Can my husband be eligible for a pardon if my husband have not paid the court fee in Vietnam?

Can my husband be eligible for a pardon if my husband have not paid the court fee in Vietnam?

Pursuant to Clause 1, Article 11 of the Law on Amnesty 2018 stipulates that to be eligible for a pardon, a termed prisoner or life prisoner already commuted to termed imprisonment shall fully meet the following eligibility requirements:

a) He/she has made considerable progress in and had a growing awareness of rehabilitation, and have been ranked as good or excellent while serving his/her imprisonment sentence as prescribed in law on criminal judgment enforcement;

b) He/she has served his/her imprisonment sentence for a defined period of time decided by the State President which, however, must represent at least one-third of his/her imprisonment term; if he/she previously benefited commutation, the commutation duration shall not be included in the duration he/she has served his/her imprisonment sentence; or at least fourteen (14) years, for life imprisonment commuted to term imprisonment, if he/she keep benefiting another commutation, such commutation duration shall not be included in the duration he/she has served his/her imprisonment sentence.

In a case where he/she was convicted of sabotaging implementation of socio-economic policies; sabotaging implementation of solidarity policies; organizing, coercing, instigating illegal emigration for the purpose of opposing the people's government; illegal emigration for the purpose of opposing the people's government; or he/she was sentenced to at least 10 years’ imprisonment for one of offense prescribed in the Chapter “Offenses against human life, health, dignity and honor” in the Criminal Code on purpose, or he/she was sentenced to at least 7 years’ imprisonment for robbery; kidnapping for ransom; illegal manufacturing of narcotic substances; illegal deal in narcotic substances; appropriation of narcotic substances in the Criminal Code and he/she has served his/her imprisonment sentence for a defined period of time decided by the State President which, however, must represent at least a half of his/her imprisonment term; if he/she previously benefited commutation, the commutation duration shall not be included in the duration he/she has served his/her imprisonment sentence; or at least seventeen (17) years, for life imprisonment commuted to term imprisonment, if he/she keep benefiting another commutation, such commutation duration shall not be included in the duration he/she has served his/her imprisonment sentence;

c) He/she has completely served the additional penalty of fine and has paid the court fee;

d) He/she has fulfilled obligation to return the property or make restitution for the damage caused or other civil obligations in a case where he/she was convicted of corruption offenses or other offenses decided by the State President in every pardon;

dd) He/she has fulfilled a part of the obligation to return the property or make restitution for the damage caused or other civil obligations and the remaining part of obligation remains unfulfilled because of his/her financial hardship in a case where he/she was convicted of offenses other than those prescribed in Point d hereof.

He/she has obtained the consent of the judgment creditor to suspension or non-request of judgment enforcement associated with property that he/she has to return, make restitution or fulfill other civil obligations and such property is not owned by the State.

e) Pardon granted to him/her does not cause negative impact on security and order;

g) He/she does not fall under one of the cases prescribed in Article 12 hereof.

Thus, according to the above provisions in Vietnam, having paid the court fee is one of the conditions for the person sentenced to prison to be eligible for a pardon.

If a person has been eligible for a pardon before, but he commits a crime, can he still be eligible for a pardon in Vietnam?

In Article 12 of the 2018 Law on Amnesty, persons who fully meet the eligibility requirements specified in Article 11 of this Law may not petition for pardon in the following cases:

1. He/she is convicted of high treason; activities against the people's government; espionage; infringement upon territory; rebellion; terrorism to oppose the people's government; sabotaging facilities of Socialist Republic of Vietnam; making, possessing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam; disruption of security; disruption of detention facilities; terrorism and one of offenses prescribed in the Chapter “Disturbing the peace, crimes against humanity and war crimes” of the Criminal Code;

2. The whole or a part of court judgments or rulings against him/her is being appealed according to cassation or reopening review towards more severe criminal liability;

3. He/she is being examined for penal liability for other criminal acts;

4. He/she was previously granted pardon;

5. He/she has two or more previous convictions;

6. Other cases decided by the State President.

According to this Article, a person who has previously been eligible for a pardon but commits a crime and is sentenced to prison will not be eligible for a pardon even though he or she meets all the conditions for pardon in Vietnam.

What does pardon petition dossier in Vietnam comprise?

Article 14 of the Law on Amnesty 2018 provides that pardon petition dossier is as follows:

1. A petition for pardon.

2. Documents evidencing the personal backgrounds and family circumstances of the pardon petitioner.

3. Documents evidencing the completion of additional penalty of fine and full payment of the court fee. A decision made by the competent court in case of exemption from the fine or court fee.

A convict of offense prescribed in Point d Clause 1 Article 11 of this Law must have proof of complete fulfillment of the obligation to return the property or make restitution, or of other civil obligations.

A person in the case prescribed in Point dd Clause 1 Article 11 of this Law must give proof that he/she has completely fulfilled the obligation or has partly fulfilled the obligation to return the property or make restitution or other civil obligations and has obtained a decision made by the civil judgment enforcement agency certifying judgment debtor’s incapacity to satisfy the judgment debt. If the judgment creditor consents to the judgment enforcement suspension or gives no request for judgment enforcement associated with the property not owned by the state, such consent must be made in writing with certification of the competent authority.

A person in the case prescribed in Point c Clause 3 Article 11 of this Law must obtain a conclusion of the Medical Examination Council, or at least a provincial-level or military-zone hospital.

A person in the case prescribed in Point e Clause 3 Article 11 of this Law must obtain a certification of the People’s Committee of commune where his/her family is residing.

A person in the case prescribed in Point h Clause 3 Article 11 of this Law must obtain a certificate of disability issued by the People’s Committee of commune where he/she resides; or a decision issued by the competent court, declaring that he/she has difficulties in perception and behavior control.

4. A commitment not to violate law and to continue to completely serve the additional penalties being fines or restitution, fulfill obligation to return the property or fulfill other civil obligations after being granted pardon.

5. A petition for pardon made by the superintendent of the prison or detention center affiliated to the Ministry of Public Security, the Ministry of National Defense, the head of criminal judgment enforcement agency affiliated to provincial Public Security, the head of criminal judgment enforcement agency of military zone.

If a person petitions for a pardon and his/her imprisonment sentence has been suspended, he/she must obtain a petition for pardon made by the People’s Court of province, the Military Court of military zone and appraisal of the People’s Committee of commune, military unit in charge if he/she has strictly complied with laws and regulations during such suspension period.

Thus, the pardon petition dossier in Vietnam will include the documents as prescribed above.

Best Regards!