Resolution No. 03/2025/NQ-HDTP on elaborating application of regulations pertaining to commutation of death sentence to life sentence

RESOLUTION

ELABORATING APPLICATION OF REGULATIONS PERTAINING TO COMMUTATION OF DEATH SENTENCE TO LIFE SENTENCE

Pursuant to the Law on Organization of People’s Court No. 34/2024/QH15 amended by the Law No. 81/2025/QH15;  

Pursuant to the Criminal Code 100/2015/QH13 amended by the Law No. 12/2017/QH14, the Law No. 59/2024/QH15, and the Law No. 86/2025/QH15;

For the purpose of adequate and uniform application of regulations on commutation of death sentence to life sentence in accordance with Clause 2 and Clause 3 Article 4 of the Law on amendment to the Criminal Code No. 86/2025/QH15;

After consulting Director of the Supreme People’s Procuracy and the Minister of Justice;

Council of Justices of the Supreme People’s Court promulgates Resolution guiding application of regulations on commutation of death sentence to life sentence.

Article 1. Scope

This Resolution provides guidelines on application of Clause 2 and Clause 3 Article 4 of the Law on amendment to the Criminal Code No. 86/2025/QH15 regarding commutation of death sentence to life sentence for people met with death sentence before July 1, 2025 and the sentence has not been executed.

Article 2. Cases in which death sentence is commuted to life sentence

People met with death sentence before July 1, 2025 where the sentence has not been executed shall benefit from commutation where they serve life sentence instead if:

1. They have terminal cancer according to Point c Clause 3 Article 40 of the Criminal Code No. 100/2015/QH13 amended by the Law No. 12/2017/QH14, the Law No. 59/2024/QH15, and the Law No. 86/2025/QH15 (hereinafter referred to as “Criminal Code”);

2. They are met with death sentence for: Activities against the people’s government (Article 109); Espionage (Article 110); Sabotaging facilities of Socialist Republic of Vietnam (Article 114); Manufacturing and trading of counterfeit medicines for treatment or prevention of diseases (Article 194); Illegal transport of narcotic substances (Article 250); Embezzlement (Article 353); Taking bribes (Article 354); or Disruption of peace, provocation of war of aggression (Article 421);

3. They are met with death sentence for Illegal manufacturing of narcotic substances (Article 248) or Illegal deal in narcotic substances (Article 251) if:

a) Quantity and volume of narcotics substances determined under judgment for determining penalties are equal to or lower than the minimum quantity and volume of narcotics substances under Clause 5 Article 248 or Clause 5 Article 251 of the Criminal Code;

b) Quantity and volume of narcotic substances determined under judgment for determining penalties are greater than the minimum quantity and volume under Clause 5 Article 248 or Clause 5 Article 251 of the Criminal Code wherein the convicted persons are not leaders, masterminds, or commanders, or in possession of at least 2 aggravating circumstances.

Article 3. Commutation of death sentence to life sentence for cases under Point c Clause 3 Article 40 of the Criminal Code

1. People convicted with death sentence and having terminal cancer shall be required to obtain conclusion of specialized medical examination and treatment establishments in accordance with the Law on Medical Examination and Treatment and guiding documents wherein terminal cancer is verified in order to be considered and have their death sentence commuted to life sentence.  Such conclusion must be issued by medical examination and treatment establishments must be issued at most 6 months prior the date on which Chief Justice of the Supreme People’s Court review and decide.

2. Upon receiving documents sent by detention centers affiliated to the Ministry of Public Security, detention centers affiliated to the Ministry of National Defense, detention centers of provincial police authorities regarding the fact that people met with death sentence fall under cases detailed in Point c Clause 3 Article 40 of the Criminal Code or where people met with death sentence are found to fall under cases detailed in Point c Clause 3 Article 40 of the Criminal Code, the Court that has handled initial trial shall prepare and send list of people whose death sentence is commuted to life sentence together with case files and relevant documents to Supreme People’s Procuracy.

3. Upon receiving list of people whose death sentence is commuted to life sentence together with case files, related documents, and feedback of the Supreme People’s Procuracy, Chief Justice of the Supreme People’s Court shall consider and commute death sentence to life sentence.

Article 4. Commutation of death sentence to life sentence for cases detailed under Point a Clause 3 Article 4 of the Law on amendment to the Criminal Code No. 86/2025/QH15

1. People met with death sentence for Illegal manufacturing of narcotic substances (Article 248) shall have their death sentence commuted to life sentence where:

a) Weight of opium sap, cannabis sap, or coca extract is equal to or lower than 30 kilogram;

b) Weight of heroine, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR- 11 is equal to or lower than 3 kilogram;

c) Weight of other narcotics substances in solid form is equal to or lower than 9 kilogram;

d) Volume of other narcotics substances in liquid form is equal to or lower than 22 liters;

dd) There are at least 2 narcotics substances of which total weight and volume are equivalent to quantity or volume of narcotics substances under any Point from Point a through Point d of this Clause.

2. People met with death sentence for Illegal manufacturing of narcotic substances (Article 251) shall have their death sentence commuted to life sentence where:

a) Weight of opium sap, cannabis sap, or coca extract is equal to or lower than 30 kilogram;

b) Weight of heroine, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR- 11 is equal to or lower than 3 kilogram;

c) Weight of coca leaves; Khat leaves; leaves, root, trunk, branches, flower, fruit of cannabis plants or other parts thereof containing narcotics substances is equal to or lower than 150 kilogram;

d) Weight of dried opium poppy fruit is equal to or lower than 1.200 kilogram;

dd) Weight of dried opium poppy fruit is equal to or lower than 300 kilogram;

e) Weight of other narcotics substances in solid form is equal to or lower than 9 kilogram;

g) Volume of other narcotics substances in liquid form is equal to or lower than 22 liters;

h) There are at least 2 narcotics substances of which total weight and volume are equivalent to quantity or volume of narcotics substances under any Point from Point a through Point g of this Clause.

Article 5. Commutation of death sentence to life sentence for cases detailed under Point b Clause 3 Article 4 of the Law on amendment to the Criminal Code No. 86/2025/QH15

People met with death sentence for Illegal manufacturing of narcotic substances (Article 248) or Illegal deal in narcotic substances (Article 251) shall have their death sentence commuted to life sentence where quantity, volume of narcotic substances under judgment is greater than the quantity and volume of narcotic substances under Article 4 hereof and:

1. The judgment does not identify them as leaders, masterminds, or commanders. Leaders, masterminds, and commanders can be identified as follows:

a) Leaders are individuals who establish, incite, or persuade accomplices to commit violations of the law;

b) Masterminds are individuals who initiate ideas, plans, or operating methods of the group;

c) Commanders are individuals who assign tasks, responsibilities, expedite, direct, coordinate operation of the group;

d) Individuals organizing violations of the law shall also be considered leaders, masterminds, commanders.

2. They do not have 2 aggravating circumstances or more under the judgment according to Article 52 of the Criminal Code.  In this case, the court shall rely solely on aggravating circumstances under Article 52 of the Criminal Code and disregard mitigating circumstances under Article 51 of the Criminal Code to consider and commute death sentence.

Article 6. Consideration and commutation of death sentence to life sentence in specific cases

1. For the purpose of consideration and commutation of death sentence to life sentence for cases under Article 5 hereof, the court shall rely on initial judgment, appellate judgment and proceed as follows:

a) Where initial judgment states, identifies persons met with death sentence as leaders, masterminds, or commanders in accordance with Clause 1 Article 5 hereof while appellate judgment does not state or states that persons met with death sentence are leaders, masterminds, or commanders and retains penalties, the persons’ death sentence shall not be commuted to life sentence;

b) Where both initial judgment and appellate judgment do not state nor deem persons met with death sentence as leaders, masterminds, or commanders but rely on quantity, volume of narcotics substances, aggravating circumstances, mitigating circumstances to determine penalties, the persons’ death sentence shall be commuted to life sentence if they do not have 2 aggravating circumstances or more;

c) Where judgment does not state persons met with death sentence as leaders, masterminds, or commanders but identifies the persons as individuals who have organized one or multiple activities in accordance with Clause 1 Article 5 hereof, the persons’ death sentence shall not be commuted to life sentence.

2. Where a case involves an accomplice or accomplices and only 1 defendant is tried then convicted with a death sentence for Illegal manufacturing of narcotic substances (Article 248) or Illegal deal in narcotic substances (Article 251), the court shall commute his/her death sentence to life sentence if the judgment does not state or deem him/her as the leader, mastermind, or commander and he/she does not have 2 aggravating circumstances or more.

3. Where a case has no accomplice and the defendant is convicted with a death sentence for Illegal manufacturing of narcotic substances (Article 248) or Illegal deal in narcotic substances (Article 251), the court shall commute death sentence to life sentence if he/she does not have 2 aggravating circumstances or more.

4. Where a person commits Illegal manufacturing of narcotic substances (Article 248) or Illegal deal in narcotic substances (Article 251) at least twice for which they are tried in the same case and met with death sentence and one of which they participate as a leader, mastermind, or commander, the court shall not commute his/her death sentence to life sentence.

5. Where a person is convicted for Illegal manufacturing of narcotic substances (Article 248) or Illegal deal in narcotic substances (Article 251) in multiple judgments among which death sentence judgments state that he/she is not the leader, mastermind, or commander while non-death sentence judgments state that he/she is the leader, mastermind, or commander, the court shall commute the death sentence to life sentence.

Article 7. Review and listing for cases under Clause 3 Article 4 of the Law on amendment to the Criminal Code No. 86/2025/QH15

Review and listing of people met with death sentence commuted to life sentence in accordance with Clause 3 Article 4 of the Law on amendment to the Criminal Code No. 86/2025/QH15 shall be carried out as follows:

1. Where court that has handled initial trial is in possession of the case file, the court shall review, prepare, and send list of persons met with death sentence commuted to life sentence together with case files and attachments (if any) to Supreme People’s Court within 3 working days from the date on which they finishing preparing the list;

2. Where Appellate court of the Supreme People’s Court is in possession of the case file, if the appellate judgment retains the initial judgment pertaining to death sentence, transfer the case file to provincial People’s Courts that have initiated initial trial which review, prepare, and send list of persons met with death sentence commuted to life sentence together with case files, attachments (if any) to Supreme People’s Court within 3 working days from the date on which the list is completed;

3. Where central military court is in possession of the case file, the court shall review, prepare, and send list of persons met with death sentence commuted to life sentence together with case files and attachments (if any) to Supreme People’s Court within 3 working days from the date on which they finishing preparing the list;

4. Chief Justice of the Supreme People’s Court shall, upon receiving list of persons met with death sentence commuted to life sentence together with case files and attachments (if any) transferred by the Supreme People’s Procuracy or Office of the President, review and commute death sentence to life sentence.

Article 8. Consideration of commutation of death sentence to life sentence

1. Chief Justice of the Supreme People’s Court shall consider and commute death sentence to life sentence as follows:

a) Where death sentence of a convicted person is not commuted to life sentence, Chief Justice of the Supreme People’s Court shall inform authorities that prepare the list and other relevant agencies (if any);

b) Where death sentence of a convicted person is commuted to life sentence, Chief Justice of the Supreme People’s Court shall issue decision on commutation of death sentence to life sentence.

2. Decision under Point b Clause 1 of this Article shall be sent to Office of the President, the Supreme People’s Procuracy, the court that has handled initial trial, peer Procuracy of the court that has handled initial trial, detention center where convicted person is located, and convicted person.

3. Within 7 days from the date on which Chief Justice of the court that has handled initial trial receives decision on commutation of death sentence from Chief Justices of Supreme People’s Court, Chief Justice of the court that has handled initial trial shall issue decision on life sentence to be complied with by person whose death sentence is commuted to life sentence.

Periods in which the person met with death sentence serve imprisonment shall count towards duration of prison sentence.

Article 9. Entry into force

This Resolution has been approved by the Council of Justices of the Supreme People’s Court on September 30, 2025 and comes into force from November 1, 2025./.