Implementing the Decision on the second round of amnesty in 2025.

Inmates at A2 Prison applaud after hearing the announcement of the President 's amnesty decision. (Photo: Tien Minh/VNA)

Deputy Prime Minister Nguyen Hoa Binh, Chairman of the Clemency Advisory Council, has just signed Guidance 94/HD-HĐTVĐX on the implementation of Decision No. 1244/2025/QĐ-CTN dated July 3, 2025, of the President of Vietnam on clemency in 2025 (phase 2).

Regarding the criteria for amnesty, according to the guidelines, those eligible for amnesty include: Persons sentenced to fixed-term imprisonment, or life imprisonment whose sentences have been reduced to fixed-term imprisonment, currently serving their sentences in prisons or detention centers (prisoners). Persons whose sentences have been temporarily suspended.

Conditions for being recommended for amnesty

The Clemency Advisory Council provides guidance on some provisions in Article 3 of the Decision on Clemency in 2025 (Phase 2) as follows: The provision in point a, clause 1, Article 3 of the Decision on Clemency in 2025 (Phase 2) 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 Clemency.

According to the provisions of points c and e, clause 1, 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 compliance with prison sentences for the second quarter is done on the last day of May.

Therefore, by the time the prisons and detention centers convene to consider and recommend pardons, prisoners must have completed several quarters of time that have been rated as "fair" or "good" for each sentence, and the period from June 1st to the date the prison or detention center's pardon review council convenes must have been assessed as "fair" or "good" in terms of their conduct during the prison sentence.

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 required quarterly performance ratings for each sentence level during their imprisonment (which were rated "fair" or "good"), 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 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 suspension or compulsory medical treatment period.

The time served in prison includes the time spent in temporary detention, custody, or serving the prison sentence in a prison or detention center, excluding time spent on bail, postponement, temporary suspension, and time for which the prison sentence has been reduced.

The time spent undergoing compulsory medical treatment during the investigation, prosecution, trial, and execution of the sentence 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.

Regarding regulations on the implementation of supplementary penalties such as fines, court fees, obligations to return property, compensation for damages, and other civil obligations: Prisoners or persons whose sentences have been temporarily suspended and who have not yet completed the supplementary penalty of a fine or court fees but have been granted exemption from the fine or court fees by the Court are also eligible as stipulated in point c, clause 1, Article 3 of the Decision on amnesty in 2025 (second phase).

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 considered to have completed their obligations. This is one of the cases stipulated in clause 2, Article 4 of Decree No. 52/2019/ND-CP. In addition, the following cases are also considered to have completed 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 portion of the alimony obligation has been fulfilled, or if 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 alimony 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 it is also considered as having fulfilled the alimony obligation.

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 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 may include receipts, invoices, or other documents demonstrating this, or 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, as 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.

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, is 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/NĐ-CP.

Regarding the provision that granting amnesty should not negatively impact security and order, as stipulated in point e, clause 1, Article 3 of the 2025 Amnesty Decision (second phase), the following criteria should be considered: the prisoner's personal background, family circumstances, and the potential impact on security, order, and crime prevention and control in the locality.

Inciting mass protests, demonstrations, and disturbances allows hostile forces to exploit, manipulate, and incite opposition against the government, distorting the Party's guidelines and the State's policies and laws. It causes confusion, fear, or indignation among the people. It hinders the implementation of the Party's guidelines and the State's policies and laws.

After the Clemency Review Council's meeting results are available, prisons and detention centers send the list of eligible prisoners recommended for clemency 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 and proposes that the Clemency Advisory Council consider and decide at its meeting.

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, Article 4 of Decree No. 52/2019/ND-CP.

Cases not eligible for amnesty

To ensure compliance with Article 4 of the 2025 Amnesty Decision (Phase 2), the Amnesty Advisory Council provides specific guidance on the following points: The basis for determining the cases stipulated in Clause 8, Article 4 of the 2025 Amnesty Decision (Phase 2) is the points, clauses, and articles in the Criminal 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.

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 from 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; and 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 relevant units and localities to inspect and appraise dossiers and lists of proposed pardons. From July 24, 2025 to August 8, 2025, the Standing Committee of the Pardon Advisory Council will compile the dossiers and lists and forward them to the members of the Pardon Advisory Council for review and appraisal.

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 release of those granted amnesty according to the President's decision will take place on September 1, 2025.

According to VNA

Source: https://baothanhhoa.vn/trien-khai-thuc-thuc-quyet-dinh-ve-dac-xa-dot-2-nam-2025-254170.htm