Vietnam: What are the procedures for applying for criminal record expungement in cases of serving suspended sentences? What is the application form for expungement of criminal records?
What are the procedures for applying for criminal record expungement in cases of serving suspended sentences in Vietnam?
Under Articles 70 and 72 of the 2015 Criminal Code, the cases of automatic criminal record expungement in Vietnam are specified as follows:
(1) Automatic criminal record expungement:
- Automatic criminal record expungement is granted to people convicted of crimes other than those specified in Chapter XIII and Chapter XXVI hereof after they have served their primary sentences, the probation period of a suspended sentence or when the time limit for sentence execution expires.
- Automatic criminal record expungement shall be granted to a convict if he has served the probation period of a suspended sentence, additional punishments, other decisions of the judgment and does not commit any new crime during 01 year;
Where a convict shows remarkable improvements and has made reparation to atone for the crime and criminal record expungement is requested by his/her employer or local authority, the court shall decide to grant criminal record expungement if has served at least one-third of the period specified.
(2) Special cases of criminal record expungement
Where a convict shows remarkable improvements and has made reparation to atone for the crime and criminal record expungement is requested by his/her employer or local authority, the court shall decide to grant criminal record expungement if has served at least one-third of 01 year.
(3) Criminal record expungement under a court's decision
criminal record expungement under a court's is granted to people convicted of crimes specified in Chapter XIII and Chapter XXVI hereof after they have served their primary sentences, the probation period of a suspended sentence or when the time limit for sentence execution expires.
The court shall decide whether to grant criminal record expungement to people convicted of criminal offenses in consideration of the nature of the crimes committed, the convicts' obedience to the law and working attitude.
The court shall grant criminal record expungement if the convict, after serving the primary sentence or probation period of a suspended sentence as well as additional sentences and other decisions of the judgment, does not commit any new crime during 01 year.
Procedures for criminal record expungement are specified in Article 369 of the 2015 Criminal Procedure Code. Accordingly, procedures for criminal record expungement are specified in Article 369 of 2015 for people serving suspended sentences, depending on the cases of criminal record expungement analyzed above, are as follows:
(1) The person whose criminal record is automatically expunged may apply for a judicial record card to prove that he or she does not have a criminal record.
The authority managing the criminal record database, in 05 days upon receiving the request by the person whose criminal records are eligible for expungement, shall consider the conditions as stated in Article 70 of the Criminal Code and issue a certificate of no judicial records.
(2) In case of criminal record expungement in special cases and expungement of criminal record expungement at the discretion of the Court:
The sentenced person must send the Court, which held the first-instance trial, his petition bearing remarks of the local authority at the commune, ward or town where he resides or of his workplace or educational facility.
The court that held the first-instance trial, in 03 days upon receiving the sentenced person’s petition, shall send the application for expungement to the equivalent Procuracy. The equivalent Procuracy, in 05 days upon obtaining the documents from the Court, shall respond in writing and return such papers to the Court.
The president of the Court that held the first-instance trial, in 05 days upon retrieving documents from the Procuracy, shall consider the eligibility and approve or reject the application for expungement.
The court, within 05 days upon issuing a decision to approve or reject the application for expungement, must have such decision sent to the sentenced person, equivalent Procuracy, local authorities at the commune, ward, or town where the person resides or his workplace or educational facility.
What is the application form for expungement of criminal records in Vietnam?
Currently, the law does not have specific provisions on the application form for expungement of criminal records in Vietnam.
Therefore, you can refer to the application form for expungement of criminal records in Vietnam below
Download the application form for expungement of criminal records in Vietnam: here
Does a judicial record card in Vietnam include information on criminal records?
Under Article 42 and Article 43 of the 2009 Law on Judicial Records as follows:
Contents of judicial record card No. 1
1. Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of the person to whom the judicial record card is issued.
2. Previous criminal record:
a/ For an unconvicted person, the words "no previous criminal record" shall be written. For a convict who has insufficient conditions for remission of his/her previous criminal records, the words "with a previous criminal record." the committed crime, principal and additional penalties shall be written;
b/ For a person whose previous criminal record has been remitted and for whom information on remission of previous criminal record has been updated in his/her judicial records, the words "no previous criminal record" shall be written;
c/ For a person eligible for amnesty and for whom information on amnesty has been updated in his/her judicial record, the words "no previous criminal record" shall be written.
3. Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:
a/ For a person not banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, the words "not banned from holding certain posts, establishing or managing enterprises or cooperatives" shall be written;
b/ For a person banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, posts subject to the ban and the duration of the ban on establishment or management of enterprises or cooperatives" shall be written.
In case individuals, agencies or organizations make no request, details specified in this Clause will not be written in judicial record cards.
Article 43. Contents of judicial record card No. 2
1. Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of the person to whom the judicial record card is issued, and full names of his/her parents and spouse.
2. Previous criminal record:
a/ For an unconvicted person, the words "no previous criminal record" shall be written.
b/ For a convict, his/her remitted previous criminal record, time of remission, previous criminal record not yet remitted, date of judgment pronouncement, serial number of the judgment, the court which has pronounced the judgment, crime, applicable article(s) and clause(s) of law, principal and additional penalties, civil obligation in the criminal judgment, court fee, and state of judgment enforcement.
In case a person is convicted under different judgments, information on his/her previous criminal records shall be written in the temporal order.
3. Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:
a/ For a person not banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, the words "not banned from holding certain posts, establishing or managing enterprises or cooperatives" shall be written;
b/ For a person banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, posts subject to the ban and the duration of the ban on establishment or management of enterprises or cooperatives shall be written.
Accordingly, both judicial record cards No. 1 and No.2 include information about the individual's criminal record status.
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