Cases of land violations are exempted, reduced sentences and criminal record expunged from May 1

Như Hạ (t/H) |

Resolution 29/2026/QH16 takes effect from May 1, 2026, stipulating specific policies on criminal handling of land violations before August 1, 2024.

According to Article 9 of Resolution 29/2026/QH16, from May 1, 2026, cases that have had judgments related to land violations may still be considered for exemption or reduction of penalties if they meet the conditions according to regulations.

People who have not yet served their sentences but are eligible under Article 6 are granted a maximum of 2 years of suspension from serving their sentences to remedy the consequences. If after this time the entire consequences have been remedied, they are exempt from serving the sentence.

For people who are serving sentences, if they meet the conditions according to Article 5, they are exempt from the remaining penalty. In case they do not meet the conditions for complete exemption, the Court shall base on the level of remediation and socio-economic efficiency of the project to reduce the penalty or sentence term.

In addition, a person who has completed the sentence but has not been cleared of criminal record and meets the conditions will be automatically cleared of criminal record. In case they are serving a prison sentence and meet the conditions according to Article 6, they may be temporarily suspended from serving the sentence to remedy the consequences, and then consider exemption or reduction of the sentence.

A noteworthy content in Article 10 of Resolution 29/2026/QH16, from May 1, 2026, cadres, civil servants, and public employees who violate the law on land may be exempted from discipline if there are no elements of corruption, violations aimed at socio-economic development or ensuring national defense and security, and projects that have been completed and brought about practical efficiency.

The accompanying condition is that it does not cause loss of state assets or if so, the full consequences have been remedied, and at the same time no complaints or denunciations have arisen or have been resolved definitively.

For cases where the consequences have not been remedied but there is a possibility of remediation, the Resolution allows not to consider disciplinary action within a maximum of 2 years to continue remediation. After this time, if remediation has been made, it is exempt from disciplinary action; if not, it is based on the level of remediation to mitigate the form of handling.

Như Hạ (t/H)
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