Classification of Judicial Record Information Provided by the Court, Procuracy, and District Public Security in Vietnam

00:15, 10/07/2024

Below is a noteworthy content stipulated in Circular 06/2013/TT-BTP issued by the Ministry of Justice of Vietnam on the management, use, and exploitation of the judicial record database.

Article 9 of Circular 06/2013/TT-BTP provides guidance on the inspection, classification, and provision of judicial record information regarding criminal records at the Department of Justice, as provided by the Court, Provincial People's Procuracy, district public security, and the Civil Judgment Enforcement Agency in Vietnam. To be specific:

Classification of judicial record information, Circular 06/2013/TT-BTP

Illustration (source: internet)

Case	Classification of judicial record information
The convicted person has permanent residence or no permanent residence but temporarily resides in the province or city under central authority, where the Department of Justice is headquartered.	The Department of Justice receiving the information shall make a judicial record in accordance with Article 11 or update and supplement information into the already established judicial record as prescribed in Article 13 of this Circular.
In case the convicted person resides in another province or city under central authority, including temporary residence locally but still has permanent household registration in another province or city under central authority.	The Department of Justice that received the information is responsible for sending the judgment, judgment excerpt, and related decisions, certificates regarding the enforcement process to the Department of Justice where the person has permanent residence.
The convicted person has no place of residence, including foreigners whose permanent or temporary residence in Vietnam cannot be determined.	The Department of Justice that received the information is responsible for sending the judgment, judgment excerpt, or related decision regarding that enforcement process to the National Judicial Record Centre.
A judgment or decision involves multiple defendants with permanent or temporary residences in different provinces or cities under central authority.	The Department of Justice that received the information performs the procedures for copying the judgment, judgment excerpt, decision, and sends the copy to the Department of Justice where the convicted persons have permanent or temporary residences. Copies of judgments and decisions include: certified true copies, excerpts, or excerpts as stipulated in Decree 110/2004/ND-CP dated April 08, 2004, of the Government of Vietnam on clerical work.
In case of receiving judicial record information related to the enforcement status of persons convicted by an effective court judgment before July 01, 2010, such as enforcement decisions, decisions on expungement of criminal records, expungement certificates, or other related information.	The Department of Justice with the authority to make a judicial record requests the competent court to provide that judgment as prescribed at point a of clause 1, Article 4 of Joint Circular 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP.

More details can be found in Circular 06/2013/TT-BTP, effective from April 01, 2013.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem

- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn