Recently, the Ministry of Justice of Vietnam signed and issued Circular 06/2013/TT-BTP guiding the management, usage, and exploitation of the judicial record database in Vietnam.
In accordance with current legal regulations, judicial record information in Vietnam is expressed in the form of paper documents and electronic data.
Illustrative image (source: internet)
Article 17 of Circular 06/2013/TT-BTP stipulates that the "paper judicial records" includes the individual's judicial record, documents containing judicial record information provided by agencies and organizations, and other documents related to the individual with the judicial record such as decisions on changes, corrections of civil status, death certificates, results of verification of conditions for automatic criminal record clearance, which are compiled and included in the file according to the principle of classification and arrangement into the file of each individual.
Once the judicial record has been established, the person handling judicial record tasks is responsible for creating a paper judicial record file for archiving in the judicial record database. The established judicial record must be stamped by the judicial record database managing authority in the upper left corner, where the name of the judicial record-establishing agency is written. If the judicial record consists of multiple pages, it must be sealed across the pages.
Documents in the paper judicial records shall be arranged in the following orders:
- Document list;
- Judicial record;
- Documents containing judicial record information provided by agencies and organizations to the National Center for Judicial Records and the Department of Justice;
- Other related documents.
Judicial record documents, documents containing judicial record information, and other related documents are arranged in the order of receipt, numbered from page number 01 to the last page.
In cases where additional pages are added to the judicial record during the process of updating additional information, the pages are numbered consecutively with the prior numbers of the judicial record and appended with letters a, b, c, etc. The numbering of pages must be clear, accurate, using a soft black pencil, and 1 cm away from the right edge, at the top of the page.
Furthermore, the created paper judicial record file must be assigned an archival file number. The archival file number is assigned from 01 to n in the chronological order of the paper file being archived, without rotating annually.
The Document List is created according to the form issued with this Circular (form number 01/TT-BTP), including the following information: serial number, document name, document number, page number, document storage date, and document handler.
Example: A judicial record file includes a judicial record with 03 pages, numbered 01, 02, 03, and a Decision on Enforcement of Imprisonment Sentence with 01 page, numbered 04. Subsequently, the judicial record is supplemented with 02 additional pages. The Document List is recorded as follows:
No. | Document Name | Document Number | Page Number | Storage Date | Handler |
---|---|---|---|---|---|
1 | Judicial record | 31HM2011/00001 | 01, 02, 03 | ||
2 | Decision on Enforcement of Imprisonment Sentence | 01/QD-THA | 04 | ||
3 | Judicial record | 31HM2011/00001 | 03a, 03b |
Judicial Record File Cover follows form number 02/TT-BTP issued with this Circular. Information on the judicial record file cover must be clearly written in black ink marker, without abbreviations, the full name of the person with the judicial record written in capital letters, other fields in lowercase, and date, month, year of birth using dashes.
The paper judicial record file must be created and archived within 10 working days from the date of completion of the judicial record establishment; in cases where the National Center for Judicial Records receives the judicial record provided by the Department of Justice, the period is 20 days, from the date of receipt of the judicial record.
More details can be found in Circular 06/2013/TT-BTP, effective from April 1, 2013.
Thu Ba
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