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Law 11/2007/qh12: Parole

Original Language Title: Luật 07/2007/QH12: Đặc xá

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Parole ACT _ _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Parliament enacted a special Law, chapter I GENERAL PROVISIONS article 1. Scope this law regulates the time, sequence, procedure, jurisdiction, shall make parole; conditions, rights and obligations of the person recommended parole, the parole.
Article 2. The object to apply this law apply to: 1. Persons sentenced to imprisonment term, life imprisonment;
2. The Agency, organization, citizens of the Socialist Republic of Vietnam; organizations, foreign individuals, international organizations reside, operate on the territory of the Socialist Republic of Vietnam-related operations.
Article 3. Explanation of terms In this law, the terms below are interpreted as follows: 1. Parole is the mercy of the State President decided tha jail ahead of time for the person sentenced to imprisonment, life imprisonment term relative big events, big country's holidays or in special cases.
2. The decision on parole is the writer a President regulation time of parole, objects, the condition of the person who recommended parole and the accountability of the agencies, institutions in the implementation of parole.
3. The decision to parole is the text of President decided tha jail ahead of time for the person sentenced to imprisonment term, life imprisonment.
4. the Special Advisory Council is interdisciplinary organizations including representative bodies, related institutions President decided to implement the decision on parole by the State President and Chief Counsel for the State President, performs operations.
Article 4. The principle made parole 1. In compliance with the Constitution, the law, ensure the interests of the State, the legitimate rights and interests of organizations and individuals.
2. Ensuring democracy, objectivity, fairness, public, transparent.
3. Insure domestic requirements, Foreign Affairs, national security, social order and safety.
Article 5. Special residence time 1. The President considered, decisions about parole for persons sentenced to imprisonment term, life imprisonment was reduced prison term are criminal prisoners important events or holidays in the country.
2. in special cases, the President decided to parole for persons sentenced to imprisonment term, life imprisonment is penalty of jail, was delayed, temporarily suspended penalty of jail does not depend on time as stipulated in paragraph 1 of this article.
Article 6. The State's policy of State parole officers, encouraging people sentenced to imprisonment repentance, actively learning, improvement of labor to be entitled to parole; help the parole stable life, striving to become useful to society.
Article 7. The acts prohibited in the making parole 1. Advantage, abuse of position, authority to recommend parole for persons not eligible for parole; not recommended for parole parole eligibility; impede the sentenced imprisonment made recommended parole rights.
2. Receive bribes, harassment in the parole.
3. Knowingly issued papers, documents related to the proposed parole contravention of the law.
4. Refusal to grant papers, documents that are prescribed by the law the person recommended parole should be granted.
Chapter II SPECIAL BIG EVENT or STAFF ACCOMMODATION HOLIDAYS of the COUNTRY category 1 PROCEDURE the PRESIDENT issued, ANNOUNCED the DECISION on PAROLE article 8. The procedure the President promulgated a decision on parole at the request of the President or in the event the Government recommended parole be President accepted, the Government coordinated with the Supreme People's Court, the Supreme People's Procuratorate and other relevant research agencies , do the Sheets to look at, the President issued the decision on parole.
Article 9. Announced and informed decisions about the parole of the President to decide on parole by the State President was announced and reported on the mass media.
After the decision on parole by the State President was announced, was listed on the detention, detention camp.
Section 2 conditions, RIGHTS and OBLIGATIONS of the PERSON RECOMMENDED PAROLE article 10. The recommended parole conditions 1. People sentenced to imprisonment term, life imprisonment was reduced prison term are criminal the recommended prison parole must have the following conditions: a) good standing regulation, rules of detention, detention camps; actively learning, labour; in the process of criminal inmates were renovated from the pretty; When the parole does not affect security, order, social security;
b) Have criminal prison was for some time President decision but at least a third of the time for the penalty of jail time, if previously was the Executive term reduction of penalty, the time limit is not reduced time penalty of jail; at least fourteen years for the penalty of imprisonment;
c) for persons sentenced to imprisonment on the crime of corruption or other crimes be President decided in each property specification must then complete the additional penalty Executive's compensation, fines, court fees or other civil obligation.
2. Persons sentenced to imprisonment term, life imprisonment was reduced jail term is criminal in jail are eligible as defined in point a and point c of paragraph 1 of this article be President decided time penalty of jail time shorter than specified in point b of paragraph 1 of this article when in one of the following circumstances here: a) established the large penalty of imprisonment, detention, detention camps;
b) Is wounded; soldiers disease; people who have achievements in the fight to protect the homeland, building socialism was awarded one of the title of hero of the people's armed forces, labor hero, Medal of honor, the Medal of the resistance, the title of Dung Sy in the war to save water; the relatives are martyrs; the son of Vietnam hero mothers; the son of a family with water;
c) Is people are getting illness or sickness often, medical examiners have concluded or confirmed by the competent medical authorities;
d) when the offence is a minor;
DD) is the person from 70 years of age;
e) family circumstances particularly difficult, as the only labour in families, of the people's Committee of social where families that person resides;
g) other cases decided by the President.
3. The Government is responsible for the detailed guide to the application of the condition of the person who recommended parole under the Parole decisions of the President.
Article 11. The case does not recommend parole eligible Person prescribed in article 10 of this law not recommended parole in the following cases: 1. The judgment or decision of a court for the person is there to protest under procedure of Cassation, retrial;
2. Are suffering prejudice criminal liability of another offence;
3. Previous parole;
4. Two criminal;
5. Other cases decided by the President.
Article 12. Rights of the person recommended parole 1. Be informed about the policy, laws on parole, parole decisions of the President, the text direction of the competent authority about the condition of the person who recommended parole and other information about the parole pertaining to the suggested parole.
2. contact with relatives, individual, body, authority organizations collect, deliver papers, documents required to complete the proposed parole records.
3. Complaints, accusations as prescribed in Chapter V of this law.
Article 13. The obligation of the person who recommended parole 1. Apply for parole under the provisions of this law.
2. Declare full, truthful personal information related to the proposed parole.
3. Observance of the full additional punishment is a fine, compensation for damage, court fees or other civil obligation after parole.
Category 3 sequence, PROCEDURE SUGGEST PAROLE, MAKE PAROLE DECISIONS article 14. Recommended parole records 1. An application for parole.
2. Documents of the individual, the family circumstances of the person who recommended parole.
3. Documents that the Executive has done additional punishment is a fine, compensation for damage, court fees or other civil obligation.
4. Commit to not violate the law, keep full executive additional punishment is a fine, compensation for damage, court fees or other civil obligation after parole.
5. the proposed text of the parole supervisor, oversaw detention camps.
Article 15. Sequence establishment procedures, recommend parole based on the decision on parole by the State President and the instructions of the competent State agencies, sequence, procedure of making parole proposal is made as follows: 1. detention supervisor, oversaw detention camps under the Ministry of public security The Ministry of Defense is responsible for reviewing, the list profiles and who are criminal prisoners are eligible to recommend parole under the provisions of the law, notice, listed the list of recommended parole people in prisons, detention camps and make the text proposed to the Minister of public safety Minister of Defense review.
2. Supervisor detained in provincial public security chief detained a military district and equivalent responsibility to recheck the list of profiles and people are criminal prisoners are eligible to recommend parole under the provisions of the law, report to the Director of public security provincial level , Commander of military region and the equivalent. Director of provincial public security, Commander of military region and the equivalent list review, recommend to the Minister of public security, the Minister of Defense review. Detention camp warden notice, listed this list at the detention camp.
3. The Minister of public security, the Minister of Defense is responsible for reviewing proposed parole records are established according to the provisions in clause 1 and clause 2 of this Thing and make a list of qualified people and list of people not eligible to recommend parole to the Parole Board to consider.
Article 16. The procedure the President a list of proposed parole

Property of Special Advisory Council organized the appraisal records, list by the Minister of public security, the Minister of Defense; make a list of qualified people and list of people who are not eligible for parole the State President to review the decision.
Article 17. Instructions on the sequence, procedure list, the evaluation recommended parole records 1. The Government has the responsibility to guide the order, make a list of procedures, the evaluation recommended parole records and instructions made the decision on parole by the State President.
