The Government proposed "not to require people to submit Criminal Record Form No. 2"

(Dan Tri) - The draft Law amending and supplementing a number of articles of the Law on Judicial Records adds the provision that "agencies and organizations are not allowed to request individuals to provide Judicial Records Form No. 2", in order to overcome the situation of abuse.

On the morning of October 27, Permanent Deputy Prime Minister Nguyen Hoa Binh presented to the National Assembly a summary report of the draft laws: Law on Temporary Detention, Temporary Arrest and Prohibition from Leaving Place of Residence; Amended Law on Execution of Criminal Sentences and Law on Amending and Supplementing a Number of Articles of the Law on Judicial Records.

Regarding the Draft Law on amending and supplementing a number of articles of the Law on Judicial Records, the Permanent Deputy Prime Minister said that the draft law consists of 3 articles; adds 2 new articles; and abolishes 5/57 articles of the current Law on Judicial Records. The draft law has transferred the implementation of public services of issuing Judicial Records from the Ministry of Justice to the Ministry of Public Security.

Permanent Deputy Prime Minister Nguyen Hoa Binh (Photo: Hong Phong).

Accordingly, the Deputy Prime Minister said the draft law expands the purpose of managing judicial records; amends the model of a centralized, unified one-level Judicial Records Database.

The draft law amends and supplements the provision that "agencies and organizations are not allowed to request individuals to provide Criminal Record Certificate No. 2" to overcome the abuse of Criminal Record Certificate No. 2.

According to the Permanent Deputy Prime Minister, the draft law supplements a number of regulations related to the provision of criminal record information to agencies and organizations in place of the Criminal Record Certificate.

Presenting the review report, Chairman of the Law and Justice Committee Hoang Thanh Tung said that the Committee basically agreed with the scope and contents of the amendments and supplements to the Law on Judicial Records as submitted by the Government, but there were two contents that required further study.

Firstly, regarding Criminal Record Certificate No. 1 and Criminal Record Certificate No. 2, Mr. Tung said that some opinions suggested that it is necessary to carefully assess the impact of the regulation that agencies and organizations are not allowed to request individuals to provide Criminal Record Certificate No. 2 (Clause 4, Article 7), because it may cause difficulties for people when carrying out procedures for visa application, exit, immigration... in which the host country requires the provision of information related to criminal records.

This opinion suggests studying and revising regulations in the direction of clearly defining a number of specific cases in which agencies and organizations can request individuals to provide Criminal Record Certificate No. 2.

Chairman of the Committee on Law and Justice Hoang Thanh Tung (Photo: Hong Phong).

According to Mr. Tung, there is another opinion that the provisions of the draft Law still find it difficult to overcome the situation of abusing the request for Criminal Record Certificate No. 2 because if agencies and organizations, especially foreign agencies and organizations, still request it, individuals will still be reluctant to provide Criminal Record Certificate No. 2 to be able to complete the documents and procedures.

Therefore, this opinion suggests studying and completely removing the regulation on issuing Criminal Record Certificate No. 2, this content is only stored in the database and serves the lookup and use of competent State agencies. Information on the criminal record status of individuals has been shown on Criminal Record Certificate No. 1, so in case of necessity, individuals can provide Criminal Record Certificate No. 1 to agencies and organizations that request it.

In addition, there are also opinions in the examination agency that not only for Judicial Record Certificate No. 2 but also in practice, there is abuse of the requirement to issue Judicial Record Certificate No. 1, creating unnecessary burdens for both the people and the State management agency.

Delegates attend the discussion session at the National Assembly on the morning of October 27 (Photo: Minh Chau).

To overcome this situation, opinions in the examining agency suggest continuing to consider and revise the regulations on the purpose of managing criminal records in Clause 4, Article 3 of the draft Law to suit the practical situation and the policy of reducing and simplifying administrative procedures; adding to the draft Law regulations of a principle nature on cases where agencies and organizations are allowed to request individuals to provide a Criminal Record Certificate.

Regarding the procedure for requesting a Criminal Record Certificate, the examining agency proposed to amend the regulations on the order, procedures and documents for requesting a Criminal Record Certificate in the draft Law to ensure proper implementation of the requirements and instructions of competent authorities.

Criminal Record Certificate No. 1 is issued to Vietnamese citizens and foreigners who have resided or are residing in Vietnam. State agencies, political organizations, and socio-political organizations have the right to request a Criminal Record Certificate to serve the work of personnel management, business registration activities, establishment and management of enterprises and cooperatives.

Judicial record certificate No. 2 is a certificate issued to the prosecution agency that has the right to request a Judicial record certificate to serve the investigation, prosecution, and trial work and to issue it at the request of an individual so that he or she can know the content of his or her judicial record.

Source: https://dantri.com.vn/thoi-su/chinh-phu-de-xuat-khong-duoc-yeu-cau-dan-nop-phieu-ly-lich-tu-phap-so-2-20251027084828599.htm