According to the draft, after a person served their sentence they are still forced to wait a specific amount of ‘monitoring’ post sentence. This period varies from one year for administrative fines and probation, three years for a three year imprisonment sentence, five years for three to 15 years of imprisonment and seven years for those who have served over 15 years of imprisonment. If the individual goes through this period with no additional offences the court will finally provide them with a certificate within ten days clearing them of their conviction.

Bui Kieu Nhi

Earlier this month, Bui Kieu Nhi from the central province of Quang Binh was rejected by the Police Political Academy because her father had served nine months probation after being charged with fighting against officials almost a quarter of a century ago. Nguyen Duc Nga from the central province of Nghe An was also rejected by the People’s Police Academy because his father had been sentenced to nine months on probation due to an assault charge in 1993.

Nhi's father was dead and Nga's father had forgotten about the conviction so neither Nga and Nhi had mentioned the information in their applications.

Nguyen Duc Nga

Lawyer Tran Vu Hai Dang said both Nga and Nhi's fathers served their sentences and ‘monitoring’ a long time ago and their criminal records wiped. He said Nhi had done nothing wrong in her admission.

After their stories were published, Public Security Minister General Tran Dai Quang asked local police departments to grant Nga's and Nhi's applications. He also asked the academies to review all applications to avoid similar cases.

Lieutenant-General Tran Van Do, former deputy chief of the Supreme People's Court and former chief justice of the Central Military Court, agreed with Quang's decision and said that agencies should not be punishing children for the actions of their parents, particularly in cases that date back such a long time.

Employment in the country’s security and police forces or academic institutes associated with such public offices face very strict procedures which include reviewing the political and criminal records of an applicant’s family members.

According to the Circular 53 issued by the Ministry of Public Security in 2012, people that have family members convicted of infringing national security, harming life or dignity of other people or committing drug offences would not be accepted for employment or education at police facilities. Instances where sentences of less than three years imprisonment or probation were served could be sent to the General Political Department for final review.

DTriNews