Latest guidance on compilation of judicial records in Vietnam

Latest guidance on compilation of judicial records in Vietnam (Internet image)

1. Latest guidance on compilation of judicial records on criminal convictions in Vietnam

According to Article 26 of the Law on judicial records 2009, the compilation of judicial records in Vietnam is regulated as follows:

- Provincial-level Justice Departments in localities where convicts permanently reside shall compile judicial records of these persons. In case it is impossible to identify their places of permanent residence, provincial-level Justice Departments in localities where these persons temporarily reside shall compile their judicial records.

A judicial record shall be made in two copies, one to be managed by the provincial-level Justice Department and the other transferred to the National Center for Judicial Records.

- The National Center for Judicial Records shall compile and archive judicial records in the following cases:

= It is impossible to identify places of permanent or temporary residence of convicts;

=Convicts have been extradited for judgment enforcement or transferred for execution of an imprisonment penalty in Vietnam;

= It has received copies of excerpts of judgments or excerpts of previous criminal convictions of Vietnamese citizens from the Supreme People's Procuracy under Article 17 of the Law on judicial records 2009.

- Judicial records shall be compiled on the basis of sources of judicial record information on previous criminal convictions specified in Article 15 of the Law on judicial records 2009.

- A judicial record shall be compiled for each convict with the following details:

= Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of this convict, and full names of his/her parents and spouse;

= Date of judgment pronouncement, serial number of the judgment, the court which has pronounced the judgment, the crime and applicable article(s) and clause(s) of law, principal and additional penalties, civil obligation in the criminal judgment, court fee, and state of judgment enforcement.

- In case a person has been convicted of more than one crime and his/her penalties have been summed up under the Criminal Code, his/her judicial record must clearly indicate each crime he/she had committed, applicable article(s) and clause(s) of law and common penalty for these crimes.

2. Instructions for updating of judicial record information on previous criminal convictions in case of cassation or reopening trial in Vietnam

Article 28 of the Law on judicial records 2009 stipulates the updating of judicial record information on previous criminal convictions in case of cassation or reopening trial in Vietnam as follows:

-  A cassation or reopening ruling which accepts no protest and upholds the legally effective judgment or ruling shall be recorded by the provincial-level Justice Department in the judicial record.

- For a cassation or reopening ruling which quashes the legally effective judgment or ruling, the provincial-level Justice Department shall update judicial record information as follows:

= In case the judicial record has been compiled only on the basis of the quashed judgment or ruling, it shall be deleted from the judicial record database;

= In case the judicial record has been compiled on the basis of more than one judgment or ruling, information on the quashed judgment or ruling in the judicial record shall be deleted.

3. Instructions for updating of judicial record information in case Vietnamese citizens are convicted by foreign courts in Vietnam

According to Article 32 of the Law on judicial records 2009, the Updating of judicial record information in case Vietnamese citizens are convicted by foreign courts is regulated as follows:

- In case a Vietnamese citizen who has a judicial record is extradited for judgment enforcement or transferred for execution of an imprisonment penalty in Vietnam, the National Center for Judicial Records shall record contents of the decision on extradition or receipt of transferred person in his/her judicial record.

- In case a Vietnamese citizen who has a judicial record and an excerpt of his/her judgment or previous criminal conviction is supplied by a competent foreign authority, the National Center for Judicial Records shall update such information under Article 29 of the Law on judicial records 2009.

- In case the National Center for Judicial Records is notified of a foreign court ruling on penalty exemption or commutation, or a foreign decision on special reprieve or amnesty for a Vietnamese citizen convicted by that foreign court and currently executing an imprisonment penalty in Vietnam, it shall record that ruling or decision in this person's judicial record under Article 27 and Clause 2, Article 30 of the Law on judicial records 2009.

To Quoc Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE