If my brother is sentenced to 10 years in prison, how long will it take to have his conviction expunged in Vietnam?

If my brother is sentenced to 10 years in prison, how long will it take to have his conviction expunged in Vietnam?

Pursuant to Article 70 of the 2015 Criminal Code, there are regulations on automatic conviction expungement as follows:

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.

Thus, according to the above regulations in Vietnam, if your brother commits murder and has completed his prison sentence, his conviction will be expunged within 3 years from the date of completion of his prison sentence in Vietnam.

If my brother is sentenced to 10 years in prison, how long will it take to have his conviction expunged in Vietnam? (Image from the Internet)

What is calculation of period for conviction expungement in Vietnam?

Pursuant to Article 73 of the 2015 Criminal Code, there are regulations on period after which a conviction may be expunged as follows:

1. The period after which a conviction may be expunged specified in Article 70 and Article 71 hereof depends on the primary sentence.

2. If the convict who has not had the conviction expunged commits a new crime which leads to a conviction under an effective judgment, the period after which the conviction may be expunged shall start over from the day on which the primary sentence has been served or the end of the probation period of the new judgment or from the deadline for execution of the new judgment.

3. If the convict has committed more than one crime and one of which is naturally eligible for expungement, one of which is eligible for expungement under a court's decision, the court shall decide expungement according to the period specified in Article 71 hereof.

4. Where a person is exempt from serving the remaining sentence, it will be considered that the sentence has been served.

According to this Article, the time limit for expunging a conviction will be calculated based on the primary sentence. Specifically, each case is as prescribed above in Vietnam.

Best regards!