Sources of Criminal Record Information on Convictions

Sources of Criminal Record Information on Convictions
Nguyen Trinh

The Law on Judicial Records was promulgated on June 17, 2009. The Law comprises 6 Chapters and 56 Articles. One noteworthy provision stipulated in this document is the regulation on sources of judicial information regarding criminal records.

To be specific, according to the provisions of Article 15 of the Law on Judicial Records 2009, judicial record information on criminal convictions is derived from the following sources:

First, effective first-instance criminal judgments and appellate criminal judgments.

Second, review decisions and retrial decisions on criminal cases.

Third, decisions on the execution of criminal sentences.

Fourth, decisions on sentence exemption.

Fifth, decisions on sentence reduction.

Sixth, decisions on postponement of imprisonment enforcement.

Seventh, decisions on temporary suspension of imprisonment enforcement.

Eighth, decisions on exemption or reduction of obligations to execute judgments with respect to state budget contributions.

Ninth, certificates indicating full completion of imprisonment sentences; documents notifying the results of expulsion sentence execution.

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Tenth, certificates indicating full completion of reform without imprisonment sentences, probation sentences, and additional penalties.

Eleventh, decisions on the execution of fines, asset confiscation, court fees, and other civil obligations of the convicted person; decisions on suspension of sentence execution; certificates of execution result; documents notifying the completion of sentence execution in cases where the convicted person has fulfilled their obligations.

Twelfth, decisions on the reduction of the death penalty.

Thirteenth, certificates of special amnesty, general amnesty.

Fourteenth, decisions on criminal record expungement.

Fifteenth, certificates of automatic criminal record expungement.

Sixteenth, criminal record extracts or criminal conviction extracts of Vietnamese citizens provided by competent authorities of foreign countries to the Supreme People's Procuracy in accordance with international treaties on mutual legal assistance in criminal matters or on the principle of reciprocity.

Seventeenth, decisions of Vietnamese Courts on the extradition for sentence execution in Vietnam; decisions of Vietnamese Courts on the acceptance of the transfer of persons serving imprisonment sentences; notifications regarding decisions on special amnesty, general amnesty, sentence exemption, and sentence reduction by the transferring country for persons serving imprisonment sentences.

Eighteenth, notifications regarding the execution of decisions on extradition of convicted persons, decisions on the transfer of persons serving imprisonment sentences in Vietnam at the request of foreign competent authorities.

More details can be found in: Law on Judicial Records 2009, officially effective on July 1, 2010.

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