Guidelines for Preparing Criminal Records for Individuals Sentenced by the Court from July 01, 2010

The establishment of Judicial Records for individuals convicted by the Court from July 1, 2010, is carried out following the guidance of Article 11 Circular 06/2013/TT-BTP as follows:

Illustrative image (source: internet)

- The Department of Justice establishes Judicial Records as prescribed in Clauses 1, 3, 4, 5, Article 26 of the Law on Judicial Records based on judicial record information provided by agencies and organizations;- The National Center for Judicial Records establishes Judicial Records as prescribed in Clauses 2, 3, 4, 5, Article 26 of the Law on Judicial Records based on information provided by the Department of Justice and other relevant agencies.

Additionally, Circular 06 also stipulates the establishment of Judicial Records for individuals convicted by the Court before July 1, 2010, specifically as follows:

Firstly, in cases where the Department of Justice receives judicial record information of individuals convicted by a Vietnamese Court before July 1, 2010, such as criminal enforcement decisions, certificates of completed prison terms, amnesty notices, civil judgment enforcement certificates, or other related judicial record information but has not received the legally effective judgment, the Department of Justice establishes the Judicial Records based on the received decisions, certificates and clearly states the source of information for establishing the Judicial Records. Simultaneously, the Department of Justice requests the Court that tried the case to provide the legally effective judgment as prescribed in Point a, Clause 1, Article 4 of Interministerial Circular 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP. Based on the judgment provided by the Court, the Department of Justice updates and supplements the missing information into the established Judicial Records;

Secondly, in cases where the National Center for Judicial Records receives judicial record information of individuals convicted by a Vietnamese Court before July 1, 2010, but cannot determine their permanent or temporary residence, the National Center for Judicial Records establishes the Judicial Records based on the decisions and certificates received;

Thirdly, in cases where the results of searches and verifications by the police, the Court, or competent authorities under the Ministry of Defense indicate the individual to be issued a Judicial Record Certificate has a criminal record, but the judicial record database does not contain that individual's Judicial Records, the National Center for Judicial Records or the Department of Justice where the Judicial Record Certificate is issued establishes the Judicial Records based on the search and verification results of the police, the Court. Simultaneously, the National Center for Judicial Records or the Department of Justice requests the Court that tried the case to provide the judgment as prescribed in Point a, Clause 1, Article 4 of Interministerial Circular 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP. Based on the judgment provided by the Court, the National Center for Judicial Records or the Department of Justice supplements the missing information into the established Judicial Records.

Notably, Circular 06/2013/TT-BTP stipulates three cases in which the National Center for Judicial Records, Department of Justice does not establish Judicial Records for convicted individuals as follows:

- Receiving decisions to suspend the execution of prison sentences in cases where the individual serving the prison sentence dies, death notices of prisoners without receiving the judgment or other decisions, certificates related to the individual's criminal record.- Receiving legally effective judgments declaring the defendant innocent or exempting the defendant from criminal liability.- Receiving decisions to execute judgments or decisions to execute death sentences without receiving the judgment or other decisions, certificates related to the individual's criminal record.

See additional regulations in Circular 06/2013/TT-BTP effective from April 1, 2013.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE