Decree No. 52/2019/ND-CP detailing the Law on Special Amnesty

DECREE

Detailing a number of articles of the Law on Special Amnesty^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government,

Pursuant to the November 19, 2018 Law on Special Amnesty

At the proposal of the Minister of Public Security,

The Government promulgates the Decree detailing a number of articles of the Law on Special Amnesty.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details Article 11, Article 19, and Clause 1, Article 21, of the Law on Special Amnesty regarding the implementation of special amnesty decisions, special amnesty conditions and proposal files and the implementation of special amnesty decisions for foreigners, order and procedures for making files, list of persons eligible for special amnesty proposal and appraisal of special amnesty proposal files.

Article 2. Subjects of application

1. Persons who are serving termed imprisonment sentences, persons sentenced to life imprisonment and later commuted to termed imprisonment, and persons currently eligible for suspension from serving imprisonment sentences (below collectively referred to as persons sentenced to imprisonment).

2. Agencies, organizations and citizens of the Socialist Republic of Vietnam; foreigners residing in Vietnam, and foreign and international organizations operating in the territory of the Socialist Republic of Vietnam and involved in special amnesty activities.

Chapter II

SPECIFIC PROVISIONS

Article 3. Implementation of special amnesty decisions

Upon the issuance of the President’s decision on special amnesty and decision on the formation of the Special Amnesty Advisory Council, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of National Defense, Supreme People’s Court, Supreme People’s Procuracy and relevant agencies and organizations in, assisting the Government and Special Amnesty Advisory Council in organizing the implementation of such decisions.

Article 4. Conditions for persons to be proposed for special amnesty

1. A person sentenced to imprisonment who has shown improvements and a good sense of self-reform and therefore been rated as satisfactory or excellent under the law on execution of criminal judgments as prescribed at Point a, Clause 1, Article 11 of the Law on Special Amnesty must be the one who has strictly observed internal rules of a prison, detention camp or custody house, actively participated in rehabilitation study and labor, and rated as satisfactory or excellent at the end of every quarterly rating period while serving his/her imprisonment sentence.

2. A person sentenced to imprisonment who has fulfilled the obligation to return property or pay compensation for damage or other civil obligations under Point dd, Clause 1, Article 11 of the Law on Special Amnesty must be the one who:

a/ Has fulfilled the obligation to return property or pay compensation for damage or other civil obligations under a court judgment or ruling;

b/ Obtains a judgment execution termination decision of the head of a competent civil judgment enforcement agency; or,

c/ Obtains a written request of the judgment creditor or his/her lawful representative for exemption from performing the obligation to return property or pay compensation for damage or other civil obligations under a court judgment or ruling regarding property not owned by the State.