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.

3. A person sentenced to imprisonment who has performed part of the obligation to return property or pay compensation for damage or other civil obligations but, due to particularly difficult economic circumstances, cannot fulfill the obligation, must be the one falling into a case in which he/she and his/her family have no property for judgment execution or have property the value of which is sufficient only for paying expenses for judgment enforcement or property not allowed to be distrained and disposed of for judgment execution and have no income or have income which can only ensure minimum living standards for himself/herself and persons whom he/she shall nurture.

4. A person sentenced to imprisonment who has recorded a feat during the period of serving his/her imprisonment sentence as prescribed at Point a, Clause 3, Article 11 of the Law on Special Amnesty must be the one who:

a/ Has helped the prison, detention camp, criminal judgment enforcement agency of a district-level police office or body competent to conduct the criminal proceedings in detecting, pursuing, investigating and handling offenses;

b/ Has saved another person’s life or salvaged property (worth at least VND 50 million) of the State, collectives or citizens in a natural disaster or fire; or,

c/ Has made a high-value invention or innovation or recorded an exceptionally outstanding achievement as certified by the prison, detention camp or criminal judgment enforcement agency of a district-level police office.

A person that has received a decision on execution of the imprisonment sentence and recorded a feat while waiting to be taken to the prison, detention camp or criminal judgment enforcement agency of a district-level police office to serve his/her imprisonment sentence may also be regarded as having recorded a feat while serving his/her imprisonment sentence.

5. A person sentenced to imprisonment and currently suffering a dangerous disease as prescribed at Point c, Clause 3, Article 11 of the Law on Special Amnesty must be the one who suffers one of the following diseases: final-stage cancer, paralysis, drug-resistant tuberculosis, cervical cirrhosis, heart failure of class III or higher class, kidney failure of class IV or higher class, clinical stage-4 HIV-related opportunistic infection with a poor prognosis and high risk of death which renders him/her unable to support himself/herself, or other illnesses which a medical examination council, provincial-level or military zone-level or higher-level hospital concluded in writing might render him/her unable to support himself/herself and facing a high risk of death.

6. A person sentenced to imprisonment and currently suffering chronic ailment and unable to support himself/herself as prescribed at Point c, Clause 3, Article 11 of the Law on Special Amnesty must be the one who has been treated at an infirmary or a hospital for at least 3 consecutive months or treated  not continuously at a hospital for at least three times with each time lasting at least 1 month and unable to support himself/herself, as concluded in writing by a medical examination council, provincial-level or military zone-level or higher level hospital.

7. A person sentenced to imprisonment and encountering a particularly difficult economic circumstance while being the only breadwinner in the family as prescribed at Point e, Clause 3, Article 11 of the Law on Special Amnesty must be the one sentenced to imprisonment whose family is confirmed by the commune-level People’s Committee as encountering an extremely difficult economic circumstance due to an accident, illness, natural disaster or fire or anotherforce majeureevent that leaves them no significant property, or who has no income or has income below the poverty line, or has a birth parent, spouse or an offspring suffering chronic ailment without any help while being the only breadwinner in the family.

Article 5.Special amnesty proposal files

A special amnesty proposal file must comprise the papers and documents as specified in Article 14 of the Law on Special Amnesty, specifically as follows:

1. A special amnesty application of the person sentenced to imprisonment, made according to a form issued by the Special Amnesty Advisory Council for the special amnesty.

2. A written commitment of a person sentenced to imprisonment not to violate law and continue discharging the obligation to return property or pay compensation for damage or other civil obligations that have not yet been fulfilled and serving other additional penalties (if any), made according to a form issued by the Special Amnesty Advisory Council, such as ban from holding certain positions, practicing certain professions or doing certain jobs; residence ban; probation; deprivation of certain civil rights; property confiscation; and expulsion.

3. For aperson sentenced to imprisonment who is the one having recorded a feat while serving his/her imprisonment sentence; a person with meritorious services to the revolution or his/her relative; suffers a dangerous disease or chronic ailment and unable to support himself/herself; is aged under 18 years by the time of crime commission; is aged under 18 years while serving his/her imprisonment sentence; is aged 70 years or older; is a pregnant woman or woman nursing her child aged under 36 months in a prison, detention camp or custody house; is encountering a particularly difficult family circumstance while being the only breadwinner in the family; has severe or particularly severe disabilities; or has difficulty recognizing and controlling his/her acts, the following evidencing documents are required:

a/ His/her statement of the merit; a written proposal on commendation of his/her merit, made by the superintendent of the prison, detention camp or criminal judgment enforcement agency of a district-level police office or investigative agency using him/her to serve the investigation;a written certification or copy of a decision on commendation of the merit he/she has made while serving his/her imprisonment sentence, issued by the superintendent of the prison or detention camp or head of the criminal judgment enforcement agency of a district-level police office or the investigative agency using him/her to serve investigation;

b/ Documents evidencing that he/she is a person with meritorious services to the revolution under the law on preferential treatment of persons with meritorious services; a copy of the decision on conferment of “Labor Hero” or “Brave Combatant” title in the anti-US resistance war; a duplicate of Resistance War Order or Medal;

