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

THE PRESIDENT

Order No. 09/2018/L-CTN dated December 3, 2018 of the President 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 XIV^thNational Assembly of the Socialist Republic of Vietnam at its 6^thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

THE NATIONAL ASSEMBLY

Law No. 30/2018/QH14 of the National Assembly 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 amnestymeans 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 amnestymeans 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.

3.Special amnesty decisionmeans the President’s document deciding to release from prisons ahead of time persons sentenced to termed imprisonment or life imprisonment.

4.Special Amnesty Advisory Councilmeans an interdisciplinary organization composed of representatives of leaders of related agencies and organizations, which is set up under the President’s decision to implement the President’s decisions on special amnesty and to advise the President on special amnesty activities.

5.Interdisciplinary Appraisal Groupmeans an interdisciplinary organization composed of representatives of related agencies and organizations, which is set up by the Special Amnesty Advisory Council to appraise the list of persons proposed for special amnesty and their files.

Article 4.Principles of effecting special amnesty

1. To comply with the Constitution and law and ensure the interests of the State and lawful rights and interests of organizations and individuals.

2. To ensure democracy, fairness, objectivity, publicity and transparency.

3. To meet the requirements of internal and external relations, national security and social order and safety.

Article 5.Time of granting special amnesty

1. The President shall consider and decide to grant special amnesty on the occasion of great national events or anniversaries.

2. In special cases, the President shall consider and decide to grant special amnesty to meet the requirements of the State’s internal and external relations, regardless of the time referred to in Clause 1 of this Article.

Article 6.State policies on special amnesty

The State shall encourage persons sentenced to imprisonment to show repentance and actively participate in rehabilitation study and labor in order to be granted special amnesty; and help special amnesty grantees reintegrate into the community, stabilize their life and strive to become citizens useful for society, preventing their relapse into crimes and illegal acts.

Article 7.Prohibited acts in effecting special amnesty

1. Taking advantage of or abusing positions or powers to propose special amnesty for ineligible persons; failing to propose special amnesty for eligible persons; or obstructing persons sentenced to imprisonment from exercising their right to special amnesty proposal.

2. Giving or taking bribes, mediating bribery or causing harassment in effecting special amnesty.

3. Issuing or certifying papers or documents related to persons proposed for special amnesty in contravention of law.

4. Refusing to issue or certify papers or documents which, as prescribed by law, should be issued to or certified for persons proposed for special amnesty.

5. Forging papers or documents related to persons proposed for special amnesty.

Chapter II

SPECIAL AMNESTY ON THE OCCASION OF GREAT NATIONAL EVENTS OR ANNIVERSARIES

Section 1

ORDER AND PROCEDURES FOR PROPOSING THE PRESIDENT TO PROMULGATE AND PUBLICIZE DECISIONS ON SPECIAL AMNESTY; ESTABLISHMENT OF THE SPECIAL AMNESTY ADVISORY COUNCIL AND INTERDISCIPLINARY APPRAISAL GROUP

Article 8.Order and procedures for proposing the President to promulgate decisions on special amnesty

At the request of the President or if the special amnesty proposed by the Government is accepted by the President, the Government shall assume the prime responsibility for, and coordinate with the Supreme People’s Court, Supreme People’s Procuracy and related agencies in, studying and making the Government’s reports and draft decisions on special amnesty. At least 60 days before the expected time of special amnesty, such reports and draft decisions shall be submitted to the President for consideration and promulgation of decisions on special amnesty.

Article 9.Publicization, notification and posting of decisions on special amnesty

1. The Office of the President shall assume the prime responsibility for, and coordinate with related agencies in, promptly organizing the publicization of decisions on special amnesty. Such decisions shall be notified in the mass media.

2. After being publicized, decisions on special amnesty shall be posted at prisons, detention camps or custody houses.

Article 10.Establishment of the Special Amnesty Advisory Council and Interdisciplinary Appraisal Group

1. Upon the issuance of a decision on special amnesty, the President shall decide to set up the Special Amnesty Advisory Council that is composed of a Deputy Prime Minister as its chairperson and representatives of leaders of the following agencies and organizations as its members:

a/ The Supreme People’s Court;

b/ The Supreme People’s Procuracy;

c/ The Central Committee of the Vietnam Fatherland Front;

d/ The Ministry of Public Security;

dd/ The Ministry of National Defense;

e/ The Ministry of Justice;

g/ The Ministry of Foreign Affairs;

h/ The Government Office;

i/ The Office of the President;

k/ Other related agencies and organizations, to be decided by the President when necessary.

2. The Ministry of Public Security shall act as the Special Amnesty Advisory Council’s Standing Committee.

The Special Amnesty Advisory Council’s Standing Committee shall assist the Special Amnesty Advisory Council in discharging its responsibilities prescribed in Article 35 of this Law.

3. The Interdisciplinary Appraisal Group, set up under the Special Amnesty Advisory Council’s decision, is composed of representatives of the following agencies and organizations:

a/ The Supreme People’s Court;

b/ The Supreme People’s Procuracy;

c/ The Central Committee of the Vietnam Fatherland Front;

d/ The Ministry of Public Security;

dd/ The Ministry of National Defense;

e/ The Ministry of Justice;

g/ Other related agencies and organizations, to be decided by the Special Amnesty Advisory Council when necessary.

Section 2

CONDITIONS, RIGHTS AND OBLIGATIONS OF PERSONS PROPOSED FOR SPECIAL AMNESTY

Article 11.Conditions for a person proposed for special amnesty

1. To be proposed for special amnesty, a person currently serving a termed imprisonment or sentenced to life imprisonment already commuted to termed imprisonment must fully meet the following conditions:

a/ Having shown improvements and a good sense of self-reform and having been ranked as satisfactory or excellent while serving his/her imprisonment sentence under the law on execution of criminal judgments;

b/ Having served his/her imprisonment term for a period of time decided by the President which, however, must be at least equal to one-third of his/her imprisonment term; if he/she previously enjoyed commutation, the commutation period will not be included in the period he/she has served his/her imprisonment sentence; or having served his/her imprisonment term for at least 17 years, for life imprisonment already commuted to termed imprisonment; if he/she continues to be granted a reduction of the imprisonment sentence-serving term, the commutation period will not be included in the period he/she has served his/her imprisonment sentence.

For a person who is convicted of undermining the implementation of socio-economic policies; undermining solidarity policies; organizing, coercing or inciting other persons to illegally migrate or to stay abroad with the aim of opposing the people’s administration; illegally migrating or staying abroad with the aim of opposing the people’s administration; a person who is sentenced to imprisonment of 10 years or more for intentionally committing one of the offenses defined in the Chapter on offenses against human life, health, dignity or honor in the Penal Code, or persons who are sentenced to imprisonment of 7 years or more for plundering property; kidnapping in order to appropriate property; illegally producing narcotics; or illegally purchasing or selling narcotics; appropriating narcotics prescribed in the Penal Code and has served his/her imprisonment term for a period of time as decided by the President which, however, must equal at least half of his/her imprisonment term, if he/she previously enjoyed commutation, the commutation period will not be included in the period he/she has served his/her imprisonment sentence; or having served his/her imprisonment  term for at least 17 years, for life imprisonment already commuted to termed imprisonment, if he/she continues to be granted a commutation of the imprisonment sentence-serving term, the commutation period will not be included in the period he/she has served his/her imprisonment sentence;

c/Having completely served the additional penalty being fine or payment of legal costs;

d/ In order to be granted special amnesty by the President upon each drive of special amnesty, a person sentenced to imprisonment for corruption crime or other crimes must have completely fulfilled the obligation to return property or pay compensation for damage or other civil obligations;

dd/ Having completely fulfilled the obligation or having performed part of the obligation to return property or pay compensation for damage or other civil obligations due to particularly difficult economic circumstances that render him/her unable to fulfill the obligation as prescribed by the law on enforcement of civil judgments regarding to persons sentenced to imprisonment other than those falling in the case prescribed at Point d of this Clause.

In case a person currently serving a termed imprisonment or sentenced to life imprisonment already commuted to termed imprisonment has to perform the obligation to return property or pay compensation for damage or other civil obligations relating to property not owned by the State, he/she shall obtain the judgment creditor’s approval to postpone the judgment execution or not to request judgment execution regarding this property;

e/ Not affecting security and order when he/she is granted amnesty;

g/ Not falling into one of the cases specified in Article 12 of this Law.

2. To be proposed for special amnesty, a person currently eligible for suspension from serving imprisonment sentence must fully meet the following conditions:

a/ Having shown improvements and a good sense of self-reform and having been ranked as satisfactory or excellent while serving his/her imprisonment as prescribed by the law on execution of criminal judgments prior to the issuance of the decision on suspension from serving imprisonment sentence;

b/ Having served the imprisonment sentence for a period as prescribed at Point b, Clause 1 of this Article;

c/ Having satisfied the conditions prescribed at Point c, d, dd, e or g, Clause 1 of this Article;

d/ Having strictly observed law during the period of suspension from serving imprisonment sentence.

