The Ministry of Justice is drafting a Law amending and supplementing certain provisions of the Law on Judicial Records to ensure conformity and consistency with the current legal system. Several contents are amended and supplemented, such as reducing the time limit for issuing Judicial Record Certificates (LLTP), adding more cases for the refusal to issue Judicial Record Certificates...
Article table of contents
Only Issue Criminal Record Certificate No. 2 to Judicial Authorities
Currently, the Criminal Record Certificate (CRC) includes CRC No. 1 and CRC No. 2. Specifically:
- CRC No. 1 is issued to individuals, agencies, organizations as follows:- Vietnamese citizens, foreign nationals who have or are residing in Vietnam have the right to request the issuance of their own Criminal Record Certificate.- State agencies, political organizations, socio-political organizations have the right to request the issuance of Criminal Record Certificates to serve the purposes of personnel management, business registration activities, establishment, management of enterprises, cooperatives.- CRC No. 2, showing criminal records, is issued to judicial authorities to serve investigation, prosecution, and adjudication activities, and issued upon individual request to know the content of their own criminal records.
However, the current situation of abusing the requirement for individuals to submit CRC No. 2 is increasing. When CRC No. 2 is issued and used publicly, it may lead to adverse consequences for individuals during community reintegration, difficulties, or even loss of opportunities for studying abroad, job applications, or emigration. Therefore, the Draft proposes an amendment to only issue CRC No. 2 to judicial authorities, no longer issuing it upon individual request to avoid the situation where individuals are required to submit CRC No. 2.
Authority to Issue Criminal Record Certificates
According to the Draft, the authority to issue CRC includes: The managing agency of criminal records and the Department of Justice (current regulation stipulates the National Criminal Record Center and the Department of Justice). Vietnamese citizens can submit their request for issuance of CRC to one of the following agencies:
- Vietnamese citizens with one permanent residence submit at the Department of Justice where the permanent residence is; in case there is no permanent residence and has one temporary residence, submit at the Department of Justice where the temporary residence is.- Vietnamese citizens who cannot determine their permanent or temporary residence submit at the managing agency of criminal records.- Vietnamese citizens with multiple places of residence submit their request at the Department of Justice where they reside or at the managing agency of criminal records.- Vietnamese citizens residing abroad submit at the Department of Justice where their permanent residence was before emigration or at the managing agency of criminal records.
For foreign nationals who have or are residing in Vietnam, submit their request at the Department of Justice where they have resided or are residing or at the managing agency of criminal records.
Reduce Issuance Time of Criminal Record Certificate to a Maximum of 07 Working Days
According to current regulations, the issuance time of CRC is not more than 10 days from the date of receiving a valid request. However, in the Draft Amendment to the Law on Criminal Records, the issuance time of CRC is reduced to a maximum of 07 working days. Additionally:
- In cases where the person issued the CRC is a Vietnamese citizen who has resided in multiple places, has a period of residence abroad, or cannot determine the place of residence; foreign nationals specified in clauses 2 and 3 of Article 47 of this Law; cases requiring verification of conditions for automatic expungement as specified in clause 3 of Article 44 of this Law, the time limit is not more than 15 days.- In cases where the person issued the CRC has been convicted by multiple judgments, the time limit is not more than 20 days.- In urgent cases specified in clause 1 of Article 46 of this Law, the time limit is not more than 24 hours from the time of receiving the request.- For cases where the person issued the CRC is under 14 years old, the issuance time is 01 working day from the date of receiving a valid request.
Add 02 Additional Cases for Refusal to Issue Criminal Record Certificates
In addition to the 03 cases for refusal to issue CRC as per current regulations (which include: The issuance of CRC is not under the authority; the requester for another person's CRC does not meet the conditions specified in Article 7 and clause 3 of Article 45 of this Law; the documents attached to the Request Form for CRC are incomplete or counterfeit), the Draft has added 02 additional cases as follows:
- The information in the Request Form for CRC is not truthful.- For reasons of national security, defense.
When refusing to issue CRC, a written notice specifying the reasons must be provided.
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