Before the vote, the National Assembly heard General Luong Tam Quang, Minister of Public Security, on behalf of the Prime Minister, present a summary report on the acceptance, revision, and explanation of the draft Law amending and supplementing a number of articles of the Law on Criminal Records. Accordingly, in the group and plenary sessions, the majority of National Assembly deputies agreed with the content of the draft law. The draft law institutionalizes the policy of streamlining the organizational structure, transferring state management tasks regarding criminal records, and many policies mentioned in the draft law clearly demonstrate a strong innovative thinking aimed at promoting administrative procedure reform, digital transformation, and innovation in the method of state management of criminal records.
Regarding the purpose of managing criminal record information, the Government has incorporated and revised the draft law in the following direction: the purpose of managing criminal record information and criminal record certificates is to help citizens know their own criminal record information to resolve personal administrative procedures. At the same time, it clearly stipulates the purpose of supporting the management of officials, civil servants, and public employees, minimizing the need for criminal record certificates in personnel management.
Regarding the request for criminal record certificates, the provision of criminal record information, and the use of criminal record certificates and information, the Government has incorporated and revised the draft law to stipulate that agencies, organizations, and individuals are not allowed to request individuals to provide criminal record information or criminal record certificates. They may only request Form No. 01 in cases where a law, resolution of the National Assembly, ordinance, resolution of the Standing Committee of the National Assembly, or decree, resolution of the Government provides for it.
At the same time, the draft law has amended and supplemented regulations stating that when agencies and organizations request to use individuals' criminal record information, they may access and use it through data connection and sharing from the criminal record database and the national population database, without requiring individuals to provide criminal record certificates.
Regarding criminal record certificates No. 01, No. 02, and electronic criminal record certificates, the Government has incorporated feedback and revised the draft law to stipulate the continued maintenance of criminal record certificates No. 01 and No. 02. Certificates issued in electronic or paper form have the same legal validity. If an electronic criminal record certificate has already been issued, the updated criminal record information displayed on VNeID will be considered a pre-existing field, similar to full name, date of birth, and year of birth. The criminal record information displayed on VNeID has the same legal validity as a physical criminal record certificate. Individuals do not need to request a physical criminal record certificate when needed.
Regarding the procedures and timeframes for issuing criminal record certificates, the Government has incorporated feedback and revised the draft law to stipulate online issuance procedures to institutionalize the policy on developing scientific and technological applications, innovation, and digital transformation. Only in certain cases, such as foreigners or individuals without electronic identification, can a certificate be requested in person or via postal service. Individuals can authorize another person to handle the application process for both types of certificates. The issuance timeframe has been shortened to 5 working days.
Through the Law on Enforcement of Civil Judgments (amended)
Also on the afternoon of December 5th, the National Assembly voted to pass the amended Law on Civil Judgment Enforcement with 91.54% of participating delegates voting in favor.
Before the vote, the Chairman of the Law and Justice Committee, Hoang Thanh Tung, on behalf of the National Assembly Standing Committee, presented a report explaining, incorporating, and revising the draft Law. The National Assembly Standing Committee incorporated a maximum of 79 discussion points from National Assembly deputies, along with numerous written comments, focusing on 116 important issues related to the organizational model for enforcement, digital transformation, coercive authority, and reform of enforcement procedures. After revision, the draft submitted to the National Assembly comprises 5 chapters and 116 articles, fully institutionalizing the Party's policies and meeting the requirements of judicial reform in the context of strong digital transformation.
The issue of socializing enforcement of judgments was also discussed in depth, with many opinions expressing a desire to expand the coercive authority of the Enforcement Office and Enforcement Officers to enhance the effectiveness of socialization. However, the Standing Committee of the National Assembly affirmed that coercive enforcement of judgments is an activity of state power, directly impacting the fundamental rights of citizens such as property and residence. Entrusting this to non-governmental organizations could pose significant risks to security and order. Therefore, the draft Law does not grant comprehensive coercive authority to the Enforcement Office; Enforcement Officers are only entitled to request competent authorities to freeze accounts, assets, or temporarily suspend transactions to prevent asset dissipation. This approach ensures legal safety while creating room for socialization within a controlled scope.
Another important set of issues is shortening the timeframes for many enforcement procedures to reduce time and costs for citizens, in line with the spirit of Resolution 27-NQ/TW on reforming legal policies.
Through the Law on Forensic Examination (amended)
Also at the session, the National Assembly voted to pass the amended Law on Judicial Expertise with a majority of delegates in favor (92.81%).
Before proceeding to the vote, the National Assembly heard Minister of Justice Nguyen Hai Ninh, authorized by the Prime Minister, present a summary report on some major issues of the draft Law on Judicial Expertise (amended).
Minister Nguyen Hai Ninh stated that regarding the scope of establishment and operation of forensic examination offices, some National Assembly deputies agreed with the draft Law's provision on expanding the scope of establishment of forensic examination offices. In addition, some opinions suggested considering further expansion based on actual needs such as: information and communication, science and technology, pharmaceuticals, cosmetics, food safety, agriculture, forestry and fisheries, wildlife, rare and endangered animals, environment, transportation, and to include services for criminal proceedings and social needs to help alleviate pressure on current forensic examination agencies and units. Furthermore, some opinions suggested that the Law should not explicitly permit the establishment of forensic examination offices, but instead allow the Government to specify the details for greater flexibility.
Regarding this matter, Minister of Justice Nguyen Hai Ninh stated that, in recent times, the Party has issued directives on continuing to improve the mechanism for mobilizing resources to socialize and develop the field of forensic expertise, and amending the Law on Forensic Expertise to expand the scope of establishing forensic expertise offices in some fields and specialized areas with high and frequent needs, ensuring suitability to practical requirements. In particular, Directive No. 54-CT/TW dated November 30, 2025, of the Politburo on strengthening the Party's leadership over forensic expertise work has directed: "Promote the socialization of some areas of forensic expertise to better meet the requirements of litigation activities, especially civil and administrative litigation; encourage and create conditions for the development of non-governmental forensic expertise organizations with a roadmap that suits practical requirements, while simultaneously implementing measures to ensure and strictly control the quality of expertise."
Therefore, to institutionalize the above-mentioned policies and directives of the Party, the draft Law stipulates that the scope of establishing forensic examination offices should be expanded to include several fields and specialties, with the exception of DNA, document, digital and electronic, and fingerprint analysis, which will only be conducted in civil and administrative proceedings. Based on this fundamental principle of the Law, the Government will further specify the procedures for establishing, registering, and controlling the quality of operation of forensic examination offices.
Although some fields and specialized areas (environment, information and communication, science and technology, etc.) do have requests for expert opinions, these requests are not yet significant or frequent. Therefore, for the time being, the scope of establishing forensic expert offices to these fields and specialized areas will not be expanded.
For the reasons stated above, the Government proposes to retain the regulations on expanding the scope of establishment and operation of forensic examination offices as in the draft Law; however, for specialized fields such as DNA testing, document analysis, digital and electronic testing, and fingerprint analysis, forensic examination offices are only permitted to operate in civil and administrative proceedings, while public forensic agencies operate in criminal proceedings.
Source: https://baotintuc.vn/thoi-su/chuyen-doi-so-trong-cap-phieu-ly-lich-tu-phap-20251205171233345.htm
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