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Individuals eligible for amnesty
According to the guidelines, those eligible for amnesty include:
1. Persons sentenced to fixed-term imprisonment or life imprisonment whose sentences have been reduced to fixed-term imprisonment and who are currently serving their sentences in prisons or detention centers (prisoners).
2. Persons whose prison sentences are temporarily suspended.
Conditions for being recommended for amnesty
The Clemency Advisory Council provides guidance on certain provisions in Article 3 of the 2025 Clemency Decision (Phase 2) as follows:
1. The provision in point a, clause 1, Article 3 of the Decision on amnesty in 2025 (second phase) is the provision in point b, clause 2, Article 2 of the Law amending and supplementing a number of articles of the Penal Code and clause 1, Article 4 of Government Decree No. 52/2019/ND-CP dated June 14, 2019, detailing the implementation of a number of articles of the Law on Amnesty.
According to Clause c and Clause e, Article 18 of Government Decree No. 118/2024/ND-CP dated September 30, 2024, detailing the implementation of some articles of the Law on Execution of Criminal Sentences, the classification of prison sentence compliance for the second quarter is determined on the last day of May. Therefore, by the time prisons and detention centers hold meetings to consider and propose pardons, prisoners must have completed the quarters for which they have been classified as "fair" or "good" for each sentence level, and the period from June 1st to the date the prison or detention center's pardon review council meets must have been assessed as "fair" or "good" for their prison sentence compliance.
For prisoners whose sentences have been temporarily suspended or who have been subjected to compulsory medical treatment and have returned to prison or detention center to continue serving their sentences, in addition to the quarters for which they have received a "fair" or "good" rating for each sentence during their imprisonment, they must also obtain confirmation from the People's Committee of the commune where they reside, the military unit assigned to manage them during the temporary suspension period, or the medical facility where they received treatment during the compulsory medical treatment period that they have strictly complied with the provisions of the law during the temporary suspension or compulsory medical treatment period.
2. The time served in prison includes the time spent in temporary detention, custody, or serving the sentence in prisons or detention centers, excluding time spent on bail, postponement, suspension, or reduction of the sentence. Time spent undergoing compulsory medical treatment during the investigation, prosecution, trial, and execution phases is also counted towards the time served in prison.
The time reduced from the prison sentence is counted and deducted from the remaining prison sentence.
Example: Nguyen Van A was sentenced to 12 years in prison, arrested on August 31, 2016. As of August 31, 2025, Nguyen Van A has actually served 9 years, has had his sentence reduced 3 times, totaling 2 years, so the remaining prison sentence is 1 year.
3. Regarding regulations on the implementation of supplementary penalties such as fines, court fees, obligations to return property, compensation for damages, and other civil obligations.
a) Prisoners or persons whose sentences have been temporarily suspended and who have not yet completed the supplementary penalty of a fine or court fee, but who have been granted exemption from the fine or court fee by the Court, are also eligible for the conditions stipulated in point c, clause 1, Article 3 of the Decision on amnesty in 2025 (second phase).
b) Prisoners or persons whose sentences have been temporarily suspended and who have fulfilled their obligations to return property, compensate for damages, and other civil obligations as stipulated in point d, clause 1, Article 3 of the Decision on Amnesty in 2025 (Phase 2) are one of the cases specified in clause 2, Article 4 of Decree No. 52/2019/ND-CP. In addition, the following cases are also considered to have fulfilled compensation for damages and other civil obligations:
- In cases where alimony is required, the obligation must be fully fulfilled according to the court's judgment or decision, or the obligation must have been fulfilled once, as confirmed by the People's Committee of the commune of residence or the civil enforcement agency handling the case. If only a part of the alimony obligation has been fulfilled, or the obligation has not been fulfilled at all, but there is an agreement or confirmation from the legal representative of the victim or the person receiving alimony that they are no longer required to fulfill the obligation according to the court's judgment or decision, and this is confirmed by the People's Committee of the commune of residence or the civil enforcement agency handling the case, then the alimony obligation shall also be considered fulfilled.
- In cases where the offender is under 18 years of age as stipulated in point d, clause 3, Article 3 of the 2025 Amnesty Decision (Phase 2), and the court's judgment or decision assigns responsibility for compensation for damages and other civil obligations to the parents or legal representative, documentation must be provided to prove that the parents or legal representative have completed the compensation for damages or other civil obligations. This documentation includes: receipts, invoices, and other relevant documents demonstrating this; a decision to suspend enforcement of the judgment issued by the head of the competent civil enforcement agency; or a written agreement from the person entitled to enforcement or their legal representative stating that they are not required to fulfill the compensation for damages or other civil obligations according to the court's judgment or decision, confirmed by the People's Committee of the commune where they reside or the civil enforcement agency handling the case; or other documents demonstrating this.
c) In cases where a person sentenced to imprisonment has partially fulfilled their obligations to return property, compensate for damages, or other civil obligations, but due to exceptionally difficult economic circumstances, they are unable to continue fulfilling the remaining obligations as stipulated in the law on civil enforcement, as specified in point d, clause 1, Article 3 of the Decision on amnesty in 2025 (phase 2), this is the case stipulated in clause 3, Article 4 of Decree No. 52/2019/ND-CP.
4. Regarding the provision that granting amnesty should not negatively impact security and order, as stipulated in point e, clause 1, Article 3 of the Decision on Amnesty in 2025 (second phase), the following criteria should be considered:
- The prisoner's background and family circumstances, and the potential impact they may have on maintaining security and order and combating crime in the locality.
- Inciting mass complaints, protests, and disturbances to allow hostile forces to exploit, manipulate, and incite opposition against the government, distorting the Party's guidelines and the State's policies and laws.
- To cause confusion, fear, or outrage among the people.
- It creates difficulties in implementing the Party's guidelines and the State's policies and laws.
After the Clemency Review Council's meeting, prisons and detention centers send the list of eligible prisoners to the Standing Agency of the Clemency Advisory Council for compilation and submission to local police departments for verification of factors affecting security and order. Based on the verification results from local police departments, the Standing Agency of the Clemency Advisory Council compiles the list and proposes it to the Clemency Advisory Council for consideration and decision at its meeting.
5. Cases where individuals have made significant contributions during their imprisonment, are suffering from serious illnesses, are frequently ill and unable to care for themselves, have exceptionally difficult family circumstances, and are the sole breadwinners in their families, as stipulated in Clause 3, Article 3 of the Decision on Amnesty in 2025 (Phase 2), are those specified in Clauses 4, 5, 6, and 7 of Article 4 of Decree No. 52/2019/ND-CP.
Cases not eligible for amnesty
To ensure compliance with Article 4 of the Decision on Amnesty in 2025 (Phase 2), the Amnesty Advisory Council provides the following specific guidance:
1. The basis for determining the cases stipulated in Clause 8, Article 4 of the Decision on Amnesty in 2025 (Phase 2) is the points, clauses, and articles in the Penal Code that the Court applies when deciding on the punishment.
For cases of armed robbery as stipulated in Clause 8, Article 4 of the 2025 Amnesty Decision (Phase 2), in addition to the above-mentioned grounds, it is also necessary to rely on the provisions of legal documents on the management and use of weapons, explosives, and supporting tools in effect at the time the convicted person committed the crime (Ordinance on the Management and Use of Weapons, Explosives, and Supporting Tools; Law on the Management and Use of Weapons, Explosives, and Supporting Tools) to determine whether the object used by the offender to commit the crime is a weapon.
2. The basis for confirming the illegal use of narcotics in the case stipulated in Clause 13, Article 4 of the 2025 Amnesty Decision (Phase 2) is the documents in the prisoner's file and the file for the execution of the temporary suspension of the prison sentence (for those currently under temporary suspension of the prison sentence), such as: Judgments; Indictments; documents from the investigating agency; test results from the medical agency; self-declarations of the prisoner or the person currently under temporary suspension of the prison sentence admitting to the illegal use of narcotics, clearly stating the time and number of times the narcotics were used...; health examination reports from the detention facility; other documents from the detention facility or competent authorities confirming that the prisoner or the person currently under temporary suspension of the prison sentence has previously used narcotics illegally.
The organization will release those granted amnesty on September 1, 2025.
Regarding the implementation timeline, from July 20, 2025 to August 2, 2025, inter-agency appraisal teams will visit units and localities directly to inspect and appraise dossiers and lists of those recommended for amnesty.
From July 24, 2025 to August 8, 2025, the Standing Committee of the Clemency Advisory Council will compile dossiers and lists and forward them to the members of the Clemency Advisory Council for review and evaluation.
From August 8th, 2025 to August 18th, 2025, the Standing Committee of the Clemency Advisory Council of the Supreme People's Court will synthesize the opinions of the members of the Clemency Advisory Council and prepare dossiers and lists of eligible and ineligible individuals for clemency to be submitted to the Advisory Council for review.
From August 24th to August 26th, 2025, the Clemency Advisory Council will meet to review the list of those eligible for clemency.
From August 27th to August 28th, 2025, the Standing Committee of the Clemency Advisory Council will compile and finalize the list of those eligible for clemency and submit it to the President for decision.
A press conference will be held to announce the President's amnesty decision on August 30, 2025.
The organization will release those granted amnesty according to the President's Decision on September 1, 2025.
Phuong Nhi
Source: https://baochinhphu.vn/huong-dan-dac-xa-nam-2025-dot-2-102250706113219292.htm
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