What are the instructions for creating a judicial record code in Vietnam?

What are the instructions for creating a judicial record code in Vietnam? (Internet image)

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

1. What is judicial record?

Judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person's holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

(Clause 1, Article 2 of the Law on Judicial Records 2009)

2. What are the instructions for creating a judicial record code in Vietnam?

Specifically, Clause 2, Article 5 of Circular 13/2011/TT-BTP, as amended in Circular 16/2013/TT-BTP stipulate how to create a judicial record number as follows:

- Judicial record code includes: Judicial record code under the making competence of the National Center for Judicial Records or Department of Justice, year of making criminal record, ordinal number of making criminal record;

- Judicial record codes under the drafting competence of the National Center for Judicial Records or the Department of Justice are specified in the Criminal Record Code Table of the agency managing the judicial record database;

- The ordinal number for making a criminal record consists of 5 digits, starting from 00001. This ordinal number will rotate every year (from January 1 to December 31). After one year, the sequence number will be 00001.

For example: Judicial record number of Nguyen Van A is 25HN2013/00001, in which:

- "25HN" is the criminal record code under the jurisdiction of the Department of Justice of Hanoi;

- "2013" is the year of making a criminal record for Nguyen Van A;

- "00001" is the serial number of Nguyen Van A's criminal record.

3. What principles must be followed when creating a judicial record code in Vietnam?

The establishment of a criminal record number must comply with the principles specified in Clause 1, Article 5 of Circular 13/2011/TT-BTP, as amended in Circular 16/2013/TT-BTP, specifically as follows:

- The Criminal Record Code is made on the basis of the Criminal Record Code Table of the judicial record database management agency promulgated together with Circular 13/2011/TT-BTP, as amended in Circular No. 16/2013/TT-BTP (Appendix No. 01);

- In the judicial record database at the Department of Justice, each person has only one criminal record code;

- The National Center for Criminal Records uses the same Judicial Records Code set by the Department of Justice to store and manage Criminal Records in the criminal record database at the National Center for Criminal Records.

4. What are the subjects of judicial record management in Vietnam?

The subjects of judicial record management include:

- 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.

(Article 5 of the Law on Judicial Records 2009)

6. Principles of management of judicial records in Vietnam

According to Article 4 of the Law on Judicial Records 2009, the principles of criminal record management include:

- Judicial records shall be only made based on criminal court judgments or rulings which have taken legal effect; legally effective court rulings to declare enterprises or cooperatives bankrupt.

- Assurance of personal privacy.

- Judicial record information shall be adequately and accurately provided, received, updated and processed in strict compliance with the order and procedures provided in the Law on Judicial Records 2009.

The judicial record card-issuing agency shall take responsibility for the accuracy of information in judicial record cards.

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