2. The Ministry of public security, the Ministry of defence, the Supreme People's Court, the Supreme People's Procuracy agencies and relevant organizations, within the scope of his authority, mission guides, coordinating the preparation of the list, review of proposed parole records.
Article 18. Made the decision to parole When there are parole decisions of the President, oversaw detention, detention camp, supervisor of the Ministry of public security, the Ministry of Defense, the Director of provincial public security, Commander of military region and the equivalent is responsible for: 1. The organisation announced and made the decision to parole for parole;
2. Certificate of parole for the parole;
3. Immediately notify in writing to the Committee where the township-level people's parole on residences.
Article 19. Made the decision to parole for foreigners When there are parole decision of the President with respect to foreigners, the Ministry of public security, the Ministry of Defense coordinated with the Foreign Ministry notify foreign missions, the consular authorities of the country in which the parole is known and recommended coordination parole decisions of the President.
Article 20. Rights and duties of the parole 1. The parole has the right: a) Are property of special certification;
b) Are local government agencies and related organizations, facilitate, help to integrate with the family and the community;
c) enjoy other rights as for the Executive who had done prison punishment prescribed by the law.
2. The parole is obliged: a to present a special certificate) dormitories with communal level people's committees where the person resides;
b) fulfill the obligations already committed;
c) strictly enforce the policy, the laws of the State.
Chapter III RESIDENCE in EXCEPTIONAL CASES article 21. The parole in special cases, In special cases, to respond to domestic requirements, the State's foreign relations, the President decided to parole for persons sentenced to imprisonment term, life imprisonment is penalty of jail, who are delayed, temporarily suspended the jail penalty that does not depend on the conditions specified in article 10 and article 11 of this law.
Article 22. The sequences, procedures established parole records in special cases, at the request of the President or at the suggestion of the Government on parole be President accepted, the Government coordinated with the Supreme People's Court, the Supreme People's Procuratorate and the agencies relevant organizations, created the profile of the person who recommended the parole process review, the President decided.
Article 23. Made the decision to parole in special cases 1. The Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of the mission, his powers have a responsibility to the Organization made the decision to parole of the President in special cases.
2. The implementation of the decision of President parole for foreigners in special cases be applied according to the provisions of article 19 of this law.
3. The parole in special cases to have rights and obligations under the provisions of article 20 of this law.
Chapter IV LIABILITY of the AGENCY, HELD in a SPECIAL AMNESTY IMPLEMENTATION article 24. The responsibility of the Government 1. Issued guidance documents as defined in paragraph 3 article 10 and paragraph 1 of article 17 of this Law.
2. Directs the Organization of advocacy, dissemination of meaning, purpose and content of special activities.
3. Directs the Ministry of public security, the Ministry of Defense, other government agencies and people's committees of the levels made parole under the provisions of this law, the decision on parole by the State President and the writing guide.
Article 25. Responsibilities of parole Advisory Council 1. Property of Special Advisory Council President decided to establish when decisions about parole, including a Deputy Prime Minister as the Chairman and the Commissioners as representatives of the following organizations, bodies: a);
b) Ministry of Defense;
c) the Ministry of Justice;
d) Supreme People's Court;
DD) Supreme People's Procuracy;
e) Office of the President;
g) Office of Government;
h) Central Committee of Vietnam Fatherland Front;
I) the ministries, bodies, related institutions President decide when necessary.
2. The responsibility of the Board of parole consultants: a) parole decisions implementation of State President;
b) reviewing, appraising records, list of qualified people and list of people not eligible to recommend parole by the Minister of public security, the Minister of Defense;
c) review, and the President a list of qualified people and list of people who are not eligible for parole to the President to decide;
d) other missions on parole by the State President.
3. The Chairman of the Advisory Board of parole responsible to the President about the operation of the Parole Board as specified in paragraph 2 of this Article.
Article 26. The responsibility of the Ministry of public security 1. Guide, test, urge the correctional supervisor, oversaw detention camps under the Ministry of public security and Director of the provincial public security made the proposed parole records, the Organization made the decision to parole prescribed in item 1 and item 2 article 15, paragraph 2 article 17 and article 18 of this law and the text of the instructions of the competent State bodies.
