Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law sets forth principles, time, procedures, competence and responsibilities for grant of pardon; conditions for, rights and obligations of, pardon petitioners and pardon recipients.
Article 2. Regulated entities
1. Persons sentenced to termed imprisonment or life imprisonment.
2. Agencies, organizations and citizens of the Socialist Republic of Vietnam; foreigners residing in Vietnam, foreign organizations and international organizations operating in the territory of the Socialist Republic of Vietnam that are involved in pardon activities.
Article 3. Interpretation of terms
For the purpose of this Law, these terms below shall be construed as follows:
1. “pardon” means a special clemency granted by the State, under the State Presidents decisions on parole of termed prisoners or life prisoners on the occasion of great national events or holidays, or in special cases.
2. “decision on pardon” means a document promulgated by the State President, stipulating the time of pardon, eligible petitioners, eligibility requirements on the occasion of great national events or holidays, and responsibilities of agencies and organizations in grant of pardon.
3. “pardon decision” means the State President’s decision on parole of termed prisoners or life prisoners.
4. “Pardon Advisory Council” means an inter-branch organization composed of leader representatives of concerned agencies and organizations, which is set up under the State President’s decision to implement the State President’s decision on pardon and to advise the State President on pardon activities.
5. “Inter-Branch Appraisal Group” means an inter-branch organization, composed of representatives of relevant agencies and organizations, which is set up by the Pardon Advisory Council to appraise the list of pardon petitioners and their petition dossiers.
Article 4. Principles for grant of pardon
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 pardon
1. The State President shall consider granting pardon on the occasion of great national events and holidays.
2. The State President shall consider granting pardon in exceptional cases to meet requirements pertaining to internal and foreign affairs without regard to the time prescribed in Clause 1 hereof.
Article 6. State policies on pardon
The State encourages prisoners to show repentance and actively participate in rehabilitation study and labor in order to be granted pardon; and enable pardon recipients to integrate into community, stabilize their lives and strive to become citizens useful for society, prevent recidivism and other legal violations.
Article 7. Prohibited acts in grant of pardon
1. Taking advantage of or abusing positions or powers to propose pardon for ineligible persons; failing to propose pardon for eligible persons; or obstructing prisoners from exercising their right to pardon petition.
2. Giving bribes, taking bribes, broking bribes, or causing harassment in grant of pardon.
3. Issuing or certifying papers or documents related to pardon petitioners in contravention of law.
4. Refusing to issue or certify papers or documents which, as prescribed by law, are supposed to be issued to pardon petitioners.
5. Forging papers and documents in relation with pardon petitioners.
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Luật Đặc xá 2018 (Bản Word)
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