What is conviction? When will convicts be eligible for conviction expungement in Vietnam?

What is conviction? When will convicts be eligible for conviction expungement in Vietnam? (Internet image)

1. What is conviction?

Currently, Vietnamese law does not have specific regulations on what conviction is. However, it can be understood as the legal consequence of committing a crime and is one of the forms of criminal liability. This is a bad character trait of the convicted person, but it is not permanent. The criminal record persists from the time the offender is convicted of a crime until the criminal record is cleared.

According to Point g, Clause 1, Article 3 of the Criminal Code, people who have served their sentences are enabled to live and work honesty and fit into society; criminal records shall be expunged when all conditions are satisfied.

Article 69 of the Criminal Code also stipulates the conviction expungement as follows:

-  A convict may have his conviction expunged in accordance with Article 70 through 73 of the Criminal Code.

- A person whose conviction is expunged is treated as if he/she does not have such conviction.

- People convicted of involuntary and less serious crimes or serious crimes and people exempt from punishments are treated as if they do not have any convictions.

2. Forms and cases of conviction expungement in Vietnam

The forms and cases of conviction expungement in Vietnam are specified in Articles 70 to 72 of the Criminal Code, specifically:

2.1 Automatic conviction expungement

- 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 Articles 70 of the Criminal Code, are met.

- 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 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.

- 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 Articles 70 of the Criminal Code, from the end of the time limit for sentence execution.

- 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 Articles 70 of the Criminal Code, are satisfied.

2.2 Conviction expungement under a court's decision

- Conviction expungement under a court's is granted to people convicted of crimes specified in Chapter XIII and Chapter XXVI of the Criminal Code 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 Articles 71 of the Criminal Code are met.

The court shall decide whether to grant conviction expungement to people convicted of the criminal offences specified in Chapter XIII and Chapter XXVI of the Criminal Code in consideration of the nature of the crimes committed, the convicts' obedience to the law and working attitude.

- The court shall grant conviction expungement if the convict, after serving the primary sentence or probation period of a suspended sentence as well as additional sentences and other decisions of the judgment, does not commit any new crime over the following periods:

+ 03 years in case of warning, community sentence or 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 that specified above, conviction expungement shall be considered when he/she finishes serving the additional sentence.

If an application for conviction expungement is rejected for the first time, it may only be resubmitted after 01 year; if the application for conviction expungement is rejected for the second time, it may only be resubmitted after 02 years.

2.3 Special cases of conviction expungement

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 Clause 2 Article 70 and Clause 2 Article 71 of the Criminal Code.

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

Articles 73 of the Criminal Code stipulates the period after which a conviction may be expunged as follows:

- The period after which a conviction may be expunged specified in Article 70 and Article 71 hereof 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 Article 71 hereof.

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

Nhu Mai

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