3. A person fully satisfying the conditions prescribed at Point a, c, d, dd, e or g, Clause 1, or at Point a, c or d, Clause 2 of this Article may have his/her period of having served his/her their imprisonment sentence decided by the President shorter than that prescribed at Point b, Clause 1 of this Article when falling in one of the following cases:

a/ Having recorded a feat during the period of serving their  imprisonment sentence with certification of the prison, detention camp or criminal judgment execution agency of the district-level police division or another competent agency;

b/ Being a person with meritorious services to the revolution under the law on preferential treatment of persons with meritorious services to the revolution; a person who is awarded “Brave Combatant” title in the anti-US resistance war for national salvation; a person who is awarded “Labor Hero” title; a person who is awarded Resistance-War Order or Medal; a parent, the spouse or an offspring of a fallen hero and person who raised the fallen hero when the latter was young; a child of a Vietnamese Heroic Mother; a parent, the spouse or an offspring of a person with meritorious services to the revolution awarded the memorial medal “Fatherland’s recognition of merits” or certificate “Honoring service to the nation”.

c/ Suffering a dangerous disease or chronic ailment and unable to serve himself/herself;

d/ Being under 18 years of age by the time of committing a crime, except the case specified in Clause 4 of this Article;

dd/ Being aged 70 years or older;

e/ Encountering a particularly difficult family circumstance while being the only bread-earner in the family;

g/ Being a pregnant woman or woman nursing her child aged under 36 months in a prison, detention camp or custody house;

h/ A person with severe or particularly severe disabilities as prescribed by the law on people with disabilities; a person having difficulty cognizing and controlling his/her acts as prescribed by the civil law;

i/ Other cases as decided by the President.

4. A person aged under 18 years currently serving an imprisonment sentence and fully satisfying the conditions prescribed at Points a and g, Clause 1 of this Article or a person aged under 18 years currently eligible for suspension from serving imprisonment sentence and fully satisfying the conditions prescribed at Point g, Clause 1, or Points a and d, Clause 2, of this Article may have his/her period of having served his/her imprisonment sentence decided by the President shorter than that prescribed at Point b, Clause 1 of this Article.

5. The Government shall detail this Article.

Article 12.Cases not proposed for special amnesty

A person who fully satisfies the conditions prescribed in Article 11 of this Law may not be proposed for special amnesty in one of the following cases:

1. Being convicted of high treason; carrying out activities aimed at overthrowing the people’s administration; espionage; infringing upon territorial security; rebellion; terrorism aiming to oppose the people’s administration; sabotaging physical-technical foundations of the State of the Socialist Republic of Vietnam; producing, storing, spreading or disseminating information, documents or objects aiming to oppose the State of the Socialist Republic of Vietnam; disrupting security; destroying detention facilities; or terrorism; or one of the crimes specified in the Chapter on crimes against peace, crimes against humanity and war crimes in the Penal Code;

2. A court judgment or part of a court judgment or court ruling against him/her is being protested against according to the cassation or re-opening procedures toward aggravating penal liability.

3. Being examined for penal liability for another criminal act.

4. Having previously been granted special amnesty.

5. Having two or more previous convictions.

6.  Other cases as decided by the President.

Article 13.Rights and obligations of persons proposed for special amnesty

1. To be informed of policies and laws on special amnesty, decisions on special amnesty, competent agencies’ guiding documents on conditions for persons proposed for special amnesty, and other information on special amnesty relevant to them.

2. To contact their relatives in collecting papers and documents necessary for the finalization of their special amnesty proposal files.

3. To request competent agencies, organizations and individuals to issue or certify papers and documents necessary for the finalization of their special amnesty proposal files.

4. To supply papers and documents at the request of agencies competent to propose special amnesty; to fully and honestly declare personal information related to special amnesty proposal.

5. To file complaints or denunciations under Chapter V of this Law.

Section 3

ORDER OF AND PROCEDURES FOR SPECIAL AMNESTY PROPOSAL, IMPLEMENTATION OF SPECIAL AMNESTY DECISIONS

Article 14.A special amnesty proposal file must comprise:

1. A special amnesty application.

2. Documents evidencing the personal backgrounds and family circumstances of the person proposed for special amnesty.

3. Documents evidencing the complete service of his/her additional penalty being fine or full payment of legal costs. The competent court’s ruling is required in case of exoneration from serving the penalty being fine or payment of legal costs.

A person sentenced to imprisonment for the crimes mentioned at Point d, Clause 1, Article 11 of this Law must have documents evidencing the fulfillment of his/her obligation to return property, pay compensation for damage or other civil obligations.

Persons falling into the case specified at Point dd, Clause 1, Article 11 of this Law must have documents evidencing the fulfillment or documents evidencing the fulfillment of part of their obligation to return property, pay compensation for damage or other civil obligations and the competent civil judgment enforcement agency’s decision on inability to execute the judgment. The judgment creditor’s written agreement certified by the competent agency is required if he/she agrees to allow the postponement of the judgment execution or does not request the judgment execution regarding the property not owned by the State.

A person falling into the case specified at Point c, Clause 3, Article 11 of this Law must obtain conclusions of a medical examination council, a provincial-level hospital or a hospital at the military-zone or higher level;

A person falling into the case specified at Point e, Clause 3, Article 11 of this Law must obtain certification by the commune-level People’s Committee of the locality where his/her family resides.

A person falling into the case specified at Point h, Clause 3, Article 11 of this Law must have the disability certificate granted by the commune-level People’s Committee of the locality where the person with disabilities resides; or the competent court’s ruling declaring that he/she has difficulty cognizing and controlling his/her acts.

4. The written commitment not to violate law and to continue completely serving the additional penalty other than fine, return property or pay compensation, or to fulfill other civil obligations after being granted special amnesty.

5. A written proposal on special amnesty, made by the superintendent of the prison or detention camp of the Ministry of Public Security or Ministry of National Defense, head of the criminal judgment enforcement agency of the provincial-level police department or of a military zone.

If the person proposed for special amnesty is the one currently eligible for suspension from serving imprisonment sentence, he/she must have a written proposal on special amnesty of the provincial-level people’s court or military court of the military zone and written remarks of the commune-level People’s Committee or military unit assigned to manage him/her in terms of his/her observance of law during the period of suspension from serving imprisonment sentence.

Article 15.Order and procedures for making files, list of persons eligible for special amnesty proposal

1. After decisions on special amnesty are publicized or notified in the mass media, prisons, detention camps or criminal judgment enforcement agencies of district-level police departments shall post and disseminate such decisions to persons currently serving imprisonment sentences.

Within 5 days after a decision on special amnesty is posted or publicized, the person currently serving termed imprisonment or life imprisonment already commuted to termed imprisonment under Articles 11 and 12 of this Law shall make a special amnesty application.

2. Within 10 days after a decision on special amnesty is posted or publicized, the list and files of persons eligible for special amnesty proposal shall be made as follows:

a/ Superintendents of prisons under the Ministry of Public Security shall make lists and files of persons eligible for special amnesty proposal, then submit them to the Interdisciplinary Appraisal Group;

b/ Superintendents of detention camps under the Ministry of Public Security shall make lists and files of persons eligible for special amnesty proposal, then report them to heads of directly managing agencies and submit them to the Interdisciplinary Appraisal Group;

c/ Superintendents of detention camps of provincial-level police departments, heads of criminal judgment enforcement agencies of district-level police offices shall make lists and files of persons eligible for special amnesty proposal, then report thereon to heads of criminal judgment enforcement agencies of provincial-level police departments and submit them to the Interdisciplinary Appraisal Group;

d/ For a person who is sentenced to imprisonment and currently serving his/her prison sentence in a prison, detention camp or criminal judgment enforcement agency of the district-level police office and transferred for investigation, prosecution or trial but not examined for penal liability for other crimes, if he/she is eligible for special amnesty proposal, the superintendent of the prison or detention camp or the head of the criminal judgment enforcement agency of the district-level police office that is managing his/her original file shall make a special amnesty proposal file. The superintendent of the prison or the head of the criminal judgment enforcement agency of the district-level police office that receives the transferred inmate but does not manage the latter’s original file shall coordinate with the agency managing such file in making the special amnesty proposal file;

dd/ Superintendents of prisons or detention camps under the Ministry of National Defense or heads of criminal judgment enforcement agencies of military zones shall make lists and files of persons eligible for special amnesty proposal, then report them to heads of criminal judgment enforcement managing agencies of the Ministry of National Defense and submit them to the Interdisciplinary Appraisal Group.

3. Within 15 days after a decision on special amnesty is publicized or notified in the mass media, the chief justice of the provincial-level People’s Court or the chief justice of the military court of the military zone who has issued the decision on suspension from serving imprisonment sentence shall inform the special amnesty decision to the persons currently eligible for suspension from serving imprisonment sentence, make a list and files of persons eligible for special amnesty proposal, then submit them to the Interdisciplinary Appraisal Group.

If a person currently eligible for suspension from serving imprisonment sentence resides in the locality outside the administrative boundary where is located the court that has issued the decision on suspension from serving imprisonment sentence, the court shall inform the district-level People’s Court or the military court of the region where such person resides for the latter to make a list and files of persons eligible for special amnesty then transfer them to the court that has issued the decision on suspension for summarization and submission to the Interdisciplinary Appraisal Group.

