Coordinated verification of conditions on automatic remission of previous criminal convictions in Vietnam

Coordinated verification of conditions on automatic remission of previous criminal convictions in Vietnam (Internet image)

Article 17 of Decree 111/2010/ND-CP stipulates that in case a convict has passed a duration long enough for automatic remission of his/her previous criminal conviction under the Criminal Code but has not received any certificate of remission of previous criminal conviction from a court, a provincial-level Justice Department shall verify whether or not he/she is charged with a criminal act. investigated, prosecuted or tried while having his/her previous criminal conviction not yet remitted. The verification shall be conducted as follows:

• The provincial-level Justice Department shall send a written request for verification or directly conduct the verification at the People's Committee of the commune, ward or township (below referred to as commune-level People's Committee) or the agency or organization in which the convict resides or works after completely serving his/her judgment;

• In the course of verification at the commune-level People's Committee, agency or organization, it" finding necessary, the provincial-level Justice Department may conduct the verification at the concerned procedure-conducting agency of whether or not the convict is currently charged with a criminal act, investigated, prosecuted or tried.

The commune-level People's Committee, agency or organization shall provide information at the request of the provincial-level Justice Department. Justice-civil status officers shall assist the commune-level People's Committee in conducting the verification at the request of the provincial-level Justice Department. The provincial-level Justice Department shall send verification results to the National Center for Judicial Records within 5 working days after the verification is completed under Clause 1 of this Article.

For a judicial record compiled by the National Center for Judicial Records, the National Center for Judicial Records shall verify the condition on automatic remission of the previous criminal conviction of the convict.

More details can be found in Decree 111/2010/ND-CP, which comes into force from January 10, 2011.

Nguyen Phu

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE