Amendments to instruction on filling out the previous criminal conviction in judicial record card No. 1 in Vietnam

Amendments to instruction on filling out the previous criminal conviction in judicial record card No. 1 in Vietnam

The instruction on filling out the previous criminal conviction in judicial record card No. 1 in Vietnam is as follows:

• For individuals who have not been convicted, individuals who have been convicted but have had their convictions expunged, individuals convicted "not considered as having a criminal record" according to Clause 2, Article 69 of the Ciminal Code 2015 (as amended and supplemented in 2017), individuals convicted "considered as not having a criminal record" according to Clause 1, Article 107 of the Ciminal Code 2015 (as amended and supplemented in 2017), and individuals granted amnesty, the status will be recorded as "No criminal record"; for foreign nationals who have resided in Vietnam, it will be recorded as "No criminal record during residency in Vietnam". The boxes and columns in this section will not be filled in the Judicial Record.

• For individuals who have been convicted but have not fulfilled the conditions for expunging their criminal record, it will be recorded as "Has criminal record" and the details of the sentence will be specified in the sections and columns of the Judicial Record.

In cases where the individual being issued the Judicial Record has a criminal record and that record was adjudicated through an appellate procedure, the criminal record will be updated in judicial record card No. 1 as follows:

The content updated in the column "judgment number, date, court that issued the judgment" will be based on the information from the criminal appellate judgment.

In cases where the criminal appellate judgment does not accept the appeal or protest and upholds the initial criminal judgment, the information regarding the offense, main penalty, and additional penalty in the initial criminal judgment will be updated into the Judicial Record.

In cases where the criminal appellate judgment amends details regarding the offense, main penalty, or additional penalty of the initial criminal judgment, the amended details of the offense, main penalty, and additional penalty as per the appellate judgment will be updated in the Judicial Record.

In cases where the criminal appellate judgment only amends one of the details regarding the offense, main penalty, or additional penalty of the initial criminal judgment, the National Judicial History Center and the Department of Justice will update the amended content as per the appellate judgment along with the unchanged content from the initial criminal judgment into the Judicial Record.

More details can be found in Circular 06/2024/TT-BTP, which comes into force from July 1, 2024.

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