Will a person serving suspended sentence have the right to register for permanent residence in Vietnam during the probation period?
- Will a person serving suspended sentence have the right to register for permanent residence in Vietnam during the probation period?
- When will a person serving a suspended sentence be allowed to be absent from his/her place of residence in Vietnam?
- Vietnam: How long does it take for a person serving a suspended sentence to have his/her conviction expunged?
Will a person serving suspended sentence have the right to register for permanent residence in Vietnam during the probation period?
Pursuant to Article 4 of the Law on Residence 2020, regulations on exercise of right to freedom of residence of citizens are as follows:
Exercise of right to freedom of residence of citizens
1. Citizens shall exercise their right to freedom of residence in accordance with this Law and other relevant provisions of law.
2. Exercise of the right to freedom of residence of citizens will be restricted for the following cases:
a) Persons banned from leaving their place of residence or temporarily detained by presiding officers or presiding authorities; convicts yet to receive the sentence enforcement decision or having received the sentence enforcement decision but out on bail or granted suspension of sentence enforcement; convicts undergoing probation; persons serving a custodial sentence, imposed a residence ban, under mandatory supervision or serving a community sentence; and persons on parole;
b) Persons currently subject to compulsory education in their communes or serving a sentence in a correctional institution or rehabilitation center; persons to serve a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement; and persons under supervision during consideration of admission to a correctional institution or rehabilitation center;
c) Persons placed under medical quarantine as they pose the risk of spreading an infectious disease to the community;
d) Locations and areas placed under medical quarantine for prevention and control of an infectious disease as per the decision of the competent authority or person; localities declaring state of emergency as per the law; locations forbidden from new permanent residence registration, new temporary residence registration and household division according to regulations of this Law;
dd) Other cases per the law.
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Thus, people serving a suspended sentence during the probation period will have their freedom of residence restricted. This means that people on probation will not be able to freely register for permanent residence during the probation period.
Will a person serving suspended sentence have the right to register for permanent residence in Vietnam during the probation period?
When will a person serving a suspended sentence be allowed to be absent from his/her place of residence in Vietnam?
Pursuant to Article 92 of the Law on Execution of Criminal Judgments 2019 stipulates as follows:
Dealing with person serving suspended sentence’s change of place of residence or work
1. A person serving suspended sentence may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in Clause 2 hereof and makes a declaration of temporary absence as prescribed in law on residence. The absence duration from place of residence shall not exceed 60 days each and total absence duration may not exceed one third of the probation period, unless the parolee has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility.
2. When seeking permission for absence from place of residence, a person serving suspended sentence must submit a request for permission and obtain the permission from the People’s Committee of commune or the military unit in charge. If the request is rejected, the People’s Committee of commune or the military unit in charge must provided explanation in writing. When the person serving suspended sentence comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides; upon expiry of the temporary residence duration, he/she must be certified by the People’s Committee of commune or police office of the commune. If the person serving suspended sentence commits a violation of law, the People’s Committee of commune where he/she temporarily resides shall send a notice enclosed with relevant documents to the People’s Committee of commune or the military unit in charge.
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Thus, according to the above regulations, a person serving suspended sentence may be absent from his/her place of residence if:
- he/she has justifiable grounds.
- he/she obtains the permission from the People’s Committee of commune or the military unit in charge
- he/she makes a declaration of temporary absence as prescribed in law on residence
Vietnam: How long does it take for a person serving a suspended sentence to have his/her conviction expunged?
Pursuant to Article 70 of the Criminal Code 2015, regulations on automatic conviction expungement are as follows:
Automatic conviction expungement
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2. Automatic conviction expungement shall be granted to a convict if he has served the primary sentence or the probation period of a suspended sentence, additional punishments, other decisions of the judgment and does not commit any new crime during the periods specified below:
a) 01 year in case of a warning, fine, community sentence or suspended imprisonment sentence;
b) 02 years in case of imprisonment of up to 05 years;
c) 03 years in case of imprisonment from over 05 years to 15 years;
d) 05 years in case of imprisonment of over 15 years or commuted life imprisonment.
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Thus, automatic conviction expungement shall be granted to a convict if he has served the primary sentence or the probation period of a suspended sentence, additional punishments, other decisions of the judgment and does not commit any new crime.
Accordingly, a convict may have his conviction expunged within 01 year from the end of the probation period of a suspended sentence, additional punishments, other decisions of the judgment and does not commit any new crime.
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