What is the basis to determine previous criminal conviction of a person in Vietnam?

What is the basis to determine previous criminal conviction of a person in Vietnam?

Pursuant to Clause 1, Article 2 of the Law on Judicial Record in 2009 stipulating as follows: 

Judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person's holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

Additionally, the National Center for Judicial Records and the Department of Justice will maintain a database of criminal records for the purpose of demonstrating whether a person has a criminal record or not, whether they are prohibited from holding particular positions, or whether they are permitted to establish or manage businesses or cooperatives in the event that those businesses or cooperatives are declared bankrupt by the Court.

As regulations above, the basis to determine previous criminal conviction of a person in Vietnam is the judicial record.

What are the tasks of public security offices in Vietnam in providing judicial record information on previous criminal convictions?

Pursuant to Article 18 of the Law on Judicial Record in 2009 stipulating tasks of public security offices in Vietnam in providing judicial record information on previous criminal convictions as follows: 

1. Superintendents of detention camps or custody facilities shall send certificates of completed execution of imprisonment penalty or certificates of special reprieve or amnesty to the National Center for Judicial Records within 10 days after these certificates are issued.

2. The immigration management agency of the Ministry of Public Security shall send notices of enforcement of the expulsion penalty to the National Center for Judicial Records within 10 days after the date of enforcement of the penalty.

3. Competent agencies of the Ministry of Public Security shall send notices of enforcement of rulings on extradition of convicts and rulings on transfer of persons who are serving an imprisonment penalty in Vietnam to the National Center for Judicial Records within 10 days after the date of enforcement of the rulings.

4. Competent agencies of the Ministry of Public Security shall send notices of decisions on special reprieve or amnesty and rulings on exemption from or commutation of penalties of transferring countries persons who are serving an imprisonment penalty to the National Center for Judicial Records within 10 days after the receipt of these notices.

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