Decree No. 52/2019/ND-CP detailing some provisions of the Special Reprieve Law

DECREE
Detailed provisions on certain articles of the Pardon Law

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Pardon LawJune 2024; November 19, 2018;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates The Decree stipulates detailed provisions on certain articles of the Pardon Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed provisions on Article 11, Article 19, Clause 1 Article 21 of the Pardon Law regarding the implementation of the Pardon Decision, conditions, application for pardon, implementation of the Pardon Decision for foreign nationals, procedures and formalities for establishing files, lists of persons meeting the conditions for being proposed for pardon, and the review of applications for pardon.

Article 2. Applicability

1. Persons currently serving a fixed-term imprisonment sentence, persons sentenced to life imprisonment but have been reduced to a fixed-term imprisonment sentence, persons currently suspended from serving their imprisonment sentence (hereinafter referred to collectively as persons sentenced to imprisonment).

2. Agencies, organizations, citizens of the Socialist Republic of Vietnam; foreigners residing in Vietnam, foreign organizations, international organizations operating within the territory of the Socialist Republic of Vietnam that are related to the pardoning activities.

Chapter II

SPECIFIC PROVISIONS

Article 3. Implementation of the Pardon Decision

When there is a Pardon Decision and a Decision to establish the Advisory Board for Pardons by the President of the State,the Ministry of Public Security shall take the lead and coordinate with the Ministry of National Defense, the Supreme People's Court, the Supreme People's Procuracy, and relevant agencies and organizations to assist the Government and the Advisory Board for Pardons in implementing the Pardon Decision and the Decision to establish the Advisory Board for Pardons.

Article 4. Conditions for persons proposed for pardon

2. Persons sentenced to imprisonment who have fully discharged their obligations to return property, compensate for losses, and fulfill other civil obligations stipulated in Point d Clause 1 Article 11 of the Pardon Law fall under one of the following cases:

a) Have fully discharged their obligations to return property, compensate for losses, and fulfill other civil obligations according to the judgment or decision of the court;

b) There is a decision to suspend enforcement of the judgment issued by the head of the competent civil enforcement agency;

c) There is a written request from the person entitled to enforcement or their lawful representative requesting not to enforce the obligation to return property, compensate for losses, and fulfill other civil obligations according to the judgment or decision of the court concerning property not owned by the state.

3. Persons sentenced to imprisonment who have partially fulfilled their financial obligations, compensated for losses, and fulfilled other civil obligations but due to falling into particularly difficult economic circumstances, they are unable to continue fulfilling the remaining obligations are cases where neither they nor their family have any assets left for enforcement or although they have assets, the value of the assets is only sufficient to cover the costs of compulsory enforcement or the assets are not subject to seizure and sale for enforcement under the law, and they have no income or their income only covers their minimum living expenses.

a) Have taken actions to help the prison camp, detention center, criminal enforcement agency of the county-level public security organ, or the competent authority conducting criminal proceedings discover, arrest, investigate, and prosecute crimes;

b) Saved another person's life or large property (valued at 50 million VND or more) belonging to the state, collective, or citizen during natural disasters or fires;

c) Made valuable inventions, innovations, or achieved outstanding results recognized by the prison camp, detention center, or criminal enforcement agency of the county-level public security organ. A person who has been decided to serve their imprisonment sentence and has made significant contributions during the waiting period before being transferred to the prison camp, detention center, or criminal enforcement agency of the county-level public security organ to serve their sentence is also considered to have made significant contributions during the period of serving the sentence.

7. Persons sentenced to imprisonment who have a particularly difficult family situation and are the sole breadwinner in the family stipulated in Point e Clause 3 Article 11 of the Pardon Law are cases where the family of the person sentenced to imprisonment has fallen into a particularly difficult economic situation due to accidents, illness, natural disasters, fires, or other force majeure events leading to no significant assets left, no income or income below the poverty line standard, or have parents, spouse, children seriously ill for a long time without care, and the person is the sole breadwinner in the family, confirmed by the People's Committee of the commune where the family resides as accurate.

Article 5. Documents for Special Pardon Application

The documents for special pardon application include the documents and materials prescribed in Article 14 of the Special Pardon Law, specifically as follows:

1. The special pardon application form of the person sentenced to imprisonment according to the model issued by the Advisory Board on Special Pardon for each special pardon session.

