General Luong Tam Quang: Continue to maintain judicial records No. 1 and No. 2

The Law stipulates that judicial record information includes: Information on criminal records, prohibitions on holding positions, establishing and managing enterprises and cooperatives in cases where enterprises and cooperatives are declared bankrupt by the court.

The competent authority to issue the certificate includes: Department of Professional Records, Ministry of Public Security and provincial and municipal police.

Vietnamese citizens and foreigners who have resided or are residing in Vietnam and are 16 years of age or older have the right to request competent authorities to issue their criminal records.

The National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Judicial Records. Photo: National Assembly

The certificates issued to individuals include both criminal record certificate No. 1 and No. 2. Criminal record information and criminal record certificates are managed and used in accordance with the provisions of law on personal data protection with sensitive personal data.

The new law clearly stipulates that agencies, organizations, and individuals are not allowed to request individuals to provide criminal record certificate No. 2. Criminal record certificate No. 2 is issued to the agency conducting the proceedings according to regulations and is issued at the request of the individual so that that person can know the content of his/her criminal record.

The content of this form includes criminal records; information about prohibitions on holding positions, establishing and managing enterprises, cooperatives, etc.

Agencies, organizations and individuals are also not allowed to request individuals to provide criminal record information or criminal record form No. 1; this can only be done in cases where laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee or decrees, resolutions of the Government stipulate the need to use criminal record information.

This is to serve the purpose of recruitment, licensing, and practice certificates for occupations and job positions related to national defense, security, order, social safety, and public health, or to protect State information, the legal and legitimate rights and interests of individuals when participating in civil and commercial transactions directly related to vulnerable groups in society.

Issuing criminal records online

Before the National Assembly approved and presented a report explaining, accepting, and revising the draft, General Luong Tam Quang , Minister of Public Security, emphasized the regulation "continuing to maintain judicial record form No. 1 and judicial record form No. 2".

The form is issued in electronic or paper form and has the same legal value. According to the Minister, once the electronic criminal record form has been issued, the citizen's criminal record information will be updated and displayed on VNelD (considered an available information field similar to full name and date of birth).

General Luong Tam Quang, Minister of Public Security, presented a report on explanation and acceptance. Photo: National Assembly

Criminal record information displayed on VNelD has the same legal value as a criminal record certificate. Individuals do not need to request a criminal record certificate when needed, "thereby creating maximum favorable conditions for people to perform services anytime, anywhere, bringing practical benefits to society, people, businesses and State management", said General Luong Tam Quang.

“The criminal record information displayed on the application and electronic criminal record forms is subject to an authentication mechanism to ensure confidentiality and prevent counterfeiting,” according to the Minister of Public Security.

The law also clearly stipulates the procedure for issuing a criminal record certificate online. This provision does not apply to foreigners or those who do not have an electronic identification. They can request a certificate in person or by post. The time limit for issuing a criminal record certificate is 5 working days from the date of receipt of a valid request.

In case there is information about a new criminal record or offense that needs to be verified, the time limit for issuing a certificate may be extended but not more than 15 days. Individuals may authorize another person to carry out the procedure to request a criminal record certificate.

Vietnamnet.vn

Source: https://vietnamnet.vn/dai-tuong-luong-tam-quang-tiep-tuc-duy-tri-phieu-ly-lich-tu-phap-so-1-va-so-2-2469790.html