What are time limits for clearance of criminal record in Vietnam?
6 months ago I was administratively fined for intentionally causing injury, today I am fined for gambling. Will I be considered recidivism in Vietnam? Do I have my criminal record after 6 months?
What are time limits for clearance of criminal record in Vietnam?
Pursuant to Article 7 of the 2012 Law on Handling of Administrative Violations, time limits for being considered not yet administratively sanctioned are as follows:
1. 06 months as from the date of completely serving the sanctioning-with-warning decisions, or 01 year as from the date of completely serving the other sanctioning decisions or the date of expiry of the statute of limitations for executing the sanctioning decisions, if the individuals and organizations sanctioned for administrative violations do not repeat their violations, they shall be considered not yet being administratively sanctioned.
2. Two years as from the date of completely serving the decisions on application of administrative handling measures or 01 year as from the date of expiry of the statute of limitations for executing the decisions on application of administrative handling measures, if the individuals subject to the application of other administrative handling measures do not repeat acts, they shall be considered not yet subject to the application of administrative handling measures.
Thus, you will be considered as having not been handled for administrative violations if after 01 year from the date of completely serving the other sanctioning decisions in Vietnam. In your case, because it has only been 6 months, you are not considered not yet administratively sanctioned (removal of criminal record).
Is committing another violation considered a recidivism in Vietnam?
Pursuant to Clause 1, Article 1 of the 2020 Law on Handling of Administrative Violations, it provides for recidivism as follows:
5. Recidivism means the act of repeating a violation by an individual or organization against which an administrative sanction decision has been imposed before the period of being considered that such decision is not enforced yet expires; the act of repeating a violation by an individual against which an administrative action has been imposed before the period of being considered that such action is not enforced yet expires.
According to this Article, recidivism is understood as repeating the sanctioned act without the expiration of the time limit, which is considered not yet administratively sanctioned. In your case is not considered a recidivism in Vietnam.
Best Regards!
