Chương IV Luật Đặc xá 2018: Trách nhiệm của cơ quan, tổ chức trong việc thực hiện đặc xá

Chapter IV

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN GRANT OF PARDON

Article 25. Responsibilities of the Government

1. Request the State President to grant pardon on the occasion of great national events and holidays or in special cases.

2. Direct the propagation and dissemination of the significance, purposes and contents of pardon activities.

3. Direct the Ministry of Public Security, the Ministry of Defense, other governmental agencies and People’s Committees to effect the pardon in accordance with this Law.

Article 26. Responsibilities of State President Office

1. Examine the list of eligible pardon petitioners and dossiers enclosed submitted by the Pardon Advisory Council or the Government and forward them to the State President for decision.

2. Take charge and cooperate with relevant agencies in announcing decisions on pardon, pardon decisions.

3. Perform other pardon-related tasks assigned by the State President.

Article 27. Responsibilities of the Ministry of Public Security

1. Take charge and cooperate with the Supreme People’s Court, the Supreme People’s Procuracy, the Central Committee of the Vietnam Fatherland Front, the Ministry of Justice and concerned agencies in, inspecting pardon activities in prisons and detention centers, and criminal enforcement agencies affiliated to provincial or district Public Security.

2. Guide, inspect and urge superintendents of prisons and detention centers affiliated to the Ministry of Public Security and the heads of criminal enforcement agencies affiliated to provincial Public Security to make lists of pardon petitioners and dossiers thereof and implement decisions on pardon and pardon decisions in accordance with this Law.

3. Direct Public Security bodies to coordinate with concerned agencies or organizations in managing, educating and helping pardon recipients who return to their localities, integrate into the community, stabilize their life soon, and preventing them from relapsing into illegal acts.

Article 28. Responsibilities of the Ministry of Defense

Guide, inspect and urge superintendents of prisons and detention centers affiliated to the Ministry of National Defense and the heads of criminal enforcement agencies of military zone to make lists of pardon petitioners and dossiers thereof and implement decisions on pardon and pardon decisions in accordance with this Law.

Article 29. Responsibilities of the Supreme People’s Court

1. Coordinate with the Government, the Supreme People’s Procuracy, the Central Committee of Vietnamese Fatherland Front, the Ministry of Public Security, the Ministry of Defense, the Ministry of Justice and concerned agencies and organizations in pardon activities.

2. Guide, inspect and urge People’s Courts of provinces and districts, Military Courts of military zones and regions to make lists of pardon petitioners and dossiers thereof and effect the decisions on pardon, pardon decisions in accordance with this Law.

Article 30. Responsibilities of the Supreme People’s Procuracy

1. Directly examine the preparation of pardon petition dossiers and the implementation of the pardon decisions at prisons and detention centers affiliated to Ministry of Public Security or the Ministry of Defense in accordance with Clause 1, Points a, b and dd Clause 2, Clause 4 Article 15, and Article 18 of this Law. Directly examine the preparation of pardon petition dossiers and the implementation of the pardon decisions at detention centers affiliated to Provincial Public Security, detention centers of military zone, criminal enforcement agencies affiliated to Provincial Public Security, Provincial People’s Courts, Military Courts of military zones under competence of the Provincial People’s Procuracy, Military Procuracy of military zones as prescribed in Clause 2 of this Article.

2. Guide, inspect and urge provincial People’s Procuracies, Military Procuracies of military zones or equivalent levels to examine the preparation of pardon petition dossiers and the implementation of pardon decisions at detention centers under provincial Public Security, military zones, criminal enforcement agencies of provincial Public Security, provincial People’s Courts, Military Courts of military zones in accordance with Clauses 1 and 2, Article 15, and Article 18 of this Law.

3. Exercise and provide guidance on exercising of the rights to request upon examination of preparation of pardon petition dossiers, implementation of pardon decision; examine handling of complaints as prescribed in Article 37 of this Law.

Article 31. Responsibilities of the Ministry of Justice

1. Direct civil enforcement agencies to cooperate with prisons, detention centers, criminal enforcement agencies affiliated to provincial, district Public Security, criminal enforcement agencies of military zones, People’s Courts of provinces and districts, Military Courts of zones and regions, the People’s Procuracies of provinces or districts, the Military Procuracies of military zones and regions in:

a) Providing information and documents related to obligations to civil matters in the criminal judgment of eligible pardon petitioners;

b) Receiving, transferring documents, money, property that the judgment debtor gives as a fine, confiscation, restitution and other civil obligations.

2. Cooperate with the Supreme People’s Court, the Supreme People’s Procuracy, the Central Committee of Vietnamese Fatherland Front, the Ministry of Public Security, the Ministry of National Defense and other agencies and organizations in carrying out other pardon-related activities in accordance with this Law.

Article 32. Responsibilities of the Ministry of Foreign Affairs

1. Propose the Government to request the State President to consider granting pardon to entities prescribed in Article 22 of this Law being foreigners as prescribed in Article 23 of this Law.

2. Cooperate with the Ministry of Public Security, the Ministry of National Defense and relevant Ministries and agencies in propagating foreign affairs about pardon activities; in implementing pardon decisions for pardon recipients being foreigners and carrying out other pardon-related activities as prescribed in this Law.

Article 33. Responsibilities of People’s Committees and concerned agencies and organizations

1. Propagate, raise public awareness of legal regulations on pardon, decisions on pardon.

2. Supply information and documents on personal backgrounds; grant certificates to, or certify the observance of policies and law soft, family circumstances, other necessary papers or documents of eligible pardon petitioners.

3. Receive, enable and help pardon recipients reintegrate into their families and communities, have jobs, stabilize their life and become citizens useful for society, prevent them from relapsing into illegal acts.

4. The Government shall provide guidance on Clause 3 of this Article.

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

1. Cooperate with related agencies and organizations in propagating and raising legal knowledge of pardon and decisions on pardon.

2. Cooperate with local administrations in helping pardon recipients reintegrate into their families and communities, have jobs, stabilize their life and become citizens useful for society, prevent them from relapsing into illegal acts.

3. Supervise the implementation of laws and regulations on pardon as per the law.

Article 35. Responsibilities of the Pardon Advisory Council

1. Implement decisions on pardon.

2. Verify and approve pardon petition dossiers, lists of eligible and ineligible pardon petitioners submitted by the Standing Board of Pardon Advisory Council.

3. Make a final list of eligible pardon petitioners and send it to the State President for consideration and decision.

4. Perform other pardon-related tasks assigned by the State President.