What are the conditions for automatic conviction expungement in Vietnam? What are the procedures for expungement of criminal records in Vietnam?
What are the conditions for automatic conviction expungement in Vietnam?
Pursuant to the provisions of Article 70 of the 2015 Criminal Code of Vietnam stipulating the conditions for automatic conviction expungement in Vietnam, specifically as follows:
Automatic conviction expungement in Vietnam
1. Automatic conviction 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, probation period of a suspended sentence or when the time limit for sentence execution expires and the conditions specified in Clause 2 and Clause 3 of this Article are met.
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.
A convict serving an additional punishment that is mandatory supervision, prohibition from residence, prohibition from holding certain positions, prohibition from doing certain jobs, deprivation of certain citizenship rights for a period longer than those specified in Point a, b and c of this Clause, automatic conviction expungement shall be granted when he/she finishes serving the additional punishment.
3. Automatic conviction expungement shall be granted to a convict if he/she does not commit any new crime during the period specified in Clause 2 of this Article from the end of the time limit for sentence execution.
4. The agency managing the criminal record database shall update information about criminal records of the convicts and issue criminal records which contains certification of no convictions on request if all conditions specified in Clause 2 or Clause 3 of this Article are satisfied.
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 during the periods specified below:
- 01 year in case of a warning, fine, community sentence or suspended imprisonment sentence;
- 02 years in case of imprisonment of up to 05 years;
- 03 years in case of imprisonment from over 05 years to 15 years;
- 05 years in case of imprisonment of over 15 years or commuted life imprisonment.
Note: Automatic conviction expungement does not apply to crimes in Chapter XIII and Chapter XXVI of the 2015 Criminal Code of Vietnam.
What are the conditions for automatic conviction expungement in Vietnam? What are the procedures for expungement of criminal records in Vietnam? (Image from the Internet)
What are the procedures for expungement of criminal records in Vietnam?
As for regulations on expungement of criminal records procedures, Article 369 of the 2015 Criminal Procedure Code of Vietnam specifically provides as follows:
Procedures for expungement of criminal records in Vietnam
1. 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 justice records.
2. The court shall decide the expungement in the events as defined in Article 71 and Article 72 of the Criminal Code. 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, in 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.
Thus, 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 justice records.
For conviction expungement under a court's decision or conviction expungement in special cases, the criminal record expungement procedures are prescribed that:
+ 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, in 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 are the regulations on conviction expungement under a court's decision and conviction expungement in special cases?
For conviction expungement under a court's decision in Article 71 of the 2015 Criminal Code of Vietnam, as amended by Clause 10, Article 1 of the 2017 Law on Amendments to the Criminal Code, specifically as follows:
(1) Conviction expungement under a court's decision is granted to people convicted of crimes specified in Chapter XIII and Chapter XXVI hereof. The court shall decide whether to grant conviction expungement in consideration of the nature of the crimes committed, the convicts' obedience to the law and working attitude, and fulfillment of the conditions specified in Clause 2 Article 71 of the 2015 Criminal Code of Vietnam.
(2) The court shall grant conviction expungement if the convict, after serving the primary sentence or probation period as well as additional sentences and other decisions of the judgment, does not commit any new crime over the following periods:
- 01 year in case of warning, community sentence, or suspended imprisonment;
- 03 years in case of imprisonment of up to 05 years;
- 05 years in case of 05 - 15 years' imprisonment;
- 07 years in case of > 15 years' imprisonment, life imprisonment or death sentence that is commuted.
If the convict is serving an additional sentence which is mandatory supervision, prohibition from residence, or deprivation of certain citizenship rights for a longer period than that specified in Point a and Point b of this Clause, conviction expungement shall be considered when he/she finishes serving the additional sentence.
(3) If an application for conviction expungement is rejected for the first time, it may only be resubmitted after 01 year from the day on which it is rejected; if the application for conviction expungement is rejected for the second time, it may only be resubmitted after 02 years from the day on which it is rejected.
For conviction expungement in special cases, Article 72 of the 2015 Criminal Code of Vietnam specifically as follows:
Where a convict shows remarkable improvements and has made reparation in an effort to atone for the crime and conviction expungement is requested by his/her employer or local authority, the court shall decide to grant conviction expungement if has served at least one third of the period specified in Clause 2 Article 70 and Clause 2 Article 71 of the 2015 Criminal Code of Vietnam.
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