Chapter 1
GENERAL PROVISIONS
Article 1. Governing scope
This Law provides for the time, order, procedures, competence and responsibilities for effecting the special amnesty; conditions for, rights and obligations of, persons to be proposed for special amnesty and persons to be granted special amnesty.
Article 2. Subjects of application
This Law applies to:
1. Persons sentenced to termed imprisonment or life imprisonment;
2. Agencies, organizations and citizens of the Socialist Republic of Vietnam; foreign organizations and individuals and international organizations residing and 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 is a special leniency granted by the State, under the State Presidents 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 is a document promulgated by the State President, stipulating the time of special amnesty, eligible subjects, conditions that must be met by persons proposed for special amnesty, and responsibilities of agencies and organizations in effecting the special amnesty.
3. Special amnesty decision is the State Presidents document, deciding to release from prisons ahead of time persons sentenced to termed imprisonment or life imprisonment.
4.The Special Amnesty Advisory Council is an inter-branch organization composed of representatives of concerned agencies and organizations, which is set up under the State Presidents decision to implement the State Presidents decisions on special amnesty and to advise the State President on special amnesty activities.
Article 4. Principles for effecting special amnesty
1. Observing the Constitution and law and ensuring the interests of the State and lawful rights and interests of organizations and individuals.
2. Ensuring democracy, objectivity, fairness, publicity and transparency.
3. Meeting the requirements on internal relations, foreign relations, national security and social order and safety.
Article 5. Time of granting special amnesty
1. The State President shall consider and decide to grant special amnesty on the occasion of great national events or anniversariesto persons sentenced to termed imprisonment or life imprisonment already commuted to termed imprisonment who are serving their imprisonment penalties.
2. In special cases, the State President shall decide to grant special amnesty to persons sentenced to termed imprisonment or life imprisonment who are serving imprisonment penalties and eligible for postponement of, or suspension from, serving their imprisonment penalties, regardless of the time speci fied in Clause 1 of this Article.
Article 6. State policies on special amnesty
The State encourages persons sentenced to imprisonment to show repentance and actively participate in rehabilitation study and labor in order to be granted special amnesty; and helps special amnesty grantees stabilize theirlives and strive to become citizens useful for society.
Article 7. Prohibited acts in effecting the 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. Taking bribes or causing harassment in effecting the special amnesty.
3. Intentionally issuing papers or documents related to persons proposed for special amnesty in contravention of law.
4. Refusing to issue papers or documents which, as prescribed by law. should be issued to persons proposed for special amnesty.
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Luật Đặc xá 2007 (Bản Word)