Can a person with a criminal record of "Illegal racing" and whose criminal record has been removed a

My name is Hoang N.T. This year, I am 26 years old. Currently, I am working temporarily at a small company in Quang Ngai province. Previously, I had a criminal record for "Illegal racing", but my criminal record was deleted. I already have a bachelor's degree and if I want to apply for a public employee position in a State agency in Quang Ngai, is it possible? Which documents must I prepare? Thank you very much.

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

[1] Recruitment registration conditions

According to Article 22 of the Law on Public Employees 2010 Recruitment registration conditions:

“1. A person who meets all the following conditions, regardless of nationality, gender, social status, belief, and religion, may register for public employee recruitment:

a/ Bearing Vietnamese citizenship and residing in Vietnam:

b/ Reaching full 18 years of age. For a number of areas of cultural activity, arts. physical training and spoils, the age-eligible for recruitment may be lower as provided by law with the written consent of at-law representatives:

c/ Filing an application for recruitment:

d/ Having a clear personal background;

e/ Possessing diplomas, training certificates or practice certificates or aptitude and skills relevant to the working position for which he/she applies:

f/ Being physically fit for work or tasks;

g/ Meeting other conditions required by the working position for which he/she applies and determined by the public non-business unit, which must not be contrary to law.”

2. The following persons may not register for public employee recruitment:

a/ Having lost civil act capacity or having such capacity restricted;

b/ Being examined for penal liability; currently serving a criminal sentence or ruling of the court or serving the administrative measure of confinement to a medical treatment establishment, an educational institution or a reformatory.”

Therefore, in your case, when you meet all the health and employment conditions determined by that non-business unit, you may apply for the public employee examination.

[2] Records need to be prepared

According to Clause 1, Article 17 of Decree No. 115/2020/NĐ-CP on regulations on recruitment and management of officers, the applications consists of:

a) Copies of diplomas and certificates required for the job vacancy, certification of priority subjects (if any);

If the candidate has a professional diploma that has an output standard in foreign languages and informatics as prescribed and corresponds to the requirements of the job vacancy, he/she may be used as a substitute for the foreign language or informatics certificate.

b) Judicial record issued by competent agencies.

Therefore, after you meet the conditions to register for public employee recruitment, you need to prepare an application including the above documents.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Dinh Thi Thong - FDVN Law Firm

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