Right to request the issuance of judicial record cards in Vietnam

Right to request the issuance of judicial record cards in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Right to request the issuance of judicial record cards in Vietnam

Right to request the issuance of judicial record cards under Article 7 of the Law on Judicial Records 2009 is as follows:

- Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.

- Procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.

- State agencies, political organizations and socio-political organizations may request the issuance of judicial record cards to serve the personnel management, business registration, establishment and management of enterprises or cooperatives.

2. Prohibited acts regarding issuance of judicial record cards in Vietnam

Prohibited acts regarding issuance of judicial record cardsunder Article 8 of the Law on Judicial Records 2009 include:

- Illegally exploiting or using, falsifying or destroying judicial record data.

- Providing untruthful judicial record information.

- Forging papers to request the issuance of judicial record cards.

- Erasing, modifying or forging judicial record cards.

- Issuing judicial record cards with untruthful contents, ultra vires, or to improper persons.

- Using other persons' judicial record cards illegally or for the purpose of infringing upon privacy of individuals.

3. Subjects of judicial record management in Vietnam

Subjects of judicial record management according to Article 5 of the Law on Judicial Records 2009 are as follows:

- Vietnamese citizens who have been convicted under legally effective criminal judgments of Vietnamese courts or foreign courts, with excerpts of these judgments or their previous criminal convictions provided by competent foreign authorities under treaties on mutual legal assistance in criminal affairs or on the reciprocity principal.

- Foreigners who have been convicted under legally effective criminal judgments of Vietnamese courts.

- Vietnamese citizens and foreigners who are banned by Vietnamese courts from holding certain posts, establishing or managing enterprises or cooperatives under legally effective rulings on bankruptcy declaration.

4. Tasks and powers of agencies in the state management of judicial records in Vietnam

Tasks and powers of agencies in the state management of judicial records according to Article 9 of the Law on Judicial Records 2009 are as follows:

- The Government performs the unified state management of judicial records.

- The Supreme People's Court and the Supreme People's Procuracy shall coordinate with the Government in performing the state management of judicial records.

- The Ministry of Justice is answerable to the Government for performing the state management of judicial records, having the following tasks and powers:

+ To submit to competent state agencies for promulgation or promulgate according to its powers legal documents on judicial records;

+ To direct and organize the implementation of legal documents on judicial records; to organize the dissemination of and education about the law on judicial records; to professionally train and retrain civil servants engaged in judicial record work;

+ To manage the judicial record database at the National Center for Judicial Records;

+ To assure physical foundations and working facilities for the National Center for Judicial Records:

+ To provide professional direction and guidance on judicial records:

+ To examine, inspect, handle violations, and settle according to its competence complaints and denunciations about the observance of the law on judicial records:

+ To issue and uniformly manage forms, papers, books and records on judicial records;

+ To apply information technology to the development of the judicial record database and the management of judicial records;

+To conduct international cooperation in the domain of judicial records;

+ To annually report to the Government on the management of judicial records.

- The Ministry of Public Security, the Ministry of National Defense, the Ministry of Foreign Affairs and other ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Justice in performing the state management of judicial records.

- People's Committees of provinces and centrally run cities (below referred to as provincial-level Peoples Committees) shall perform the state management of judicial records in their localities, having the following tasks and powers:

+ To direct and organize the implementation of legal documents on judicial records; to organize the dissemination of and education about the law on judicial records;

+ To assure state payroll, physical foundations and working facilities for the management of judicial records in their localities:

+ To examine, inspect, handle violations, and settle according to their competence complaints and denunciations about the observance of the law on judicial records;

+ To apply information technology to the development of judicial record databases and the management of judicial records under the Ministry of Justice's guidance;

+ To annually report to the Ministry of Justice on the management of judicial records in their localities.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE