Regulations on compilation of judicial records of convicted persons in Vietnam

Regulations on compilation of judicial records of convicted persons in Vietnam (Internet image)

Articles 10 and 11 of Decree 111/2010/ND-CP stipulate the compilation of judicial records of convicted persons in Vietnam in Vietnam as follows:

1. Compilation of judicial records of persons convicted by courts in Vietnam on July 1, 2010, or afterwards

The National Center for Judicial Records and provincial-level Justice Departments shall compile judicial records of persons convicted by courts on July 1, 2010, or afterwards on the basis of judicial record information on previous criminal convictions provided by agencies and organizations under Articles 16 thru 21 of the Law on Judicial Records.

2. Compilation of judicial records of persons convicted in Vietnam before July 1, 2010

For persons convicted by Vietnamese courts before July 1, 2010, whose judicial record information on previous criminal convictions is received by the National Center for Judicial Records and provincial-level Justice Departments from that date on, the Center or Departments shall request in writing competent agencies to provide information under Clause 2, Article 9 of this Decree for the compilation of judicial records of these convicts.

After receiving copies of judgments and other information provided by courts and concerned agencies and organizations under Clause 1 of this Article, the National Center for Judicial Records and provincial-level Justice Departments shall compile judicial records of convicts.

3. Compilation of judicial records of persons convicted before July 1, 2010, who have been issued judicial record cards by the National Center for Judicial Records or provincial-level Justice Departments

For persons convicted by Vietnamese courts before July 1, 2010, whose previous criminal conviction status is informed by police offices, courts or competent agencies of the Ministry of National Defense to the National Center for Judicial Records and provincial-level Justice Departments from that date on for issuance of judicial record cards, the National Center for Judicial Records and provincial-level Justice Departments issuing judicial record cards shall compile judicial records of these persons.

In case information on previous criminal convictions of convicts is also required for making their judicial records under Clause 1 of this Article, the National Center for Judicial Records and provincial-level Justice Departments shall request in writing competent agencies to provide such information under Clause 2, Article 9 of this Decree.

4. Compilation of judicial records of persons banned from holding certain posts, or establishing or managing enterprises or cooperatives in Vietnam 

Provincial-level Justice Departments shall receive excerpts of bankruptcy declaration decisions which take effect on July 1, 2030 or afterwards provided by courts under Article 37 of the Law on Judicial Records for making judicial records of persons banned from holding certain posts, or establishing or managing enterprises or cooperatives.

 In case persons banned from holding certain posts, or establishing or managing enterprises or cooperatives already have judicial records, provincial-level Justice Departments shall write in their judicial records the contents specified in Clause 2, Article 38 of the Law on Judicial Records.

More details can be found in Decree 111/2010/ND-CP, which comes into force from January 10, 2011.

Nguyen Phu

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