Handling Information on Prohibition of Holding Positions in Judicial Records

The judicial record information of individuals prohibited from holding positions, establishing, or managing enterprises or cooperatives, is received and processed by the Department of Justice according to Article 14 of Circular 06/2013/TT-BTP through the following specific process:

Illustration (source internet)

Step 1: The Department of Justice receives and provides information about the prohibition from holding positions, establishing, or managing enterprises or cooperatives according to Clause 3, Article 37 of the Law on Judicial Records, Article 11, Article 14 of Joint Circular 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP. In the case where the person prohibited by the court from holding positions, establishing, or managing enterprises or cooperatives is a foreigner and has no residence in Vietnam, the Department of Justice sends the judicial record information of that person to the National Judicial Record Center.

Step 2: The Department of Justice prepares the judicial record of the person prohibited from holding positions, establishing, or managing enterprises or cooperatives according to Clause 1, Article 38 of the Law on Judicial Records, Article 14 of Decree 111/2010/ND-CP. In the case where the person prohibited by the court from holding positions, establishing, or managing enterprises or cooperatives is a foreigner and has no residence in Vietnam, the National Judicial Record Center prepares the judicial record based on the court's bankruptcy declaration.

For cases where the person prohibited by the court from holding positions, establishing, or managing enterprises or cooperatives already has a judicial record, the Department of Justice supplements the information about the prohibition from holding positions, establishing, or managing enterprises or cooperatives into that person's judicial record according to Clause 2, Article 38 of the Law on Judicial Records.

In cases where the prohibition period to establish or manage enterprises or cooperatives according to the court's bankruptcy declaration has expired, information about the individual's prohibition from establishing or managing enterprises or cooperatives in their paper judicial record will be crossed out and noted as "prohibition period has expired"; for electronic judicial record data, it will be deleted and noted as "prohibition period has expired".

See the full regulations at Circular 06/2013/TT-BTP effective from April 1, 2013.

Tuesday

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