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Law on Special Amnesty, Law No. 30/2018/QH14

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Law on Special Amnesty, Law No. 30/2018/QH14
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ATTRIBUTE Law on Special Amnesty

Law No. 30/2018/QH14 dated November 19, 2018 of the National Assembly on Special Amnesty
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
Known

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Official number:30/2018/QH14Signer:Nguyen Thi Kim Ngan
Type:LawExpiry date:Updating
Issuing date:19/11/2018Effect status:
Known

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Fields:Justice

SUMMARY

Not propose special amnesty for person who is convicted of rebellion, terrorism

On November 19, 2018, the National Assembly ratifies Law No. 30/2018/QH14 on Special amnesty, within that there are many detailed regulations on condition for being proposed for special amnesty with person who is convicted of offenses against human life, health, dignity and honor or illegal deal in narcotic substances…

Besides some condition such as having well observed regulations and rules of prisons or detention camps; completely served their additional penalties…, in order to be proposed for special amnesty, he/she must served his/her imprisonment term for a period of time.

To be specific: In a case where he/she was sentenced to at least 10 years’ imprisonment for one of offense prescribed in the Chapter “Offenses against human life, health, dignity and honor” or he/she was sentenced to at least 07 years’ imprisonment for robbery; kidnapping for ransom; illegal manufacturing of narcotic substances; illegal deal in narcotic substances, he/she must represent at least one third of his/her imprisonment term (if he/she is sentenced for a defined period of time) or at least 17 years, for life imprisonment commuted to term imprisonment…

In addition, this Law also supplements some cases not proposed for special amnesty, include: He/she is convicted of high treason; activities against the people's Government; rebellion; disruption of security; disruption of detention facilities…

This Law takes effect on July 01, 2019.

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Effect status: Known

THE PRESIDENT

No. 09/2018/L-CTN

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Hanoi, December 3, 2018

Order

On the promulgation of law(*)

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Special Amnesty,

which was passed on November 19, 2018, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 6th session.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

THE NATIONAL ASSEMBLY

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 30/2018/QH14

LAW ON SPECIAL AMNESTY[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Special Amnesty.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes the principles, time, order, procedures, competence and responsibilities for effecting special amnesty; conditions, rights and obligations of persons to be proposed for special amnesty; and rights and obligations of persons granted with special amnesty.

Article 2. Subjects of application

1. Persons sentenced to termed imprisonment or life imprisonment.

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

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Special amnesty means a special leniency granted by the State under the President’s decisions to release from prisons ahead of time persons sentenced to termed imprisonment or life imprisonment on the occasion of great national events or anniversaries, or in special cases.

2. Decision on special amnesty means a document promulgated by the President, stipulating the time of special amnesty, eligible subjects, conditions that must be met by persons proposed for special amnesty on the occasion of great national events or anniversaries, and responsibilities of agencies and organizations in effecting special amnesty.

[1] Công Báo Nos 1133-1134 (22/12/2018)

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LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

VIETNAMESE DOCUMENTS

Law 30/2018/QH14 DOC (Word)
Law 30/2018/QH14 PDF (Original)

ENGLISH DOCUMENTS

Official Gazette
Law 30/2018/QH14 PDF

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