2. A commitment from the person sentenced to imprisonment not to violate the law, continue to fulfill the obligation to return property, compensate for damages, other civil obligations that have not yet been executed, and comply with additional penalties (if any) according to the model of the Advisory Board on Special Pardon, such as: prohibition from holding certain positions, prohibition from practicing a profession or performing specific tasks; prohibition from residing in certain areas; surveillance; deprivation of certain rights of citizens; confiscation of property; expulsion.

a) A report on the contributions made by the person sentenced to imprisonment; a written recommendation for commendation of the person sentenced to imprisonment by prison staff, detention center staff, or criminal enforcement agencies of the public security department at the district level or investigative agencies using the services of the person sentenced to imprisonment for investigation work; confirmation or a copy of the decision to commend the person sentenced to imprisonment for significant contributions during the execution of the sentence by the prison director, detention center director, head of the criminal enforcement agency of the public security department at the district level, or investigative agencies using the services of the person sentenced to imprisonment for investigation work;

b) Documents proving that the person sentenced to imprisonment is a person who has rendered meritorious service to the revolution according to the laws on preferential treatment for persons who have rendered meritorious service to the revolution; copies of decisions awarding the title of Labor Hero, Hero in the War against America to Save the Nation; copies of Medals and Commendations for Resistance;

In cases where the person sentenced to imprisonment is the father, mother, wife, husband, child of a烈士，或者在革命中得到帮助并获得“国家功勋纪念章”或“为国服务证书”的人，或者抚养烈士的人，在牺牲前居住地的村民委员会或烈士生前工作、学习单位出具证明。如果被判处徒刑的人是烈士的养父、养母、合法收养的孩子，或者获得“国家功勋纪念章”或“为国服务证书”的革命助人者的孩子，或者“越南英雄母亲”的合法收养的孩子，则必须提供由被判处徒刑的人居住地的村民委员会或烈士牺牲前居住地的村民委员会或“越南英雄母亲”居住地的村民委员会出具的确认或收养证明书的复印件；

c) Conclusions of the Medical Appraisal Board or copies of medical records, conclusions of provincial or military region hospitals for persons sentenced to imprisonment suffering from serious illnesses or frequent illnesses, or pregnant persons sentenced to imprisonment; documents proving that persons sentenced to imprisonment suffer from serious illnesses or frequent illnesses are only valid for six months, calculated from the date the prison, detention center, or criminal enforcement agency of the public security department at the district level convenes to examine and establish the special pardon application file;

d) Copies of birth certificates or extracts from court judgments for persons sentenced to imprisonment who were under 18 years old at the time of committing the crime, or those under 18 years old currently serving a sentence, or those aged 70 or older;

e) Copies of birth certificates or copies of birth certificates of children to confirm that the person sentenced to imprisonment is a woman with a child under 36 months old living with her in prison, detention center, or temporary holding facility;

f) Copies of disability certificates issued by the village committee where the person sentenced to imprisonment resided before serving the sentence or the village committee where the person sentenced to imprisonment is serving the sentence; copies of court decisions declaring the person sentenced to imprisonment has difficulties in understanding and controlling their behavior according to civil law regulations;

g) Written confirmation from the competent civil enforcement agency that the person sentenced to imprisonment has partially fulfilled the obligation to return property, compensate for damages, or other civil obligations according to the judgment or decision of the court but has fallen into particularly difficult economic circumstances and cannot continue to fulfill the remaining obligations according to the civil enforcement law and the decision on the inability to enforce the judgment further, confirmed by the local people's committee where the person resides or the civil enforcement agency handling the case;

4. Originals or copies of documents and materials showing that the person sentenced has completed supplementary penalties such as fines, payment of court fees, obligations to return property, compensate for damages, or other civil obligations: receipts, invoices, or other documents showing this, or decisions by the court exempting from fines or court fees, decisions by the head of the competent civil enforcement agency suspending enforcement of the judgment, or agreements by the party entitled to enforcement or their legal representative waiving the obligation to return property, compensate for damages, or other civil obligations according to the judgment or decision of the court, confirmed by the local people's committee where the person resides or the civil enforcement agency handling the case, or other relevant documents showing this.

5. The original or a copy of the document from the enforcement agency agreeing to allow the person sentenced to imprisonment to postpone or not be required to fulfill the obligation of returning property, compensating for damages, or other civil obligations concerning property not owned by the State.

6. For foreign nationals sentenced to imprisonment, there must be a copy of their passport or international travel document and entry visa (if applicable).

8. For individuals sentenced to imprisonment who are currently on a temporary suspension of sentence execution, in addition to the documents specified in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article, they must also have a decision on the temporary suspension of sentence execution; a commentary document from the People's Committee of the commune where they reside or the military unit responsible for managing them regarding their strict compliance with the law during the period of temporary suspension of sentence execution.

Article 6. Implementation of the Amnesty Decision for Foreign Nationals

1. When there is an Amnesty Decision for a foreign national, the Criminal Enforcement Management Agency under the Ministry of Public Security and the Ministry of National Defense shall take the lead and coordinate with the Consular Affairs Bureau under the Ministry of Foreign Affairs to immediately notify the diplomatic mission or consular post of the country of which the amnestied individual is a citizen and request cooperation in implementing the Amnesty Decision.

3. During the waiting period for departure procedures in accordance with the laws on entry, exit, transit, and residence of foreigners in Vietnam, the head of the Criminal Enforcement Management Agency under the Ministry of Public Security and the Ministry of National Defense may consider and decide to allow the foreign national to stay at a designated accommodation facility.

The decision allowing a foreign national to stay at a designated accommodation facility shall be sent to the Consular Affairs Bureau under the Ministry of Foreign Affairs or another agency authorized by the Ministry of Foreign Affairs to inform the diplomatic mission or consular post of the country of which the amnestied individual is a citizen and shall be implemented immediately.

5. The organization and treatment of foreign nationals staying at a designated accommodation facility shall be carried out in accordance with the regulations governing the organization and treatment of individuals staying during the waiting period for departure as stipulated by the laws on criminal enforcement.

6. Once all departure procedures are complete, the Criminal Enforcement Management Agency under the Ministry of Public Security and the Ministry of National Defense shall take the lead and coordinate with the Consular Affairs Bureau under the Ministry of Foreign Affairs or another agency authorized by the Ministry of Foreign Affairs to notify and request the diplomatic mission or consular post of the country of which the amnestied individual is a citizen to cooperate in implementation.

1. Within five days from the date of publication of the Amnesty Decision, the Warden of the prison, the Warden of the temporary detention center, and the Head of the Criminal Enforcement Agency of the provincial police shall organize for convicted prisoners to submit an Application for Amnesty and a Commitment Statement according to the prescribed form.

2. Upon receiving the application for amnesty from persons eligible to be recommended for amnesty, the Warden of the prison, the Warden of the temporary detention center, and the Head of the Criminal Enforcement Agency of the provincial police shall organize a meeting of the prisoner team (group) to discuss, vote secretly, and recommend persons eligible for amnesty if there is a prisoner team (group). The responsible correctional officer of the prisoner team (group) shall have the responsibility to compile the results of the meeting in a minutes record and propose opinions on recommending amnesty for the prisoners under their supervision.

3. Based on the provisions of the law on amnesty, the Amnesty Decision, and the results of the prisoner team (group) meetings, the Warden of the prison, the Warden of the temporary detention center, and the Head of the Criminal Enforcement Agency of the provincial police shall establish a list and file of persons eligible to be recommended for amnesty.

Article 8. Examination of the files for amnesty recommendation

2. When examining the files and lists of persons eligible to be recommended for amnesty, members of the inter-ministerial examination team must compare the amnesty recommendation document with the original file of the person serving a fixed-term imprisonment sentence, the person sentenced to life imprisonment but reduced to a fixed-term imprisonment sentence, and the file of the person whose execution of the imprisonment sentence has been temporarily suspended to ensure accuracy and compliance with the subject and conditions.

3. After examining each file, members of the inter-ministerial examination team shall have the responsibility to clearly record their comments in the section designated for the inter-ministerial examination team in the amnesty recommendation document. In cases where the conditions for recommending amnesty are not met, the reasons must be clearly stated. In cases where there are issues requiring careful consideration, members of the inter-ministerial examination team shall report and bring them to the inter-ministerial examination team for consensus and decision. In cases where consensus cannot be reached, a vote of the members shall be taken, and the percentage of agreement and disagreement with the recommendation for amnesty by the members shall be clearly recorded in the section designated for the inter-ministerial examination team in the amnesty recommendation document.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Decree takes effect from August 1, 2019.

Decree No. 76/2008/NĐ-CP dated July 4, 2008 of the Government detailing certain provisions of the 2007 Amnesty Law ceases to be effective from the date this Decree takes effect.

Article 10. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees, and relevant organizations and individuals are responsible for implementing this Decree./.