What are the cases of conviction expungement under a court's decision in Vietnam?

What are the cases of conviction expungement under a court's decision in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

What are the cases of conviction expungement under a court's decision in Vietnam?

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:

(i) 01 year in case of warning, community sentence, or suspended imprisonment;

(ii) 03 years in case of imprisonment of up to 05 years;

(iii) 05 years in case of 05 - 15 years' imprisonment;

(iv) 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 in (i) and (ii), conviction expungement shall be considered when he/she finishes serving the additional sentence.

(Clause 2, Article 71 of the Penal Code 2015 (amended in 2017))

What is the period after which a conviction may be expunged in Vietnam? 

Specifically, Article 73 of the Penal Code 2015 (amended in 2017) stipulates how to calculate the time limit for criminal record remission 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.

What are the subjects of conviction expungement under a court's decision in Vietnam?

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 (amended in 2017).

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 Clause 2 of Article 71 of the Penal Code 2015 (amended in 2017).

Thus, persons convicted of crimes specified in Chapter XIII and Chapter XXVI of the Penal Code 2015 (amended in 2017) will have their criminal records cleared according to the Court's decision.

What power does the court have when performing the duty of adjudicating criminal cases in Vietnam? 

When performing the duty of adjudicating criminal cases, courts have the following powers:

- To examine and conclude on the legality of procedural acts and decisions of investigators, procurators and defense counsels in the course of investigation, prosecution and trial; to consider the application, change or cancellation of deterrent measures; to cease or suspend cases;

- To examine and conclude on the legality of evidences and documents collected by investigating agencies, investigators, procuracies and procurators; and those provided by lawyers, the accused, defendants and other procedure participants;

- When finding it necessary, to return case files to procuracies for additional investigation; to request procuracies to add documents and evidences, or to examine, verify, collect or add evidences in accordance with the Criminal Procedure Code;

- To request investigators, procurators and other people to present matters related to cases at hearings; to institute criminal cases when detecting omission of crimes;

- To make decisions to exercise other powers in accordance with the Criminal Procedure Code.

(Clause 3, Article 2 of the Law on Organization of People s Courts 2014)

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