Which individuals will be eligible for amnesty?

These are the issues that the public is particularly concerned about regarding this revised Amnesty Law.

Currently, relevant authorities are gathering opinions on the draft Law on Amnesty (amended), and are urgently finalizing the draft to submit it to the National Assembly in the upcoming session. To meet readers' needs regarding the Law on Amnesty (amended), the People's Police Newspaper would like to introduce the new points and issues of interest to readers in this draft law.

The most talked-about new aspect is the conditions, rights, and obligations of those granted amnesty.

The prisoner studied the criteria for receiving a pardon.

The draft law states that those sentenced to fixed-term imprisonment or life imprisonment whose sentences have been reduced to fixed-term imprisonment who are currently serving their sentences and are eligible for amnesty must meet the following conditions: be a first-time offender; comply well with the regulations of the prison or detention center; actively participate in learning and labor; and have been rated as "good" or higher during their imprisonment.

Specifically, it is required to have served at least half of the prison sentence in the case of a fixed-term prison sentence. If the sentence has been reduced previously, the reduced period will not be counted towards the time for consideration for amnesty (according to the 2007 Amnesty Law, at least one-third of the sentence must have been served).

In cases where a person is sentenced to life imprisonment, they must serve at least 15 years before being eligible for a pardon (according to the 2007 Pardon Law, this is 14 years). If, after being reduced to a fixed-term sentence, the sentence is further reduced, the subsequent reduction will not be counted towards the time already served.

Those recommended for amnesty must have completed any additional penalties such as fines, compensation for damages, court fees, or other civil obligations. Those who have made significant contributions during their imprisonment, such as assisting prisons, detention centers, district-level police criminal enforcement agencies, or criminal prosecution agencies in detecting, apprehending, and investigating crimes; saving lives or valuable property worth 50 million VND or more belonging to agencies, organizations, or individuals during wartime, emergencies, natural disasters, epidemics, or other special social difficulties; or having valuable inventions, innovations, or other special achievements recognized by prisons, detention centers, or district-level police criminal enforcement agencies, may have their prison sentences shortened by the President of Vietnam.

Prisoners who are war invalids; sick soldiers; individuals with achievements in fighting to protect the Fatherland and building society who have been awarded one of the following titles: Hero of the People's Armed Forces, Hero of Labor, People's Teacher, People's Doctor, People's Artist, Valiant Warrior; or who have been awarded one of the following medals or Resistance War medals; whose biological father, biological mother, spouse, biological children, siblings, or adoptive father, adoptive mother, or legally adopted children are martyrs; biological children or adopted children of Vietnamese Heroic Mothers; or children of families awarded the title of "Family with Meritorious Service to the Nation"; or who are suffering from a serious illness or one of the diseases confirmed by a medical council or hospital at the provincial or military district level or higher.

Individuals aged 60 and above who are frequently ill and require continuous hospitalization for 90 days or more, or who require multiple hospitalizations lasting 30 days or more each time, are unable to work or care for themselves, and no longer pose a danger to society, must have a conclusion from a medical assessment board or written confirmation from a provincial or military-level hospital or higher.

Prisoners whose families are facing exceptionally difficult economic circumstances due to natural disasters, epidemics, fires, accidents, etc., and who are the sole breadwinners in their families (as confirmed by the People's Committee at the commune level or competent authority); pregnant women or women with young children under 36 months old; those who committed the crime under the age of 18; and those aged 70 or older may also have their prison sentences shortened by the President of Vietnam.

Cases ineligible for amnesty include: those whose judgments or court decisions are under appeal through supervisory review or retrial procedures in a way that increases criminal liability; those currently being prosecuted for other criminal offenses; those convicted of crimes stipulated in Chapters XIII, XXVI, Articles 353 and 366, and Chapters XXIII, Articles 368 to 391, Chapter XXIV, and Article 229 of the Penal Code; and those sentenced to death who have received clemency or fall under the circumstances stipulated in Clause 3, Article 40 of the Penal Code.

The President decides which other cases are not eligible for amnesty based on the country's conditions and situation, and the requirements of the fight against crime.

Those recommended for pardon must submit an application for pardon; documents proving their personal information and family circumstances; documents proving that they have completed any supplementary penalties such as fines, compensation for damages, court fees, or other civil obligations; and a commitment not to violate the law and to fully comply with any supplementary penalties such as fines, compensation for damages, court fees, or civil obligations after being pardoned.

For foreigners, a written consent from the diplomatic or consular mission of their country of citizenship is required if they are granted amnesty.