What are the sources of judicial record information in Vietnam according to the latest regulations?
What are the sources of judicial record information in Vietnam according to the latest regulations?
Pursuant to Article 15 of the Law on Judicial Records 2009, the judicial record information comes from the following sources:
(1) First-instance criminal judgments which have taken legal effect and appellate criminal judgments:
(2) Cassation or re-opening rulings on criminal cases;
(3) Rulings on criminal judgment enforcement;
(4) Rulings on exemption from serving penalties;
(5) Rulings on reduction of the duration of serving penalties;
(6) Rulings on postponement of execution of imprisonment penalty;
(7) Rulings on suspension of execution of imprisonment penalty:
(8) Rulings on exemption from or reduction of the obligation to pay state budget remittances in executing a judgment;
(9) Certificates of completed execution of imprisonment penalty; written notices of results of enforcement of the expulsion penalty;
(10) Certificates of completed execution of non-custodial reform or suspended imprisonment penalty and additional penalties;
(11) Rulings on imposition of fines, confiscation of assets, collection of court fees and other civil obligations of convicts; decisions on termination of judgment enforcement; certificates of judgment enforcement results; written notices of judgment enforcement completion in case convicts have fulfilled their obligations;
(12) Rulings on commutation of the death penalty;
(13) Certificates of special reprieve or amnesty;
(14) Rulings on remission of previous criminal conviction;
(15) Certificates of automatic remission of previous criminal conviction;
(16) Excerpts of judgments or previous criminal convictions of Vietnamese citizens, provided supplied by competent foreign authorities to the Supreme People's Procuracy under treaties on mutual legal assistance in criminal affairs or on the reciprocity principle;
(17) Rulings of Vietnamese courts on extradition of criminals for judgment enforcement in Vietnam; rulings of Vietnamese courts on receipt of transferred persons who are serving an imprisonment penalty; notification of decisions on special reprieve or amnesty, penalty exemption or commutation by transferring countries for persons who are serving an imprisonment penalty;
(18) Notices of implementation of rulings on extradition of convicts or decisions on transfer of persons who are serving an imprisonment penalty in Vietnam at the request of competent foreign authorities.
What are the sources of judicial record information in Vietnam according to the latest regulations?
What documents shall the court having conducted first-instance trial of a case send to the provincial-level Justice Department in Vietnam?
Pursuant to Clause 1, Article 16 of the Law on Judicial Records 2009, which stipulates the tasks of courts in providing judicial record information on previous criminal convictions
- A court having conducted first-instance trial of a case shall send to the provincial-level Justice Department in the locality where it is headquartered the following documents:
+ Excerpt of the legally effective first-instance criminal judgment or appellate criminal judgment;
+ Cassation or reopening criminal ruling;
+ Ruling on commutation of the death penalty;
+ Ruling on criminal judgment enforcement; e/ Ruling on postponement of imprisonment penalty;
+ Ruling on remission of previous criminal conviction;
+ Certificate of automatic remission of previous criminal conviction.
In addition, a court having issued rulings or decisions shall send to provincial-level Justice Department of the locality where it is headquartered the following rulings:
- Ruling on exemption from penalty execution;
- Ruling on reduction of the duration of penalty execution;
- Ruling on suspension of imprisonment penalty;
- Ruling on exemption from or reduction of the obligation to pay state budget remittances in executing a judgment;
- Ruling on receipt of a transferred person who is serving an imprisonment penalty specified in Clause 17, Article 15 of Law on Judicial Records 2009.
What are the compilation of judicial records in Vietnam?
Pursuant to Article 26 of the Law on Judicial Records 2009, it is stipulated as follows:
- Provincial-level Justice Departments in localities where convicts permanently reside shall compile judicial records of these persons. In case it is impossible to identify their places of permanent residence, provincial-level Justice Departments in localities where these persons temporarily reside shall compile their judicial records.
A judicial record shall be made in two copies, one to be managed by the provincial-level Justice Department and the other transferred to the National Center for Judicial Records.
- The National Center for Judicial Records shall compile and archive judicial records in the following cases:
+ It is impossible to identify places of permanent or temporary residence of convicts;
+ Convicts have been extradited for judgment enforcement or transferred for execution of an imprisonment penalty in Vietnam;
+ It has received copies of excerpts of judgments or excerpts of previous criminal convictions of Vietnamese citizens from the Supreme People's Procuracy under Article 17 of Law on Judicial Records 2009.
- Judicial records shall be compiled on the basis of sources of judicial record information on previous criminal convictions specified in Article 15 of Law on Judicial Records 2009.
- A judicial record shall be compiled for each convict with the following details:
+ Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of this convict, and full names of his/her parents and spouse;
+ Date of judgment pronouncement, serial number of the judgment, the court which has pronounced the judgment, the crime and applicable article(s) and clause(s) of law, principal and additional penalties, civil obligation in the criminal judgment, court fee, and state of judgment enforcement.
- In case a person has been convicted of more than one crime and his/her penalties have been summed up under the Penal Code, his/her judicial record must clearly indicate each crime he/she had committed, applicable article(s) and clause(s) of law and common penalty for these crimes.
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