisions on special amnesty in special cases

1. Within their respective functions and powers, the Government, the Supreme People's Court, and the Supreme People's Procuracy shall be responsible for organizing the implementation of Decisions on special amnesty in special cases.

2. The implementation of Decisions on special amnesty for foreigners in special cases shall be carried out in accordance with the provisions of Article 19 of this Law.

3. Persons granted special amnesty in special cases shall have the rights and obligations stipulated in Article 20 of this Law.

Chapter IV
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS
IN THE IMPLEMENTATION OF SPECIAL AMNESTY

Article 25. Responsibilities of the Government

1. Propose to the President to grant amnesty on major national events, important holidays, and in special cases.

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

3. Direct the Ministry of Public Security, the Ministry of National Defense, other governmental agencies, and provincial-level People's Committees to implement amnesty according to the provisions of this Law.

Article 26. Responsibilities of the Office of the President

1. Review and check the lists and dossiers of persons proposed for special amnesty by the Advisory Council or the Government, and submit them to the President for decision.

2. Take the lead and coordinate with relevant agencies to organize the announcement of Decisions on special amnesty and Decisions on amnesty.

3. Perform other tasks related to amnesty assigned by the President.

Article 27. Responsibilities of the Ministry of Public Security

1. Take the lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Vietnam Fatherland Front Central Committee, the Ministry of Justice, and relevant agencies to inspect the implementation of amnesty at prisons, detention centers, and criminal enforcement agencies under provincial and district public security departments.

2. Guide, inspect, and urge prison directors under the Ministry of Public Security and heads of criminal enforcement agencies under provincial public security departments to implement the compilation of lists and dossiers for special amnesty, organize the implementation of Decisions on special amnesty and Decisions on amnesty according to the provisions of this Law.

3. Direct public security agencies at all levels to cooperate with relevant agencies and organizations in managing, educating, and assisting persons released from special amnesty to reintegrate into society, stabilize their lives, and prevent recidivism and violations of the law.

Article 28. Responsibilities of the Ministry of National Defense

Directing, inspecting, urging the prison wardens under the Ministry of National Defense and the heads of criminal enforcement agencies at military zones to establish lists and files for special amnesty applications, organize the implementation of special amnesty decisions as stipulated in this Law.

Article 29. Responsibilities of the Supreme People's Court

1. Cooperating with the Government, the Supreme People's Procuracy, the Vietnam Fatherland Front Central Committee, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, and other relevant agencies and organizations in special amnesty activities.

2. Directing, inspecting, urging provincial-level people's courts, district-level people's courts, military courts at military zones, and military regional courts to establish lists and files for special amnesty applications, organize the implementation of special amnesty decisions as stipulated in this Law.

Article 30. Responsibilities of the Supreme People's Procuracy

1. Directly supervising the establishment of special amnesty application files and the implementation of special amnesty decisions at prisons and detention centers under the Ministry of Public Security and the Ministry of National Defense as specified in Clause 1, Points a, b, d, and đ Clause 2, Clause 4 Article 15 and Article 18 of this Law. When deemed necessary, directly supervise the establishment of special amnesty application files and the implementation of special amnesty decisions at provincial-level public security detention centers, military zone detention centers, criminal enforcement agencies of provincial-level public security departments, provincial-level people's courts, and military courts at military zones within the supervision authority of provincial-level people's procuracies and military zone-level military procuracies as specified in Clause 2 of this Article.

2. Directing, inspecting, urging provincial-level people's procuracies and military zone-level military procuracies to supervise the establishment of special amnesty application files and the implementation of special amnesty decisions at provincial-level public security detention centers, military zone detention centers, criminal enforcement agencies of provincial-level public security departments, provincial-level people's courts, and military courts at military zones as specified in Clause 1, Point c, d, and đ Clause 2, Clause 3, and Clause 4 Article 15 and Article 18 of this Law.

3. Implementing and guiding the exercise of rights to request and make recommendations during the supervision of the establishment of special amnesty application files and the implementation of special amnesty decisions; supervising the handling of complaints as stipulated in Article 37 of this Law.

Article 31. Responsibilities of the Ministry of Justice

1. Directing civil enforcement agencies to cooperate with prisons, detention centers, criminal enforcement agencies of provincial and district-level public security departments, military zone criminal enforcement agencies, provincial-level people's courts, district-level people's courts, military courts at military zones, military regional courts, provincial-level people's procuracies, district-level people's procuracies, military zone-level military procuracies, and military regional procuracies in the following matters:

a) Providing information and related documents concerning civil obligations in criminal judgments and decisions of persons eligible for special amnesty applications;

b) Receiving and transferring money, property, and other civil obligations that have been paid by individuals subject to monetary penalties, confiscation of assets, compensation for damages, and other civil obligations.

2. Cooperating with the Supreme People's Court, the Supreme People's Procuracy, the Vietnam Fatherland Front Central Committee, the Ministry of Public Security, the Ministry of National Defense, and other relevant agencies and organizations in implementing other activities related to special amnesty work as stipulated in this Law.

Article 32. Responsibilities of the Ministry of Foreign Affairs

1. Propose the Government to submit to the President for consideration and decision on amnesty for foreign nationals specified in Article 22 of this Law in accordance with Article 23 of this Law.

2. Coordinate with the Ministry of Public Security, the Ministry of National Defense, and relevant ministries and agencies to carry out external propaganda on amnesty work; coordinate in implementing the amnesty decision for foreign nationals who have been granted amnesty and perform other activities related to amnesty work as prescribed by this Law.

Article 33. Responsibilities of People's Committees at all levels and relevant agencies and organizations

1. Promote, disseminate, and educate the law on amnesty and the amnesty decision.

2. Provide information and documents related to personal background; issue certificates confirming compliance with policies and laws, family circumstances, or other necessary documents of persons meeting the conditions for amnesty recommendation.

3. Receive and assist persons granted amnesty to reintegrate into their families and communities, create employment opportunities, stabilize their lives, become useful members of society, and prevent recidivism and law violations.

4. The Government shall provide detailed regulations for Clause 3 of this Article.

Article 34. Responsibilities of the Vietnam Fatherland Front and its member organizations

1. Coordinate with relevant agencies and organizations to promote and disseminate the law on amnesty and the amnesty decision.

2. Coordinate with local authorities to assist persons granted amnesty to reintegrate into their families and communities, create employment opportunities, stabilize their lives, become useful members of society, and prevent recidivism and law violations.

3. Supervise the implementation of the law on amnesty as prescribed by law.

Article 35. Responsibilities of the Advisory Council on Amnesty

1. Organize the implementation of the amnesty decision.

2. Review and approve the dossier of amnesty recommendations, list of persons meeting the conditions for amnesty recommendation, and list of persons not meeting the conditions for amnesty recommendation submitted by the Standing Advisory Council on Amnesty.

3. Compile and establish a list of persons meeting the conditions for amnesty recommendation to be submitted to the President for consideration and decision.

4. Perform other tasks related to amnesty assigned by the President.

Chapter V
PETITIONS AND COMPLAINTS IN THE IMPLEMENTATION OF AMNESTY

Article 36. Petitions regarding the establishment of the list of persons meeting the conditions for amnesty recommendation on significant national events and major holidays

1. Persons requesting amnesty have the right to petition if they meet the conditions for amnesty recommendation but are not included in the list of persons meeting the conditions for amnesty recommendation by the Prison Warden, Temporary Detention Center Warden under the Ministry of Public Security, Ministry of National Defense, Head of the Criminal Enforcement Agency of the Provincial Police, Head of the Military Region Criminal Enforcement Agency, Chief Justice of the Provincial People's Court, Chief Justice of the Military Region People's Court.

2. The petitioner may file a petition themselves or through a legally authorized representative to the authority specified in Clause 1 of Article 37 of this Law.

3. The deadline for filing a petition is five days from the date of announcement or posting of the list of persons meeting the conditions for amnesty recommendation as stipulated in Clause 4 of Article 15 of this Law.

Article 37. Competence and Time Limit for Handling Complaints

1. The Warden of the Detention Center, the Warden of the Temporary Detention Center under the Ministry of National Defense, the Head of the Direct Management Agency of the Temporary Detention Center under the Ministry of Public Security, the Head of the Criminal Enforcement Agency of the Provincial Public Security, the Head of the Criminal Enforcement Agency of the Military Region, the Chief Justice of the People's Court at the provincial level, and the Chief Justice of the Military Region People's Court shall be responsible for handling complaints within five days from the date of receipt of the complaint.

The decision on handling the complaint must be immediately sent to the complainant and the Office of the Inspector who has conducted supervision over the establishment of the file and the list of persons meeting the conditions for special amnesty as stipulated in this Law.

2. In case the complainant disagrees with the decision on handling the complaint made by the competent authority as prescribed in Clause 1 of this Article, within five days from the date of receipt of the Decision on Handling the Complaint, the complainant has the right to continue lodging a complaint to the Minister of Public Security, the Minister of National Defense, and the Chief Justice of the Supreme People's Court; the Office of the Inspector as prescribed in Clause 1 of this Article has the right to make recommendations to the Minister of Public Security, the Minister of National Defense, and the Chief Justice of the Supreme People's Court.

Within five days from the date of receipt of the complaint or recommendation, the Minister of Public Security, the Minister of National Defense, and the Chief Justice of the Supreme People's Court shall be responsible for handling it; if they accept the complaint or recommendation, they shall include the person in the list of those meeting the conditions for special amnesty; if they do not accept it, they shall include the person in the list of those not meeting the conditions for special amnesty; at the same time, they shall notify the complainant and the recommending Office of the Inspector in writing.

Article 38. Reporting Violations of Law in Implementing Special Amnesty

Any individual has the right to report violations of law in implementing special amnesty. The reporting and handling of reports in implementing special amnesty shall be carried out in accordance with the provisions of the law on reporting.

Chapter VI
IMPLEMENTING PROVISIONS

Article 39. Effective date

1. This Law takes effect from July 1, 2019.

2. The Special Amnesty Law No. 07/2007/QH12 ceases to be effective from the date this Law takes effect.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 14th term, the sixth session, on November 19, 2018.