4. Superintendents of prisons or detention camps, heads of criminal judgment enforcement agencies of district-level police offices, chief justices of provincial-level People’s Courts or of military courts of military zones shall notify and post lists of persons proposed for special amnesty.

5. Superintendents of prisons under the Ministry of Public Security or the Ministry of National Defense, heads of agencies directly managing detention camps under the Ministry of Public Security, heads of criminal judgment enforcement agencies of provincial-level police departments or of military zones, chief justices of provincial-level People’s Courts or of military courts of military zones shall inform in writing the competent People’s Procuracy prescribed in Article 30 of this Law of the lists and files of persons proposed for special amnesty for supervision before submitting them to the Interdisciplinary Appraisal Group.

6. Superintendents of detention camps under the Ministry of Public Security, heads of agencies directly managing detention camps under the Ministry of Public Security, heads of criminal judgment enforcement agencies of provincial-level police departments or of agencies managing criminal judgment execution under the Ministry of National Defense, chief justices of provincial-level People’s Courts or of military courts of military zones shall base themselves on appraisal results of the Interdisciplinary Appraisal Group to make lists and files of persons eligible for special amnesty proposal and lists and files of persons ineligible therefor and submit them to the Special Amnesty Advisory Council’s Standing Committee.

7. The Ministry of Public Security, Ministry of National Defense, Supreme People’s Court and Supreme People’s Procuracy shall, within the ambit of their tasks and powers, guide the implementation of this Article.

Article 16.Appraisal of special amnesty proposal files

1. Within 15 days after competent persons prescribed in Clause 2 or 3, Article 15 of this Law send lists and files of persons eligible for special amnesty proposal to the Interdisciplinary Appraisal Group, the latter shall appraise those lists and files.

2. The Interdisciplinary Appraisal Group shall summarize appraisal results and make an appraisal report enclosed with lists of persons eligible for special amnesty proposal and lists of persons ineligible thereforand send them to competent persons prescribed in Clause 2 or 3, Article 15 of this Law to finalize lists and files of persons eligible for special amnesty proposal based on appraisal results, then transfer them to the Special Amnesty Advisory Council’s Standing Committee or report them to competent agencies, then transfer them to the Special Amnesty Advisory Council’s Standing Committee under Clause 6, Article 15 of this Law.

Article 17.Verification, approval and examination of special amnesty proposal files and submission of lists of persons proposed for special amnesty to the President

1. The Special Amnesty Advisory Council’s Standing Committee shall draw up lists and files of persons eligible for special amnesty proposal and persons ineligible therefor made by the competent persons prescribed in Clause 6, Article 15 of this Law based on the Interdisciplinary Appraisal Group’s appraisal results and transfer those lists together with written proposals on special amnesty to members of the Special Amnesty Advisory Council for verification.

2. Members of the Special Amnesty Advisory Council shall study and appraise those lists and written proposals on special amnesty; ask the Special Amnesty Advisory Council’s Standing Committee to provide explanations, and send files and additional documents if necessary. The Special Amnesty Advisory Council’s Standing Committee shall sum up opinions of the Council’s members for submission to the Council for consideration and decision.

3. The Special Amnesty Advisory Council shall approve the lists and special amnesty proposal files submitted by the Special Amnesty Advisory Council’s Standing Committee; sum up and make the lists of persons eligible for special amnesty proposal for submission to the President for consideration and decision.

4. The Office of the President shall review and examine the lists and files of persons proposed by the Special Amnesty Advisory Council, then submit them to the President for decision.

Article 18.Implementation of special amnesty decisions

1. The Office of the President shall assume the prime responsibility for, and coordinate with related agencies in, publicizing special amnesty decisions. Special amnesty decision shall be notified in the mass media.

Special amnesty decisions and lists of special amnesty grantees shall be posted at prisons, detention camps and custody houses where special amnesty grantees are serving their imprisonment sentences and notified in writing to the commune-level People’s Committees of localities and military units where such grantees will return to reside or work; or notified in writing to the commune-level People’s Committees of localities where the special amnesty grantees reside or military units that are assigned to manage the grantees if the grantees are persons currently eligible for suspension from serving their imprisonment sentences.

2. Superintendents of prisons or detention camps, heads of criminal judgment enforcement agencies of district-level police offices or of military zones, chief justices of provincial-level People’s Courts or of military courts of military zones shall publicize and implement special amnesty decisions for eligible persons.

3. Superintendents of prisons or detention camps under the Ministry of Public Security and Ministry of National Defense, and superintendents of detention camps of military zones shall grant special amnesty certificates to eligible persons currently serving imprisonment sentences.

