Delegate Phan Thi My Dung (Tay Ninh Delegation) requested the drafting agency to clarify the regulations on the issuance of Criminal Record Certificate No. 2 in two specific cases: At the request of individuals in immigration procedures, marriage with foreign elements, labor export, job application; at the request of competent authorities such as the agency conducting the proceedings or the agency performing the procedures for granting practice certificates, appointing positions in necessary cases.
According to the delegate, the draft Law basically maintains the current regulations in Clause 1, Article 41, in which Criminal Record Certificate No. 2 is issued upon request of an individual only so that the person knows the content of his/her criminal record; the use of the certificate must have the consent of the person to whom it is issued, according to the law on personal data protection.
Form No. 2 shows both expunged and unexpunged criminal records, mainly serving investigation, prosecution, trial activities or at the request of individuals. However, in recent years, the abuse of Form No. 2 has been increasing, mainly due to requests from agencies and organizations to supplement visa applications, immigration, marriage with foreign elements, labor export, and job applications.
This situation affects the right to personal privacy protection according to the Constitution and the humane policy of criminal law, hindering the reintegration into the community of convicted people, especially those whose criminal records have been cleared," the delegate said.
The delegate also pointed out the reality that enterprises, especially foreign enterprises, still require employees to apply for Form No. 2 themselves to submit their documents, instead of the agencies and organizations sending the request in writing. In addition, not all requests from agencies and organizations are met by the competent authorities; it is also necessary to consider whether the purpose of using Form No. 2 is appropriate or not.
According to the delegate, the lack of response or lack of response is also a current problem. In particular, the mechanism and sanctions for illegal requests are not clear, especially for foreign organizations; it is difficult to determine whether Form No. 2 in the file was requested or voluntarily provided by the individual.
Meanwhile, delegate Dong Ngoc Ba ( Gia Lai Delegation) analyzed that there are two reasons leading to the abuse of criminal records.
Firstly, many legal documents stipulate that individuals need to provide criminal record information and prove their criminal record without a clear and consistent basis.
Second, many internal documents of organizations and businesses require individuals to provide information about their criminal record when participating in transactions such as recruitment... leading to abuse.
Delegate Phan Thi My Dung agreed with the regulation on issuing electronic Criminal Record Certificates, and at the same time proposed to regulate the issuance of Criminal Record Certificate No. 2 in a specific and separate manner, not considering this as a regular administrative procedure and not as a component of the dossier in handling other administrative procedures.
Delegate Dong Ngoc Ba suggested that the drafting agency review, carefully analyze and supplement regulations on criteria and bases for providing criminal records No. 1 and No. 2 as well as clearly stipulate the prohibition of acts of abusing criminal records.
To thoroughly limit the abuse of Ballot No. 2, delegate Nguyen Minh Tam (Quang Tri Delegation) proposed two directions.
First, completely remove Criminal Record Form No. 2, because the person whose criminal record is cleared is considered not to have been convicted; confirmation of criminal record status only needs to stop at the level of yes or no. When more information is needed, the competent authority will work directly with the data management agency.
Second , if keeping Form No. 2 as drafted, the drafting agency needs to move the regulation prohibiting the request for Form No. 2 to the Article on prohibited acts; at the same time, amend the regulation on authorization to comply with the Law on Marriage and Family, according to which, parents are the legal representatives of minors without the need for written authorization. The delegate also suggested clarifying the purpose and scope of use between Form No. 1 and Form No. 2, to avoid confusion for people and using agencies.
At the discussion session, General and Minister of Public Security Luong Tam Quang respectfully thanked the National Assembly delegates for their comments and affirmed that the drafting agency will study and absorb as much as possible to complete the draft Law amending and supplementing a number of articles of the Law on Judicial Records to ensure quality and feasibility before submitting it to the National Assembly at the tenth session.
Regarding the purpose of managing criminal records information, the Minister said that the draft will be revised to serve citizens when carrying out administrative procedures, while supporting the management of cadres, civil servants and public employees, reducing the widespread request for criminal records.
Regarding criminal records and electronic records, the Minister stated that criminal records information will be integrated on VNeID and have the same value as paper records; citizens do not need to apply for a record. Data is secured and authenticated according to unified standards.
Source: https://hanoimoi.vn/de-xuat-giai-phap-han-che-viec-lam-dung-phieu-ly-lich-tu-phap-723645.html
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