Promoting the Reform of Administrative Procedures for Issuing Judicial Record Certificates to Citizens in 2023
The Situation of Implementing Administrative Procedures to Issue Judicial Records in Our Country Recently
Directive 23/CT-TTg in 2023 by the Prime Minister of the Government of Vietnam states:
- In implementing the Law on Judicial Records and specialized legal provisions, the work of issuing judicial records and exploiting judicial record information has been institutionalized and has seen many positive changes, basically meeting the requirements of agencies, organizations, authorized individuals, as well as the public and businesses.
- However, there are still many administrative procedures that require judicial records;
+ Some organizations, businesses, and individuals still abuse the requirement of providing judicial records as a basis for recruitment, management, and use of labor;
+ Some provinces and cities have not actively resolved to promptly meet the sudden increase in the submission of applications for judicial records recently, leading to delays and congestion, causing public dissatisfaction.
- The main reasons for these existing limitations are:
+ (1) The awareness of some agencies, organizations, businesses, and individuals about judicial records and the law on judicial records is still incomplete;
+ (2) State agencies, political organizations, and socio-political organizations have not actively exercised their right to request judicial records as stipulated in the 2009 Law on Judicial Records;
+ (3) The application of information technology is still limited, and the information systems for administrative procedures in some localities do not meet the requirements;
+ (4) Human resources, equipment, facilities, and organization of work in some localities do not meet the increasing demand for issuing judicial records.
Promote the reform of administrative procedures for issuing judicial records to the public in 2023
Tasks and Solutions Assigned to Ministers, Heads of Ministerial-level Agencies, Agencies under the Government of Vietnam, and Chairpersons of Provincial People's Committees
Directive 23/CT-TTg in 2023 clearly states that to promptly rectify and overcome the mentioned limitations and causes, and to strengthen administrative reform in receiving and resolving requests for judicial records to facilitate, reduce time, and social costs for the public, the Prime Minister of the Government of Vietnam requests:
*Ministers, heads of ministerial-level agencies, agencies under the Government of Vietnam, and Chairpersons of People's Committees of provinces and cities under Central Government:
- Strictly examine and comply with the right to request judicial records as stipulated in Clause 3, Article 7 of the 2009 Law on Judicial Records;
+ Implement effective solutions to eventually terminate the unjustified requirement for the public to submit judicial records.
In particular, focus on the effective implementation of the following tasks:
++ Enhance propagation, awareness, and responsibility in complying with Clause 2 and Clause 3, Article 7 of the 2009 Law on Judicial Records regarding the right to request judicial records;
++ Review, amend, supplement under their authority, or propose and report to competent authorities to consider and amend regulations and administrative procedures related to judicial records in their managed sectors and fields to reduce unreasonable requests for judicial records in administrative procedures; report to the Prime Minister of the Government of Vietnam on the plan to reduce these regulations and procedures by August 2023;
++ Upgrade the information systems that handle administrative procedures at the ministerial and provincial levels to ensure they meet the connection, sharing, digitization, and reuse requirements as stipulated by the Government of Vietnam in Decree 107/2021/ND-CP of 2023 and the Prime Minister's directive in Document No. 452/TTg-KSTT of 2023;
- Organize the implementation and direct agencies, organizations, and units within their management scope to strictly comply with this Directive.
*Government Office to assist the Prime Minister of the Government of Vietnam in overseeing ministries, central authorities, and local authorities in implementing this Directive.
*It is requested that political organizations, socio-political organizations, and associations disseminate and implement this Directive among their members to limit the abuse of judicial record requests.
Tasks and Solutions Assigned to Ministries, Ministerial-Level Agencies, and Agencies under the Government of Vietnam
Directive 23/CT-TTg in 2023 emphasizes the following requirements:
*Ministry of Justice to lead, cooperate with the Ministry of Public Security and related agencies:
- Decentralize the Department of Justice to exploit and search the judicial record database at the National Judicial Record Center;
- Advise the Government of Vietnam to report to the National Assembly to pilot decentralization of issuing judicial records to the Justice Office under the People's Committee of districts in Hanoi city and Nghe An province, submitting it to the Government of Vietnam as soon as possible;
- Enhance digitization, complete the judicial record database, connect and share data to serve the issuance of judicial records and resolve administrative procedures for the public;
- Urgently review and propose reducing the fee for providing judicial record information to encourage the use of online public services;
- Cooperate with the Ministry of Public Security to research and develop solutions to pilot the issuance of judicial records on the VNeID application as required by Resolution 74/NQ-CP in 2023.
*Ministry of Public Security to lead, cooperate with related agencies and localities to carry out the following tasks:
- Lead, cooperate with the Ministry of Justice, Ministry of National Defense, Supreme People's Court, Supreme People's Procuracy, and related agencies to connect and share the national population database with the judicial record database, the database of civil judgment enforcement agencies;
- Cooperate with the Ministry of Justice, Ministry of Information and Communications, Thua Thien Hue Provincial People's Committee to research and develop solutions to pilot the issuance of judicial records on the VNeID application according to Resolution 74/NQ-CP in 2023. On this basis, summarize and report to competent authorities on national implementation.
*Ministry of Information and Communications to lead, cooperate with news agencies and the press to propagate the regulations on issuing judicial records for organizations and businesses to understand and properly implement, limit the abuse of requiring the public to provide judicial records.
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