Do people who commit robbery have to apply for their conviction expungement in Vietnam? Does a 15 year old commit a crime with a criminal record in Vietnam?

Do people who commit robbery have to apply for their conviction expungement in Vietnam?

I committed the crime of robbery and was sentenced to 3 years in prison and I was given a 4-month reduction in 2018. It has been 2 years, 8 months and 11 days now, so let me ask if I am eligible to have my criminal record expunged. Do I have to apply? I sincerely thank you.

Reply:

Pursuant to the provisions of Clause 2, Article 70 of the 2015 Crimianl Code, regulations on automatic expungement of criminal records:

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 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.

According to the information you provided, you were sentenced to prison for robbery with a sentence of 3 years in prison. Therefore, if within 02 years from completing the main sentence, you have completed the additional sentence or other decisions of the sentence and not committing a new crime will automatically have your criminal record expunged in Vietnam.

In case your criminal record is expunged in Vietnam, you do not need to go through the procedure to request the expungement of your criminal record. The agency managing the judicial record database is responsible for updating information about your criminal record situation and when you request to issue a criminal record certificate certifying that he has no criminal record if he meets the conditions to have your criminal record expunged.

Do people who commit robbery have to apply for their conviction expungement in Vietnam? Does a 15 year old commit a crime with a criminal record in Vietnam? (Image from the Internet)

Does a 15 year old commit a crime with a criminal record in Vietnam?

The criminal committed the crime at the age of 15 and was sentenced to 3 months in reeducation camp. Up to now, it has been completed. I would like to ask if my child has a criminal record? Thank you.

Reply:

Pursuant to Point a, Clause 1, Article 107 of the 2015 Crimianl Code stipulates:

1. A juvenile offender shall be treated as if he/she does not have a conviction in any of the following circumstances:

a) The offender is from 14 to under 16 years of age;

b) The offender aged from 16 to under 18 is convicted of a less serious crime, serious crime or an involuntary very serious crime;

c) Judicial measures specified in Section 3 of this Chapter are taken.

Thus, according to this regulation in Vietnam, convicted people from 14 years old to under 16 years old are considered to have no criminal record. Your child committed a crime and was convicted at the age of 15, so this case is also considered to have no criminal record.

If my relatives have not expunged their criminal records in Vietnam, can I still take the police exam?

In April 2019, three children were arrested and sent to re-education camp for 18 months for intentionally causing injury. My father just finished serving his sentence in early October. I would like to ask if this will result in a criminal record? If I have a criminal record, when will it be erased? Next year in 2021, if I plan to take the entrance exam to public security schools, will it have any impact? Hope to receive an answer. Thank you.

Reply:

In principle, all types of criminals have criminal records. However, after a certain period of time, if you do not commit any more crimes, your criminal record will automatically be erased.

According to Article 70 of the 2015 Crimianl Code, it is stipulated:

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 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.

So from the date of completion of the sentence (October 2021), after 1 year your father will automatically have his criminal record erased, i.e. October 2022.

According to the provisions of Circular 15/2016/TT-BCA regulating admission to Public Security schools, it does not regulate the personal conditions of relatives, so whether your father has a criminal record or not does not affect your decision to apply to public security schools.

However, due to the special nature of the industry, there are many internal documents related to resumes, so you need to consider specific regulations to apply in Vietnam.

Best regards!