Are overseas crimes criminal records in Vietnam?

We are preparing to return to Vietnam and I wonder if his U.S. jail time will give him a criminal record in Vietnam? If so, that will affect us obtaining the proper papers for various affairs, including in doing business.

Answer:

According to Article 5 of Vietnam's Law on Judicial Records (2009), the subjects of the law are Vietnamese citizens who have been convicted under legally effective criminal judgments of Vietnamese courts or foreign courts, with excerpts of these judgments or their previous criminal convictions provided by competent foreign authorities under treaties on mutual legal assistance in criminal affairs or on the reciprocity principal. This extends to foreigners who have been convicted under legally effective criminal judgments of Vietnamese courts.

So, if there are treaties on mutual legal assistance in criminal affairs between two countries, a person's criminal record in one country will show criminal offenses committed and convictions in the other country.

If there are no such treaties between two countries, criminal offenses committed by one person in one country will not be included in the criminal record in the other country.

Vietnam and the U.S. have not established treaties on mutual legal assistance in criminal affairs. Thus, your husband's criminal record in Vietnam will state "no records."

Lawyer Vo Dan Mach, TA PHA Law Company Ltd.