How long does the sentence lasted?

Accordingly, according to the above law, the time you are remitted for criminal records will be calculated from the date you completed the sentence, court fees, ... Therefore, with the information you have not yet paid the court fees. At this time you have not been remanded.

Article 11 of Resolution No. 01/2000 / NQ-HDTP regulating the remission of criminal records is as follows:

"11. Remanding (Article 64, Article 65, Article 66 and Article 67).

The remedy of criminal record remission must strictly comply with the provisions in Articles 64, 65, 66 and 67 of the 1999 Penal Code, and the following points should be noted:

a / In order to be entitled to criminal record remission in a special case, the convicted person must fully meet the following conditions: have set up; be recommended by the agency or organization where such person works or the local administration of the locality where such person permanently resides; One third of the time limit prescribed in Article 64, Article 65 of the 1999 Penal Code has elapsed since the completion of the judgment or the expiry of the statute of limitations for execution of the judgment.

- "Significant progress has been made" after the execution of the sentence or from the time when the statute of limitations for enforcement of the judgment has been fully integrated into the community, engaged in honest work, Books of the Party and State ...

- "It has been stated that there are outstanding achievements in life, in production, combat, study, work awarded or certified by the competent authority.

b- When applying the provisions of Clause 1, Article 67 of the 1999 Penal Code, it should be noted that the time limit for remission of criminal records is based on the principal penalty already pronounced, without basing itself on the additional penalties; Such time limit shall be counted from the date of completion of the principal and additional penalties and other decisions of the judgment, not starting from the date of completion of the principal penalty.

Example: A person who has been sentenced to 2 years in prison for theft of property, must compensate the victim of 5 million dong, must pay 50,000 of the first instance criminal charge and 250,000 of the first instance civil legal fee. In this case, according to the provisions of Clause 2, Article 64 of the 1999 Penal Code, such person shall automatically be entitled to remission of his / her previous criminal conviction. VND200,000 for the victim, has paid 50,000VND of first instance criminal charge and 250,000VND of first-instance civil court fee, or has not committed a new offense since the expiration of the statute of limitations for execution of the sentence. The 3-year period is counted from the date of completing all the decisions of the judgment (including the penalty of 2 years imprisonment, the allowance for the victim of 5 million VND, full payment of 50,000 VND) charges and 250,000 civil court fees first instance), not from the date of serving the main penalty is 2 years imprisonment; detail:

- If before completion of the two years imprisonment penalty, that person has compensated the victim for 5 million VND, has paid 50,000 VND for the first instance criminal charge and 250,000 VND for the first-instance civil court fee, The term of 3 years is counted from the date of imprisonment for 2 years.

- If after completing the two years imprisonment, the victim has compensated 5 million VND but has not yet paid the full legal fees (despite the judgment execution decision), the time limit of 3 years is calculated from the date they pay the full amount of the court fees ....

c / To be considered as having completely served the principal and additional penalties and other decisions of the judgment in the following cases:

- The convicted person has completely served the principal penalty, the additional penalty and other decisions of the judgment;

- The sentenced person has fully served the principal and additional penalties, while the decisions on property in the criminal convictions have been lodged on the convicted persons' behalf (relatives of the convicts have been compensated. have paid court fees, fines ... instead of the convicted persons or their dependents must jointly compensate fully compensated under the judgments);

- Persons who are sentenced to imprisonment but have been suspended from the probationary period, in cases where they have completely served the additional penalty and other decisions of the judgment (if any).

d- When considering the statute of limitations for execution of a judgment which has expired or not to consider the remission of criminal records, it must be based on Article 55 of the 1999 Penal Code. Particularly, attention should be paid to the statute of limitations for execution of judgments. In the case of criminal fines not previously provided for in the Penal Code 1985, it should be enforced in accordance with the Ordinance on Civil Judgment Enforcement, which is now regulated at Point a, Clause 2 of Article 55 Criminal Code 1999, which, according to this provision, shall be effective for 5 years from the date the court's judgment or decision takes effect.

For other decisions on property in criminal convictions (such as compensation for damage, return of property, confiscation of objects, money directly related to damage, confiscation of property and court fees. .) shall still comply with the provisions of the Ordinance on Civil Judgment Execution (Article 1). Article 21 of the Ordinance on Civil Judgment Execution stipulates in detail the statute of limitations for enforcement of judgments and decisions which have legal effect; Therefore, in order to consider whether the time limit for enforcement of property decisions in criminal convictions has expired, it is necessary to distinguish as follows:

Expiry of the statute of limitations for execution of judgments on property decisions in criminal judgments, if the time limit prescribed in Article 21 of the Ordinance on Execution of Civil Judgments has expired without objective obstacles, The judgment executors shall not send their written requests to the judgment-executing bodies for judgment execution or if the heads of the judgment-executing bodies have to take the initiative in issuing judgment execution decisions but fail to issue judgment execution decisions. .

For example: - Upon the expiration of the 3-year period, counting from the date the court's judgment or decision takes legal effect, the individual shall be entitled to return the property or compensate for damage even though there are no guest obstacles. If there is no petition sent to the judgment-executing agency for judgment execution, the court's decision on the return of property or compensation for such damage shall cease to be effective.

- Upon the expiration of one year from the effective date of the judgment or decision of the court, the judgment-executing agency or organization shall not file the petition to the judgment-executing agency for judgment execution. the judgment on the return of property or compensation for damage to socialist property and the head of the judgment enforcement agency shall not take the initiative in issuing a judgment execution decision under the provisions of the Ordinance on Execution of Civil Judgments, of the court ceases to be effective.

If within the time limit prescribed in Article 21 of the Ordinance on Execution of Civil Judgments and the judgment-executing agency or individual has sent an application to the judgment-executing agency requesting the execution of the judgment If the convicted person or the head of the judgment enforcement body has taken the initiative in issuing the judgment execution decision, only when the convicted person completes the property decisions or the decision to suspend the judgment execution shall be considered. Having completed the decisions of the Court on property in criminal convictions. "

Accordingly, according to the above law, the time you are remitted for criminal records will be calculated from the date you completed the sentence, court fees, ... Therefore, with the information you have not yet paid the court fees. At this time you have not been remanded.