Heads of criminal judgment enforcement agencies of provincial-level police departments shall grant special amnesty certificates to eligible persons currently serving imprisonment sentences at detention camps of provincial-level police departments or custody houses of district-level police offices.

Heads of criminal judgment enforcement agencies of military zones shall grant special amnesty certificates to eligible persons currently serving imprisonment sentences at detention camps under military zones.

Chief justices of provincial-level People’s Courts or of military courts of military zones shall grant special amnesty certificates to persons currently eligible for suspension from serving their imprisonment sentences.

4. Persons who have granted special amnesty certificates shall send copies of such certificates to the National Center for Criminal Records, the courts that have issued judgment execution decisions, agencies in charge of enforcement of additional penalties, civil judgment enforcement agencies that have issued decisions of inability to execute judgments, criminal judgment enforcement agencies of district-level police offices, commune-level People’s Committees of localities, organizations or military units where special amnesty grantees return to reside or work, and agencies receiving the transferred inmates.

If failing to identify the place where a special amnesty grantee returns to reside, the agency that has granted the special amnesty certificate shall contact the commune-level People’s Committee, organization or military unit for receiving such grantee and send the certificate’s copy to the commune-level People’s Committee of the locality where the grantee returns to reside or the agency, organization or military unit where the grantee returns to work.

Article 19.Implementation of special amnesty decisions for foreigners

1. Upon the issuance of special amnesty decisions for foreigners, the Ministry of Public Security or Ministry of Defense shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs in, notifying those decisions to diplomatic missions or consulates of the countries of which special amnesty grantees are citizens for coordinated implementation.

2. The Government shall detail this Article.

Article 20.Rights and obligations of special amnesty grantees

1. Special amnesty grantees have the following rights:

a/ To be granted special amnesty certificates;

b/ To receive support and be employed  for stable livelihood and be assisted by local administrations and related agencies, organizations or units in reintegrating themselves into their families and communities;

c/ To enjoy other rights like persons who have completely served their imprisonment sentences in accordance with law.

2. Special amnesty grantees have the following obligations:

a/ To produce their special amnesty certificates to commune-level People’s Committees of localities or organizations or military units where they return to reside or work;

b/ To fulfill all the committed obligations;

c/ To strictly abide by law.

3. Special amnesty grantees being foreigners have the rights provided at Points a and c, Clause 1 of this Article and the obligations prescribed at Points b and c, Clause 2 of this Article.

Article 21.Detailing of and guidance on special amnesty proposal files, order and procedures for making lists, appraisal and verification of special amnesty proposal files

1. The Government shall detail special amnesty proposal files, order and procedures for making lists, appraisal and verification of lists and special amnesty proposal files and implement decisions on special amnesty.

2. The Ministry of Public Security, Ministry of National Defense, Supreme People’s Court, Supreme People’s Procuracy and related agencies and organizations shall, within the ambit of their tasks and powers, guide and coordinate with one another in making lists and approving special amnesty proposal files.

Chapter III

SPECIAL AMNESTY IN SPECIAL CASES

Article 22.Persons granted special amnesty in special cases

In special cases, in order to meet the State’s internal and external relation requirements, the President may decide to grant special amnesty to persons who are serving termed imprisonment, persons eligible for postponement of or suspension from serving their imprisonment sentences, or persons serving life imprisonment sentences, regardless of whether or not they satisfy the conditions prescribed in Articles 11 and 12 of this Law.

Article 23.Order and procedures for making special amnesty files in special cases

1. At the President’s request or when the Government’s special amnesty proposal is accepted by the President, the Government shall assume the prime responsibility for, and coordinate with the Supreme People’s Court, Supreme People’s Procuracy and related agencies or organizations in, making special amnesty proposal files and submit them to the President for consideration and decision.

2. The Ministry of Public Security shall make special amnesty proposal files for persons who are serving termed imprisonment or life imprisonment and report them to the Government for submission to the President for consideration and decision.

The Supreme People’s Court shall make special amnesty proposal files for persons eligible for postponement of or suspension from serving their imprisonment sentences and send them to the Government for submission to the President for consideration and decision.

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

Article 24.Implementation of special amnesty decisions in special cases

1. The Government, Supreme People’s Court and Supreme People’s Procuracy shall, within the ambit of their tasks and powers, implement the President’s special amnesty decisions in special cases.

2. The implementation of the special amnesty decisions for foreigners in special cases must comply with Article 19 of this Law.

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

Chapter IV

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN EFFECTING SPECIAL AMNESTY

Article 25.Responsibilities of the Government

1. To propose the President to grant special amnesty on the occasion of great national events or anniversaries and in special occasions.

2. To direct the public communication about the significance, purposes and contents of special amnesty activities.

3. To direct the Ministry of Public Security, Ministry of Defense, other governmental agencies and People’s Committees at all levels to effect special amnesty in accordance with this Law.

Article 26.Responsibilities of the Office of the President

1. To review and examine lists and files of persons proposed by the Special Amnesty Advisory Council or the Government and submit them to the President for decision.

2. To assume the prime responsibility for, and coordinate with related agencies in, publicizing decisions on special amnesty and special amnesty decisions.

3. To carry out other special amnesty-related activities as assigned by the President.

Article 27.Responsibilities of the Ministry of Public Security

1. To assume the prime responsibility for, and coordinate with the Supreme People’s Court, Supreme People’s Procuracy, Central Committee of the Vietnam Fatherland Front, Ministry of Justice and related agencies in, inspecting special amnesty activities in prisons, detention camps and criminal judgment enforcement agencies of provincial-level police departments and district-level police offices.

2. To guide, inspect and urge superintendents of prisons or detention camps of the Ministry of Public Security and heads of criminal judgment enforcement agencies of provincial-level police departments to make lists and special amnesty proposal files, and organize the implementation of decisions on special amnesty and special amnesty decisions in accordance with this Law.

3. To direct police offices at all levels to coordinate with related agencies or organizations in managing, educating and helping special amnesty grantees return to their localities, reintegrate themselves into their communities and stabilize their livelihood, thus preventing them from relapsing into crimes or illegal acts.

Article 28.Responsibilities of the Ministry of National Defense

To guide, inspect and urge superintendents of prisons or detention camps of the Ministry of National Defense, and heads of criminal judgment enforcement agencies of military zones to make lists and special amnesty proposal files, and organize the implementation of decisions on special amnesty and special amnesty decisions in accordance with this Law.

Article 29.Responsibilities of the Supreme People’s Court

1. To coordinate with the Government, Supreme People’s Court, Central Committee of the Vietnam Fatherland Front, Ministry of Public Security, Ministry of National Defense, Ministry of Justice and related agencies and organizations in special amnesty activities.

2. To guide, inspect and urge provincial-level and district-level people’s courts, military courts of military zones and regional military courts to make lists and special amnesty proposal files, and organize the implementation of decisions on special amnesty and special amnesty decisions in accordance with this Law.

Article 30.Responsibilities of the Supreme People’s Procuracy

1. To directly supervise the making of special amnesty proposal files and implementation of special amnesty decisions in prisons and detention camps of the Ministry of Public Security or Ministry of National Defense in accordance with Clause 1; Points a, b, d, and dd, Clause 2; Clause 4, Article 15, and Article 18, of this Law. When necessary, to directly supervise the making of special amnesty proposal files and implementation of special amnesty decisions in detention camps of provincial-level police departments or military zones, criminal judgment enforcement agencies of provincial-level police departments or people’s courts, military courts of military zones under the competence of provincial-level people’s Procuracies or military Procuracies of military zones mentioned in Clause 2 of this Article.

2. To guide, inspect and urge provincial-level people’s Procuracies and military Procuracies of military zones to supervise the making of special amnesty proposal files and implementation of special amnesty decisions in detention camps of provincial-level police departments, detention camps of military zones, criminal judgment enforcement agencies of provincial-level police departments or people’s courts, or military courts of military zones mentioned in Clause 1; at Points c, d and dd, Clause 2; and in Clauses 3 and 4, Article 15, and Article 18 of this Law.

3. To exercise and guide the exercise of the right to request and recommend upon the supervision of the making of special amnesty proposal files and implement special amnesty decisions; and supervise the settlement of complaints under Article 37 of this Law.

Article 31. Responsibilities of the Ministry of Justice

1. To direct criminal judgment enforcement agencies to coordinate with prisons, detention camps and criminal judgment enforcement agencies of provincial-level police departments or district-level police offices, criminal judgment enforcement agencies of military zones, provincial-level and district-level people’s courts, military courts of military zones or regional military courts, provincial-level or district-level People’s Procuracies, and military Procuracies of military zones or regional military Procuracies in:

a/ Providing information and papers relating to the obligation of persons eligible for special amnesty proposal to execute the civil part of criminal judgments or decisions;

b/ Receiving and handing over papers, money and property submitted/paid/returned by persons subject to fine or property confiscation penalty, damage compensation or other civil obligations.

2. To coordinate with the Supreme People’s Court, Supreme People’s Procuracy, Vietnam Fatherland Front’s Central Committee, Ministry of Public Security, Ministry of National Defense, and other agencies and organizations in implementing other activities related to special amnesty work in accordance with this Law.

Article 32. Responsibilities of the Ministry of Foreign Affairs

1. To request the Government to propose the President to consider and decide on grant of special amnesty to subjects being foreigners referred to in Article 22 of this Law under Article 23 of this Law.

2. To coordinate with the Ministry of Public Security, Ministry of National Defense and related ministries and sectors in carrying out external relation communication about special amnesty; in implementing special amnesty decisions for special amnesty grantees being foreigners and carrying out other activities relating to special amnesty work in accordance with this Law.

Article 33.Responsibilities of People’s Committees at all levels and related agencies and organizations

1. To disseminate, and organize education about, the law on special amnesty and decisions on special amnesty.

2. To provide information and documents on personal backgrounds; grant certificates to, or certify the observance of policies and laws by, family circumstances and other necessary papers or documents of, persons eligible for special amnesty proposal.

3. To receive and help special amnesty grantees reintegrate themselves into their families and communities, get employed and stabilize their livelihood and become useful for society, thus preventing them from relapsing into crimes or illegal acts.

4. The Government shall detail Clause 3 of this Article.

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

1. To coordinate with related agencies or organizations in disseminating the law on special amnesty and decisions on special amnesty.

2. To coordinate with local administrations in helping special amnesty grantees reintegrate themselves into their families and communities, get employed, stabilize their livelihood and become useful for society, thus preventing them from relapsing into  crimes or illegal acts.

3. To supervise the observance of the law on special amnesty in accordance with law.

Article 35.Responsibilities of the Special Amnesty Advisory Council

1. To implement decisions on special amnesty;

2. To verify and approve special amnesty proposal files and lists of persons eligible for special amnesty proposal and lists of persons ineligible therefor submitted by its Standing Committee.

3. To sum up, make and submit lists of persons eligible for special amnesty proposal to the President for consideration and decision;

4. To perform other special amnesty-related tasks as assigned by the President.

Chapter V

COMPLAINTS AND DENUNCIATIONS IN EFFECTING SPECIAL AMNESTY

Article 36.Complaints about lists of persons eligible for special amnesty proposal on the occasion of great national events or anniversaries

1. Special amnesty applicants may file complaints about non-inclusion of their names in lists of persons eligible for special amnesty proposal by superintendents of prisons or detention camps under the Ministry of Public Security or Ministry of National Defense, heads of criminal judgment enforcement agencies of provincial-level police departments or military zones, or chief justices of provincial-level People’s Courts or military courts of military zones, despite their satisfaction of the prescribed conditions.

2. Complainants may file complaints by themselves or through their lawful representatives to competent persons specified in Clause 1, Article 37 of this Law.

3. The time limit for filing a complaint is 5 days from the date a list of persons eligible for special amnesty proposal is notified or posted under Clause 4, Article 15 of this Law.

Article 37.Complaint settlement competence and time limit

1. Superintendents of prisons or detention camps of the Ministry of National Defense, heads of agencies directly managing detention camps of the Ministry of Public Security, heads of criminal judgment enforcement agencies of provincial-level police departments or military zones, or chief justices of provincial-level People’s Courts or military courts of military zones shall settle a complaint within 5 days after receiving it.

Complaint settlement decisions shall be sent immediately to complainants and Procuracies that have supervised the making of lists and files of persons eligible for special amnesty proposal prescribed in this Law.

2. If disagreeing with a complaint settlement decision of a competent person referred to in Clause 1 of this Article, within 5 days after receiving the decision, a complainant may further file his/her complaint to the Minister of Public Security, Minister of National Defense or Chief Justice of the Supreme People’s Court;  a procuracy mentioned in Clause 1 of this Article may send petitions to the Minister of Public Security, Minister of National Defense or Chief Justice of the Supreme People’s or petition.

Within 5 days after receiving a complaint or petition, the Minister of Public Security, Minister of National Defense or Chief Justice of the Supreme People’s Court shall settle it. If accepting the complaint or petition, he/she shall include the complainant in the list of persons eligible for special amnesty proposal. If not accepting the complaint, he/she shall include the complainant in the list of persons ineligible for special amnesty proposal and notify such in writing to the complainant and the procuracy that has made the petition.

Article 38.Denunciations against law violations in effecting special amnesty

Individuals may denounce law violations in effecting special amnesty. Denunciations against law violations in effecting special amnesty and the settlement thereof must comply with the law on denunciations.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 39.Effect

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

2. Law No. 07/2007/QH12 on Special Amnesty ceases to be effective on the effective date of this Law.

This Law was passed on November 19, 2018, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 6^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN