Conditions for special amnesty or sentence reduction according to the latest regulations

Special amnesty and reduction of the term of imprisonment are humanitarian policies of the State, creating opportunities for people who are serving sentences to reintegrate into the community as soon as possible when they fully meet the conditions prescribed by law. However, not all cases are considered for special amnesty or sentence reduction, but must meet specific criteria on the time of serving the sentence, the process of rehabilitation, compensation for civil obligations and many other conditions according to the latest regulations. So what are the conditions for special amnesty and sentence reduction now? HTC Vietnam Law Firm will update the latest legal regulations and analyze in detail the conditions, documents as well as the review process to help readers understand and apply the regulations correctly.

1. What is special amnesty and sentence reduction?

"Special amnesty" means the special leniency of the State decided by the State President for persons sentenced to fixed-term imprisonment or life imprisonment who have been reduced to fixed-term imprisonment. The person granted special amnesty will be released from prison ahead of time and will not have to continue serving the remaining part of the prison sentence.

Meanwhile, "reduction of the term of imprisonment sentence" (often referred to as sentence reduction) is the Court's decision to reduce part of the term of imprisonment for an inmate on the basis of the request of the competent authority when that person meets the conditions prescribed by law.

Although they all show the State's leniency policy, special amnesty and sentence reduction have many differences:

- Regarding competence: Special amnesty shall be decided by the State President; sentence reduction decided by the Court.

- Regarding the time of application: Special amnesty is usually implemented in batches decided by the State President; sentence reduction shall be considered periodically in accordance with law.

- Regarding legal consequences: Special amnesty helps the sentence servant to be released from prison ahead of time, while reducing the sentence only reduces the time to continue serving the penalty.

The clear distinction between these 2 regulations helps the judgment servant and his family determine the right rights as well as conditions to be met.

2. Conditions for special amnesty according to the latest regulations

Special amnesty is not a natural right of all prisoners but is only considered for cases that fully meet the conditions under the Law on Special Amnesty and the President's Decision on special amnesty in each batch.

2.1. Legal basis

The current consideration of special amnesty is mainly carried out on the basis of:

- Law on Special Amnesty in 2018;

- Decisions on special amnesty issued by the State President in each batch;

- Relevant guiding documents.

Because the conditions for special amnesty can be supplemented or adjusted in batches, people who are serving sentences need to follow the latest special amnesty decision to know whether they are eligible for consideration or not.

2.2. Basic conditions for consideration for special amnesty

Normally, a person serving a prison sentence who wants to be proposed for special amnesty must meet the following conditions:

Firstly, there is a good renovation process. This is the most important condition. During the time of serving their sentences, inmates must strictly abide by the rules of the detention facility, actively study and work and be graded as good or higher in reform according to regulations.

Secondly, having served a certain period of imprisonment. The law stipulates that the person considered for special amnesty must fully serve the minimum time of the judgment on a case-by-case basis. For persons sentenced to life imprisonment who have been reduced to fixed-term imprisonment, they must also ensure the serving time as prescribed.

Thirdly, the obligations under the judgment have been performed. Persons proposed for special amnesty must fulfill or meet the conditions prescribed for the obligations of compensation for damages, court costs, fines, civil obligations and other payables according to judgments, unless otherwise provided for by law.

Fourth, having a clear place of residence after being granted special amnesty. Having a stable place of residence helps competent agencies manage and support special amnesty recipients to reintegrate into the community.

Fifth, they are not eligible for special amnesty. For certain cases, the law or the President's decision on special amnesty may stipulate that they are not eligible for consideration for special amnesty or must meet stricter conditions.

3. Conditions for reduction of the term of imprisonment sentence

Unlike special amnesty, the reduction of the term of imprisonment sentence is periodically considered for inmates who fully meet the conditions prescribed by the Criminal Code and the Law on Enforcement of Criminal Judgments.

3.1. Who is considered for sentence reduction?

Persons who are serving fixed-term imprisonment sentences or life imprisonment that have been reduced to fixed-term imprisonment can be considered for sentence reduction if they fully meet the statutory conditions.

However, being considered for reduction does not mean that it is definitely reduced. The final decision remains under the jurisdiction of the Court after reviewing the dossier and the request of the competent authority.

3.2. Conditions for sentence reduction

A person currently serving a sentence may be considered for reduction of the judgment serving term if he or she meets the following conditions:

- There has been a lot of progress in the renovation process.

- Strictly abide by the rules of the detention facility.

- Actively study, work and correct mistakes.

- Having served the minimum time as prescribed by law.

- For some cases, the obligation to compensate or civil obligations under the judgment has been fulfilled if required by law.

In addition, if they have special achievements such as meritorious achievements, saving lives, supporting the authorities or having initiatives that bring great value, prisoners may be considered for reducing their sentences at a higher level according to regulations.

3.3. Sentence reduction level and time of consideration for reduction

The consideration of sentence reduction shall be carried out in periodic installments as prescribed by law. The specific reduction depends on:

- Rehabilitation results of inmates;

- The time the sentence has been served;

- Type of crime;

- Other conditions as prescribed by law.

For persons sentenced to life imprisonment, after satisfying the statutory conditions, they may be reduced to fixed-term imprisonment before continuing to be considered for reduction of the sentence term.

4. Some notes when considering special amnesty or sentence reduction

Judgment servants and their families should pay attention to the following issues:

- Not having served enough time as prescribed is automatically granted special amnesty or sentence reduction.

- The results of the renovation classification are an important basis for the competent authority to consider.

- The performance of judgment obligations, especially the obligation to compensate for damages and enforceable amounts, may affect the consideration in each case.

- Each round of special amnesty has a Decision of the President specifying the conditions, subjects and time of application. Therefore, it is necessary to follow the latest document to determine whether you are eligible or not.

- People who have many progressive circumstances, actively rehabilitate and strictly comply with the regulations of the detention facility will have more opportunities to be considered for the leniency policy.

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(Written by: Nguyen Mai Ninh; Date written: 31/7/2026)

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