Conditions for Conditional Early Release from Prison

Conditional early release from prison

Conditional early release from prison is a measure applied by the Court to a person currently serving a prison sentence who fully meets the conditions prescribed by the Criminal Code, where it is deemed unnecessary to continue requiring such person to serve their sentence in a detention facility.

Conditions for conditional early release from prison for persons serving sentences for serious crimes, very serious crimes, or particularly serious crimes

A person serving a sentence for a serious crime, very serious crime, or particularly serious crime, who does not fall under the circumstances specified in Clause 2, Article 66 of the Criminal Code, may be granted conditional early release from prison if all of the following conditions are met:

1. The prison sentence has been commuted (sentence reduction granted).

2. The offender is a first-time offender.

   A person is considered a first-time offender if falling into one of the following categories:
   a) Has never committed a crime before;
   b) Has previously committed a crime but was exempted from criminal liability;
   c) Has previously committed a crime but was subject to the judicial measure of education in a reformatory school;
   d) Has previously been convicted but is considered as having no criminal record.

3. The offender demonstrates significant progress and good rehabilitation awareness, as shown by strict compliance with detention facility regulations, active participation in study and labor for rehabilitation, and consistently achieving at least a “fair” classification in sentence execution assessments over consecutive quarters as prescribed by the Law on Execution of Criminal Judgments, specifically:

   a) For life imprisonment reduced to fixed-term imprisonment: at least 20 consecutive quarters up to the time of consideration must be rated “fair” or above.
   b) For prison terms of 20 to 30 years: at least 16 consecutive quarters.
   c) For prison terms of 15 to 20 years: at least 12 consecutive quarters.
   d) For prison terms of 10 to 15 years: at least 8 consecutive quarters.
   đ) For prison terms of 5 to 10 years: at least 6 consecutive quarters.
   e) For prison terms of 3 to 5 years: at least 4 consecutive quarters.
   g) For prison terms of up to 3 years: at least 2 consecutive quarters.

   Example: Nguyen Van A was sentenced to 14 years’ imprisonment. By March 31, 2018, he had served 7 years. To qualify for consideration of conditional early release in Q1/2018, he must have achieved at least “fair” classification for 8 consecutive quarters: Q1/2018; Q1–Q4/2017; Q2–Q4/2016.

4. Having a clear place of residence.

   A place of residence refers to a temporary or permanent residence under the Law on Residence where the released person will return to live regularly after being granted conditional early release.
   A clear place of residence means a residence with a specifically identifiable address.

5. Having fulfilled additional penalties, court fees, and compensation obligations.

   a) Fulfillment of additional penalties in the form of fines and court fees means full payment of such amounts, evidenced by receipts, or a court decision exempting the person from payment.
   b) Fulfillment of compensation obligations includes: completion of compensation as ordered by a court judgment or decision; issuance of a suspension decision by the competent civil judgment enforcement authority; or a written agreement with the victim or their lawful representative, duly confirmed by the competent authority, exempting the person from further compensation.

6. Having served at least one-half of the fixed-term prison sentence; or at least 15 years in cases where life imprisonment has been reduced to fixed-term imprisonment.

   a) The served term includes time spent in custody, detention, or serving imprisonment in detention facilities, or compulsory medical treatment during investigation, prosecution, trial, or enforcement stages, excluding periods on bail, postponed or suspended sentence execution, and including time reductions granted.

   Example: Nguyen Van B was sentenced to 14 years’ imprisonment. By March 31, 2018, he had served 7 years. During this time, he was granted a 1-year reduction, leaving 6 years remaining.

   b) For revolution contributors, relatives of revolution contributors, persons aged 70 or older, persons with severe or particularly severe disabilities, and women raising children under 36 months, at least one-third of the fixed-term sentence must be served, or at least 12 years in cases where life imprisonment has been reduced to fixed-term imprisonment.

   Definitions of revolution contributors, relatives thereof, and persons with severe disabilities shall follow the relevant laws. Assessments of disability severity are based on conclusions from provincial-level medical assessment councils or disability determination councils.

7. Careful and strict consideration is required when granting conditional early release to ensure no adverse impact on security and social order, particularly in cases of drug-related crimes, corruption, organized crime, masterminds, leaders, instigators, stubborn resisters, thugs, or dangerous recidivists.

Conditions for conditional early release for persons serving sentences for less serious crimes

A person serving a sentence for a less serious crime, who does not fall under Clause 2, Article 66 of the Criminal Code, may be granted conditional early release if the conditions specified in Clauses 2, 3, 4, 5, and 6 of Article 2 of Resolution No. 01/2018/NQ-HĐTP are met.

Conditions for conditional early release for persons under 18 years of age serving prison sentences

A person under 18 years of age serving a prison sentence, who does not fall under Clause 2, Article 66 of the Criminal Code, may be granted conditional early release if all of the following conditions are met:

1. Meeting the conditions specified in Clauses 2, 3, and 4 of Article 2 of Resolution No. 01/2018/NQ-HĐTP.

2. Having served at least one-third of the prison sentence.

Note: Conditional early release shall not apply to persons convicted under the following circumstances:

1. Persons convicted of crimes under Chapter XIII, Chapter XXVI, Article 299 of the Criminal Code; persons sentenced to 10 years or more for crimes under Chapter XIV committed intentionally; or persons sentenced to 7 years or more for crimes under Articles 168, 169, 248, 251, and 252 of the Criminal Code.
2. Persons sentenced to death who have been granted commutation or fall under Clause 3, Article 40 of the Criminal Code.

Legal basis:

• Article 66 of the Criminal Code 2015;

• Clause 9, Article 1 of the Law amending the Criminal Code 2017;

• Articles 1–4 of Resolution No. 01/2018/NQ-HĐTP guiding the application of Articles 66 and 106 of the Criminal Code on conditional early release from prison.