Simplification of administrative procedures related to judicial record cards in Vietnam

Simplification of administrative procedures related to judicial record cards in Vietnam​ (Image from the internet)

Regarding this matter, LawNet provides the following explanation:

Simplification of administrative procedures related to judicial record cards in Vietnam

Reduction of certain regulations and administrative procedures related to judicial record card in 14 areas: Science and Technology, Foreign Affairs, Internal Affairs, Agriculture and Rural Development, Finance, Justice, Construction, Health, State Bank, Culture, Sports and Tourism, Labor - War Invalids and Social Affairs, Public Security, National Defense, and Transportation.

For the recruitment examination procedures for officials, the requirement for individuals to submit a judicial record card will be removed, replacing it with the measure where the recruiting agency proactively requests the issuance of the judicial record card in accordance with Clause 3, Article 7 of the Law on Judicial Records 2009 (amended, supplemented) to facilitate, reduce time, and social costs and to implement the right to request the issuance of the judicial record card by government agencies.

There will be an amendment to Point b, Clause 1, Article 16 of the Decree 138/2020/ND-CP dated November 27, 2020, of the Government of Vietnam regarding the recruitment, usage, and management of officials; supplementing the regulation where the recruiting agency requests the issuance of the judicial record card as per Decree 138/2020/ND-CP.

- For procedures like Extending the License for labor outsourcing activities, Issuing the License for labor outsourcing activities, Reissuing the License for labor outsourcing activities, Extending the service operation license of the employment service business in cases where the business requests an extension while simultaneously changing the legal representative of the business, Reissuing the service operation license of the employment service business in cases where the business requests an extension while simultaneously changing the legal representative of the business, and Issuing a service operation license for employment service businesses:

The requirement for the submission of a Vietnamese legal representative's judicial record card from businesses will be abolished. If necessary, the administrative procedure resolution agency will request the judicial record database management agency to issue a judicial record card for individuals to complete the documentation; or individuals can present an electronic judicial record card issued through the VNeID application.

It is recommended to amend Clause 3, Article 24 of Decree 145/2020/ND-CP and Clause 5, Article 17 of Decree 23/2021/ND-CP.

- For the procedure for issuing service operation licenses for sending workers abroad, the requirement to submit a judicial record card will be abolished. If necessary, the administrative procedure resolution agency will request the judicial record database management agency to issue a judicial record card to complete the documentation; or individuals can present an electronic judicial record card issued through the VNeID application to save time and costs, facilitating individuals in the process of performing administrative procedures.

There will be an amendment to Clause 2, Article 7 of Decree 112/2021/ND-CP.

See detailed content at Decision 498/QD-TTg effective from June 11, 2024.

Nguyen Ngoc Que Anh

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