2. Coordinated with the Supreme People's Court, the Supreme People's Procuratorate, the Central Committee of the Vietnam Fatherland Front and the relevant authorities examined property operations at the jail, detention, parole Advisory Council to help organize the evaluation recommended parole records.
3. the public security direction issued in collaboration with agencies, organizations involved in the management, education and helping the parole back early local settlement and prevention of them violate the law.
Article 27. The responsibility of the Department of Defense instructions, test, urge the correctional supervisor, supervisor of the detention camps, the Commander of military region and the equivalent done setting records suggest parole, the Organization made the decision to parole prescribed in item 1 and item 2 article 15 clause 2, article 17 and article 18 of this law and the text of the instructions of the competent State bodies.
Article 28. The responsibility of the Supreme People's Court 1. In collaboration with the Ministry of public security, the Ministry of defence, the Supreme People's Procuracy agencies and organizations involved in special operations.
2. Instructions, test, urging the Court to grant parole made under prescribed in clause 2 article 17, article 22 and Article 23 paragraph 1 of this law and the text of the instructions of the competent State bodies.
Article 29. The responsibility of the Supreme People's Procuracy 1. The Prosecutor directly the establishment of records suggest parole, parole decisions made by the President at the jail, detention under the Ministry of public security, the Ministry of defence as defined in item 1 and item 2 article 15 and article 18 of this law.
2. Instructions, test, urge provincial people's Procuratorate, the Procuracy of military zone and equivalent prosecution setting records suggest parole, parole decisions made by the President at the detention in police detention camps, provincial military district and the equivalent as defined in item 1 and item 2 article 15 and article 18 of this law.
Article 30. The responsibility of the people's committees, bodies, related institutions 1. Common Law, propaganda parole, parole decisions of the President and the guidance documents of the competent State bodies.
2. Provide the information and documents relevant to the identity; certification, verification of the observance of the law, policy or family situation or the papers, other documents required of the person recommended parole.
3. Reception, facilitate, help users parole back to immersing with the family and the community, create jobs, stabilize life and become useful to society.
Article 31. The responsibility of the Vietnam Fatherland Front and the Member organization 1. In collaboration with agencies, related organizations, Common Law propaganda parole, parole decisions of the President and the guidance documents of the competent State bodies.
2. In coordination with the local authorities create conditions, help the parole back to immersing with the family and the community, prevent re-offending, create jobs, stabilize life and become useful to society.
3. Monitor the Agency's activities, the Organization, authority in the implementation of the law on parole, parole decisions of the President and the guidance documents of the competent State bodies.
Chapter V COMPLAINTS, accusations the thing 32. Complaints about the roster was offered parole workers important events or major holidays of the country 1. People may apply for parole has the right to complain about the person that is eligible but not prison warden, Superintendent detained under the Ministry of public security, the Ministry of Defense, the Director of provincial public security, Commander of military region and the equivalent list of people recommended parole.
2. The complainant can himself or through a legal representative to complain.
3. The time limit for appeal is five working days from the date of detention supervisor, oversaw detention notice, listed on list of people recommended parole.
Article 33. The authority and the time limit for complaint resolution correctional supervisor, oversaw detention camps under the Ministry of public security, the Ministry of Defense, the Director of provincial public security, Commander of military region and equal responsibility to consider and resolve complaints within three working days from the date of receiving the complaint.

The case does not agree with the results resolve complaints of prison warden, Superintendent detained under the Ministry of public security, the Ministry of Defense, the Director of provincial public security, Commander of military region and the equivalent within three working days from the date of receiving the results of complaint resolution , the complainant has the right to continue to appeal to the Minister of public security, the Minister of Defense. The Minister of public security, the Minister of national defence has the responsibility to consider, if acceptable to complain, then put on the list of people eligible to recommend parole; If complaints are not accepted, then put on a list of people not eligible to recommend parole.
Article 34. To report violations of the law in making parole citizens have the right to report violations of the law in the performance of parole.
The settlement report in the implementation of parole under the provisions of the law about the accusations.
Chapter IV the TERMS OF IMPLEMENTATION of Article 35. Effect of this Law has effect from 1 March 2008.
Article 36. Government enforcement guide detailing and guiding the implementation of this law this law was the National Assembly of the Socialist Republic of Vietnam XII, session 2 through November 21, 2007./.