A person sentenced to imprisonment who is a parent, spouse or an offspring of a fallen hero; a person with meritorious services to the revolution awarded the memorial medal “Fatherland’s recognition of merits” or certificate “Honoring service to the nation”; or a person who has raised the fallen hero when the latter was young is required to obtain a written certification of, or copies of evidencing documents certified by, the commune-level People’s Committee of the locality where the person sentenced to imprisonment resides before committing the crime, or the unit where the person sentenced to imprisonment worked or studied before committing the crime. A person sentenced to imprisonment who is an adoptive parent or an adopted child of a fallen hero; a person with meritorious services to the revolution and awarded the memorial medal “Fatherland’s recognition of merits” or certificate “Honoring service to the nation”; or an adopted child of a Vietnamese Heroic Mother is required to obtain a written certification of, or a copy of the adoption certificate granted by, the commune-level People’s Committee of the locality where the person sentenced to imprisonment resides, where the fallen soldier resides before sacrificing his/her life to the nation, or where the Vietnamese Heroic Mother resides;

c/ Conclusions of a medical examination council or a copy of medical records or conclusions of a provincial-level, military zone-level or higher-level hospital are required for a person sentenced to imprisonment and suffering a dangerous disease or chronic ailment or being pregnant;

Documents evidencing that the person sentenced to imprisonment and suffering a dangerous disease or chronic ailment are only valid for 6 months counting to the date the council for consideration of special amnesty proposals of a prison, detention camp or criminal judgment enforcement agency of a provincial-level police office organizes a meeting to consider or make special amnesty proposal files.

d/ A copy of the birth certificate or a duplicate of part of a court judgment for a person sentenced to imprisonment who is aged under 18 years by the time of crime commission, an under-18 person currently serving his/her imprisonment sentence, or a person aged 70 years or older;

dd/ A copy of the birth certificate of a child for identifying a person sentenced to imprisonment as a woman nursing her child aged under 36 months in a prison, detention camp or custody house;

e/ A copy of the disability certificate for persons with severe disabilities or extremely severe disabilities granted by the commune-level People’s Committee of the locality where the person sentenced to imprisonment resides before executing the judgment or where the person sentenced to imprisonment is currently executing the judgment; or a copy of the competent court’s ruling declaring that the person sentenced to imprisonment has difficulty recognizing and controlling his/her acts as prescribed in the civil law;

g/ The competent civil judgment enforcement agency’s written certification that the person sentenced to imprisonment has performed part of the obligation to return property or pay compensation for damage or other civil obligations under a court judgment or ruling but encountering a particularly difficult economic circumstance that renders him/her unable to fulfill the obligation as prescribed by the law on execution of civil judgments and decision on inability to execute the judgment.

4. The original or copies of documents evidencing the complete service by the person sentenced to imprisonment of an additional penalty which is fine or full payment of legal costs, or the obligation to return property or pay compensation for damage or other civil obligations, such as receipts, invoices or vouchers, a court’s ruling on exemption from fine or payment of legal costs; a judgment execution termination decision issued by the head of a competent civil judgment enforcement agency or an agreement of a judgment creditor or his/her lawful representative on unrequested performance of the obligation to return property or pay compensation for damage or other civil obligations under a court judgment or ruling, as certified by the commune-level People’s Committee of the locality where the person sentenced to imprisonment resides or the civil judgment enforcement agency is accepting the case, or other relevant documents or papers.

5. The original or copies of documents in which the judgment creditor agrees to allow the person sentenced to imprisonment to postpone the judgment execution or not to request the discharge of the obligation to return property or pay compensation for damage or other civil obligations regarding property not owned by the State.

6. A foreigner sentenced to imprisonment must produce a copy of his/her passport or international travel document and entry visa (if any).

7. A written proposal on special amnesty of the council for consideration of special amnesty proposals or for making special amnesty proposals of a prison, detention camp or criminal judgment enforcement agency of a district-level police office, provincial-level people’s court or military court of the military zone, made according to the form issued by the Special Amnesty Advisory Council for the special amnesty.

8. In addition to the documents specified at Points 1 thru7 of this Article, a person sentenced to imprisonment and currently eligible for suspension from serving his/her imprisonment sentence must obtain a decision on suspension from serving imprisonment sentences; and written remarks of the commune-level People’s Committee or military unit assigned to manage him/her in terms of his/her law observance during the period of suspension from serving the imprisonment sentence.

Article 6.Implementation of special amnesty decisions for foreigners

1. Upon the issuance of a special amnesty decision for a foreigner, a criminal judgment enforcement management agency of the Ministry of Public Security or Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Consular Department of the Ministry of Foreign Affairs in, notifying such decision to the diplomatic mission or consulate of the country of which the special amnesty grantee is a citizen for coordinated implementation.

2. After publicizing a special amnesty decision, a prison, detention camp or criminal judgment enforcement agency of a district-level police office shall release from prison the foreigner subject to such decision and notify such to the Consular Department of the Ministry of Foreign Affairs or another agency authorized by the Ministry of Foreign Affairs for notification to the diplomatic mission or consulate of the country of which the special amnesty grantee is a citizen.

3. A sspecial amnesty grantee being a foreigner while waiting for completion of the exit procedures under the law on foreigners’ entry into, exit from, transit through and residence in Vietnam may be permitted for temporary residence at an accommodation establishment by the head of the criminal judgment enforcement management agency of the Ministry of Public Security or Ministry of National Defense.

A decision on temporary residence of a special amnesty grantee being a foreigner at an accommodation establishment shall be sent to the Consular Department of the Ministry of Foreign Affairs or another agency authorized by the Ministry of Foreign Affairs for notification to the diplomatic mission or consulate of the country of which the special amnesty grantee is a citizen for prompt implementation.

4. Prisons, detention camps or criminal judgment enforcement agencies of district-level police offices shall transfer special amnesty grantees being foreigners to accommodation establishments under the law on execution of criminal judgments and decisions on temporary residence of special amnesty grantees being foreigners at accommodation establishments.

5. The management of and regimes for special amnesty grantees being foreigners temporarily residing at accommodation establishments must comply with the regulations on management of, and regimes for, temporary residents pending their exit under the law on execution of criminal judgments.

6. After the exit procedures are completed, the criminal judgment enforcement management agency of the Ministry of Public Security or Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Consular Department of the Ministry of Foreign Affairs or another agency authorized by the Ministry of Foreign Affairs in, notifying and requesting diplomatic missions or consulates of the countries of which special amnesty grantees are citizens for coordinated implementation.

Article 7.Order and procedures for making files, lists of persons eligible for special amnesty proposal

1. Within 5 days after a decision on special amnesty is posted or publicized, the superintendent of a prison or detention camp or the head of a criminal judgment enforcement agency of a district-level police office shall help a person sentenced to imprisonment write a special amnesty application and commitment according to set forms.

2. After receiving a special amnesty application of a person eligible for special amnesty proposal, the superintendent of a prison or detention camp, or the head of a criminal judgment enforcement agency of a district-level police office shall organize meetings for groups of inmates to comment, cast secret votes and introduce a person to be proposed for special amnesty if there is such a group. The superintendent in charge of the group of inmates shall sum up in writing the meeting’s results and propose his/her opinions on special amnesty proposal for persons sentenced to imprisonment under his/her management.

3. Based on regulations on special amnesty, decisions on special amnesty and results of meetings of the group of inmates, superintendents of prisons or detention camps, or heads of criminal judgment enforcement agencies of district-level police offices, shall make lists and files of persons eligible for special amnesty proposal.

Article 8.Appraisal of special amnesty proposal files

1. The Interdisciplinary Appraisal Group shall work directly with superintendents of prisons or detention  camps under the Ministry of Public Security, heads of criminal judgment enforcement agencies of provincial-level police departments, the head of the criminal judgment enforcement agency of the Ministry of National Defense, chief justices of provincial-level people’s courts, or chief justices of military courts of military zones to hear reports on results of the consideration of special amnesty proposals and appraise dossiers and lists of persons eligible therefor.

2. When appraising dossiers and files of persons eligible for special amnesty proposal, members of the interdisciplinary appraisal group shall compare written proposals on special amnesty with original files of persons currently serving termed imprisonment sentences and persons sentenced to life imprisonment already commuted to termed imprisonment and files of persons currently eligible for suspension from serving imprisonment sentences to ensure accuracy, accurate eligible subjects and prescribed conditions.

3. After appraising a dossier, members of the interdisciplinary appraisal group shall write clearly the group’s opinions in the section reserved for opinions of written proposals for special amnesty and clearly state reasons for cases failing to satisfy the conditions for special amnesty proposal.

If there remain problems or careful considerations are required, members of the interdisciplinary appraisal group shall report such problems or requirements to the group for the latter’s consensus and decision. If no consensus can be reached, members’ votes shall be collected with the percentages of votes for and votes against special amnesty proposals clearly stated in the section reserved for the group’s opinions in written proposals on special amnesty.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9.Effect

This Decree takes effect on August 1, 2019.

The Government’s Decree No. 76/2008/ND-CP of July 4, 2008, detailing a number of articles of the 2007 Law on Special Amnesty, ceases to be effective on the effective date of this Decree.

Article 10.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC