Regulations on the period after which a conviction may be expunged in Vietnam

Regulations on the period after which a conviction may be expunged in Vietnam (Internet image)

1. Cases of automatic conviction expungement in Vietnam

According to Article 70 of the Penal Code 2015, the criminal record is automatically expunged as follows:

(1)  Automatic conviction expungement is granted to people convicted of crimes other than those specified in Chapter XIII and Chapter XXVI of the Penal Code 2015 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 (2) and (3) 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:

- 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.

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 as prescribed, 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 (2) of this Section 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 (2) and (3) of this Section are satisfied.

2. Conviction expungement under a court's decision in Vietnam

Conviction expungement under a court's decision under Article 71 of the Penal Code 2015 (amended in 2017) is as follows:

(1)  Conviction expungement under a court's is granted to people convicted of crimes specified in Chapter XIII and Chapter XXVI of the Penal Code 2015.

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 (2) of this Section

(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 as prescribed, 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.

3. Special cases of conviction expungement in Vietnam

According to Article 72 of the Penal Code 2015, 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 (2) of Section 1 and (2) item of Section 2.

4. Period after which a conviction may be expunged in Vietnam

Period after which a conviction may be expunged according to Article 73 of the Penal Code 2015 is as follows:

- The period after which a conviction may be expunged specified in Section 1 and 2 depends on the primary sentence.

- 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.

- 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 Section 2

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

Quoc Dat

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