Prohibit requiring citizens to provide criminal records when not really necessary

Continuing the 49th session, on the morning of September 5, the National Assembly Standing Committee reviewed and gave opinions on the draft Law amending and supplementing a number of articles of the Law on Judicial Records.

Deputy Speaker of the National Assembly Nguyen Khac Dinh speaks at the session. Photo: mediaquochoi

Presenting a summary of the draft Law amending and supplementing a number of articles of the Law on Criminal Records, Deputy Minister of Public Security Nguyen Van Long stated that, after 15 years of implementing the 2009 Law on Criminal Records, many noteworthy results have been achieved, but some difficulties and shortcomings have also emerged, requiring amendment and supplementation.

According to a representative from the Ministry of Public Security, the scope and subjects of application of the Law remain essentially the same as the 2009 Law on Criminal Records. In addition, the draft Law amends and supplements 26 out of 57 articles and repeals 2 out of 57 articles of the 2009 Law on Criminal Records.

Accordingly, the draft Law has been amended and supplemented focusing on fundamental contents, such as: revising the model of the criminal record database from a two-level, decentralized system to a single-level, centralized, unified criminal record database model; and simultaneously amending the regulations on receiving and updating criminal record information to conform with the single-level criminal record database model and the functions and tasks of the Ministry of Public Security.

Amend and supplement regulations on the use of Criminal Record Certificates to address the abuse of Criminal Record Certificate No. 2 and to comply with legal regulations on personal data protection...

In order to reduce the number of requests for criminal record certificates from citizens, in accordance with the Prime Minister 's directive and consistent with the working relationship between state agencies, the draft Law has added a provision for providing criminal record information to agencies and organizations in written form.

To fully concretize the directives of the Government and the Prime Minister on promoting the application of information technology, implementing online public services, and digital transformation in the work of criminal record checks, the draft Law has added provisions on electronic criminal record certificates, diversifying methods of issuing criminal record certificates, and encouraging online requests for criminal record certificates.

The regulations have been amended to include provisions for non-discrimination based on administrative boundaries in the processing of administrative procedures for issuing criminal record certificates, in order to align with current legal regulations. Accordingly, individuals have the right to submit applications for criminal record certificates directly to any provincial or commune-level police station that is most convenient for them...

After listening to the discussions, Vice Chairman of the National Assembly Nguyen Khac Dinh affirmed that the Standing Committee of the National Assembly had discussed and highly approved the necessity of amending and supplementing a number of articles of the Law on Criminal Records and acknowledged the efforts of the drafting agency, the Ministry of Public Security, and the reviewing agency, the Committee on Law and Justice, in coordinating the development of the draft law.

Deputy Minister of Public Security Nguyen Van Long speaks at the session. Photo: mediaquochoi

The Standing Committee of the National Assembly highly appreciates the innovative contents in this draft law, which are in line with practical requirements, such as: reforming the organizational structure, building a database, clearly defining the rights and obligations of the subjects, simplifying administrative procedures, and issuing electronic criminal record certificates. The draft law dossier is eligible to be submitted to the National Assembly for approval at the 10th session under the expedited procedure.

Regarding some major issues on which there are differing opinions, Deputy Speaker of the National Assembly Nguyen Khac Dinh stated that, concerning the issuance of criminal record certificates to convicted commercial legal entities, the Standing Committee agrees with the Government and this issue will not be raised in this amendment.

Regarding criminal record certificates, the Standing Committee of the National Assembly agreed to maintain both certificate number one and certificate number two. At the same time, it proposed adding a principled provision to the draft law strictly prohibiting agencies and organizations from requiring citizens to provide criminal record certificate number two when not absolutely necessary, to prevent abuse and to protect personal data.

Regarding the procedures and timeframes for issuing certificates, the Vice Chairman of the National Assembly welcomed the Government's proposal to simplify and shorten the timeframe, and requested further review to facilitate citizens and minimize cases requiring extended processing times.

Furthermore, the Vice Chairman of the National Assembly requested the Government to promptly finalize the draft law based on the opinions of the Standing Committee of the National Assembly and the verification report. Further review is needed to ensure the law's consistency with related laws, such as the Penal Code and the Law on Identity Cards. At the same time, to meet the requirements of international integration and reflect a spirit of innovative thinking in lawmaking, specific provisions could be delegated to the Government to create flexibility.

"The Committee on Law and Justice is tasked with closely coordinating with the drafting agency to finalize the dossier, conduct official verification, and submit it to the National Assembly as prescribed," said National Assembly Vice Chairman Nguyen Khac Dinh.

Source: https://hanoimoi.vn/cam-yeu-cau-cong-dan-cung-cap-phieu-ly-lich-tu-phap-khi-khong-thuc-su-can-thiet-715188.html