Abolishing the requirements for submitting judicial record cards in official recruitment, and selection procedures in Vietnam

Abolishing the requirements for submitting judicial record cards in official recruitment, and selection procedures in Vietnam​ (Image from the Internet)

Abolishing the requirements for submitting judicial record cards in official recruitment, and selection procedures in Vietnam

On June 11, 2024, the Prime Minister of Vietnam issued Decision No. 498/QD-TTg approving the Plan for reduction and simplification of regulations and administrative procedures related to judicial record cards in Vietnam.

Decision No. 498/QD-TTg has proposed the reduction, simplification, and reform of the regulations and procedures for official exam and selection related to judicial record cards as follows:

(1) Official Examination Procedures (Procedure Code: 1.005384)

- Simplified Content

Eliminate the requirement for individuals to submit Judicial Record, replacing it with the measure where the recruitment agency proactively requests the issuance of Judicial Record in accordance with Clause 3, Article 7 of the Law on judicial record cards 2009 (as amended and supplemented).

Reason: To facilitate convenience, reduce time and social costs, and implement the right to request the issuance of Judicial Record by state agencies.

- Implementation Recommendation

+ Amend point b, clause 1, Article 16 of Decree No. 138/2020/ND-CP dated November 27, 2020, of the Government of Vietnam regulating the recruitment, use, and management of officials; supplement regulations requiring the recruitment agency to request the issuance of Judicial Record in Decree No. 138/2020/ND-CP.

+ Implementation Timeline: 2024 - 2025.

(2) Official Selection Procedures (Procedure Code: 2.002156)

- Simplified Content

Eliminate the requirement for individuals to submit Judicial Record, replacing it with the measure where the recruitment agency proactively requests the issuance of Judicial Record in accordance with Clause 3, Article 7 of the Law on judicial record cards 2009 (as amended and supplemented).

Reason: To facilitate convenience, reduce time and social costs, and implement the right to request the issuance of Judicial Record by state agencies.

- Implementation Recommendation

+ Amend point b, clause 1, Article 16 of Decree No. 138/2020/ND-CP dated November 27, 2020, of the Government of Vietnam regulating the recruitment, use, and management of officials; supplement regulations requiring the recruitment agency to request the issuance of Judicial Record in Decree No. 138/2020/ND-CP.

+ Implementation Timeline: 2024 - 2025.

It is known that a judicial record is a record of the judicial record of individuals who have been convicted by legal criminal court judgments or decisions, the execution status, and the prohibition on individuals from holding positions, establishing, managing enterprises, and cooperatives if these enterprises or cooperatives are declared bankrupt by a court.

In which, the Judicial Record Certificate is issued by the judicial record database management agency and serves as proof of whether an individual has a judicial record or not; whether they are prohibited from holding positions, establishing, managing enterprises, and cooperatives if these enterprises or cooperatives are declared bankrupt by a court.

The Judicial Record Certificate includes:

- Judicial Record Certificate No. 1 issued to individuals, agencies, and organizations as stipulated in Clause 1 and Clause 3, Article 7 of the Law on judicial record cards 2009:

+ Vietnamese citizens, foreigners who have or are residing in Vietnam have the right to request the issuance of their Judicial Record Certificate.

+ State agencies, political organizations, socio-political organizations have the right to request the issuance of Judicial Record Certificates to serve personnel management, business registration, establishment, management of enterprises, and cooperatives.

- Judicial Record Certificate No. 2 issued to procedural-conducting agencies as stipulated in Clause 2, Article 7 of the Law on judicial record cards 2009 and issued upon individual requests to know the content of their judicial record, specifically, procedural-conducting agencies have the right to request the issuance of Judicial Record Certificates to serve the investigation, prosecution, and trial activities.

More details can be found in Decision No. 498/QD-TTg, effective from June 11, 2024.

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