October 17, 2023 | 10:20 GMT+7
My husband and I are a Vietnamese couple living in the United States. My husband was previously arrested for theft and served three years in prison in the United States.
We are preparing to return to Vietnam and I wonder if his US prison sentence will give him a criminal record in Vietnam? If this is the case, it will prevent us from obtaining the proper paperwork for various matters, including doing business.
Answer:
According to Article 5 of the Vietnamese Criminal Records Law (2009), the subjects of the law are Vietnamese citizens who have been convicted under legally effective criminal judgments issued by Vietnamese or foreign courts, with extracts from these judgments or their previous criminal convictions provided by competent foreign authorities under mutual legal assistance treaties in criminal matters or the principle of reciprocity. This extends to foreigners who have been convicted under legally effective criminal judgments issued by Vietnamese courts.
Thus, if there are mutual legal assistance treaties in criminal matters between two countries, a person’s criminal record in one country will indicate criminal offenses committed and convictions in the other country.
If there are no such treaties between two countries, criminal offenses committed by a person in one country will not be recorded in the criminal record of the other country.
Vietnam and the United States have not concluded mutual legal assistance treaties in criminal matters. So your husband’s criminal record in Vietnam will show “no criminal record.”
Lawyer In Dan MachTA PHA Law Company Ltd.