Can corporate legal entities in Vietnam be granted conviction expungement?

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Question date: 15/06/2022

Can corporate legal entities in Vietnam be granted conviction expungement? Aggravating factors in criminal sentencing of legal entities.

 

    • Can corporate legal entities in Vietnam be granted conviction expungement?
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    • Can corporate legal entities in Vietnam be granted conviction expungement?

      Pursuant to Article 89 in the 2015 Penal Code stipulating expungement of conviction:

      A convicted legal entity shall automatically have its conviction expunged if it does not commit any new criminal offence for 02 years from the day on which the primary punishments, additional punishments, other decisions of the judgment are served or from the expiration of the time limit for execution of the judgment.

      The issue of expungement of conviction and the time of expungement of conviction of individuals or legal entities are specified as above.

      Aggravating factors in criminal sentencing of legal entities

      Pursuant to Clause 1, Article 85 of the above document:

      1. The following circumstances are considered aggravating factors:

      a) Committing the criminal offence in collusion with another corporate legal entity;

      b) Deliberately committing the criminal offence to the end;

      c) The offence has been committed more than once;

      d) Recidivism or dangerous recidivism;

      dd) The offender takes advantage of war, state of emergency, natural disaster, epidemic or other tragic circumstances of society to commit the criminal offence;

      e) The offender makes use of sophisticated tricks to commit or conceal the criminal offence.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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