On the afternoon of April 9 in Hà Nội, the Office of the President announced the 2026 amnesty decision issued by President Tô Lâm, according to the government’s online newspaper.
Following the timeline: Under the decision, individuals eligible for amnesty consideration include those serving fixed-term prison sentences, those whose original life sentences were commuted to fixed-term sentences, and those currently granted a temporary suspension of their prison sentences.
- However, political prisoners charged with “activities aimed at overthrowing the government” (Article 109) and “propaganda against the state” (Article 117)—the two most common charges applied to political dissidents—will not be considered for early release.
- Conversely, the commonly used charge of “abusing democratic freedoms” (Article 331) is not excluded, leaving open the possibility that prisoners convicted under this specific provision may still be considered.
- Additionally, Decision No. 457 clarifies and expands the categories of common criminals ineligible for amnesty compared to previous regulations. Excluded individuals now include those serving sentences with prior convictions who continue to commit intentional crimes; those convicted of rape involving incest; individuals convicted of two or more intentional offenses; and those sentenced to prison three or more times for the same intentional offense.
Important: This decision provides the legal framework for relevant authorities to compile and propose the list of individuals eligible for amnesty ahead of the April 30 holiday. The finalized list is typically not released to the public.
Context: These strict exclusions arrive as Việt Nam continues to hold hundreds of political prisoners. The country also ranks among the world’s worst jailers of the press.
According to the Committee to Protect Journalists (CPJ) prison census report for 2025, published in January 2026, Việt Nam is currently detaining at least 16 journalists, placing the country seventh globally. Notable detained figures include Phạm Đoan Trang and Huy Đức.
Thạch Hãn wrote this article in Vietnamese and published it in Luật Khoa Magazine on April 10, 2026. The Vietnamese Magazine has the copyrights of the English translation.
