The Ministry of Justice has just announced the appraisal dossier of the draft Law amending and supplementing a number of articles of the 2009 Law on Judicial Records, drafted by the Ministry of Public Security.
According to the Ministry of Public Security , the Law on Judicial Records has been in effect for more than 14 years, but has revealed limitations in not being synchronized with procedural laws, the ability to exploit and use data on judicial records is still limited, administrative procedures are not convenient... causing difficulties in practical implementation.
In the current context, the development of a draft Law amending and supplementing a number of articles of the 2009 Law on Judicial Records is necessary to perfect the legal framework, continue to promote the institutionalization of the Party and State's guidelines and policies on judicial records work in the current period; towards building, managing and centrally administering a judicial records database system, connecting and synchronizing with the national population data system, overcoming the current fragmentation.
At the same time, it is an important basis for implementing the reception of requests and issuance of full-process Criminal Record Certificates in the electronic environment, reforming administrative procedures, creating favorable conditions for people to perform services anytime, anywhere, contributing to innovation and national digital transformation, and international integration.
Database managed by a single agency
Compared with the 2009 Law on Judicial Records, the draft law has amendments and supplements focusing on the following basic contents:
Change the task of State management of criminal records and public services of issuing criminal records from the Ministry of Justice to the Ministry of Public Security. Accordingly, the Ministry of Public Security is responsible to the Government for performing State management of criminal records. The Ministry of Justice, the Ministry of National Defense , the Ministry of Foreign Affairs and other ministries and ministerial-level agencies, within the scope of their tasks and powers, are responsible for coordinating with the Ministry of Public Security to perform State management of criminal records.
According to the provisions of the 2009 Law on Judicial Records, the judicial records database is built according to a 2-level database model managed at the National Center for Judicial Records and the Department of Justice.
In the context of the new situation and higher requirements in State management of judicial records, along with the strong development of information technology applications and in line with the general international trend, the draft law stipulates that the judicial records database is built centrally and uniformly at the Department of Professional Records of the Ministry of Public Security.
Promote administrative reform, reduce the time limit for issuing Criminal Records
In order to promote administrative procedure reform and create favorable conditions for people who request to be issued with a Judicial Record Certificate, the draft law has added provisions on electronic Judicial Record Certificates to comply with current regulations on handling administrative procedures in the electronic environment, meeting the requirements of developing a digital government and digital society today.
In addition, the draft law reduces and simplifies the procedures for requesting a Criminal Record Certificate, removing the need for a copy of the household registration book or permanent or temporary residence certificate of the person being granted a Criminal Record Certificate to comply with the Law on Residence.
Accordingly, the procedure for issuing a Criminal Record Certificate according to the current draft law is simplified to the maximum, including only a declaration form requesting a Criminal Record Certificate and a copy of the Citizen Identification Card/Identification Card/Passport. In case an individual requests a Criminal Record Certificate online, only a declaration form requesting a Criminal Record Certificate is required.
To facilitate the people, the draft law has reduced the time limit for issuing a Judicial Record Certificate to 5 days, instead of the current regulation of no more than 10 days; in case the person issued a Judicial Record Certificate is a Vietnamese citizen who has resided in many places or has resided abroad, a foreigner, or in case of being convicted, the time limit shall not exceed 15 days.
Based on the reality of handling requests for issuance of Criminal Record Certificates for people under 14 years old, who are not yet old enough to be held criminally responsible under the criminal law, the draft law supplements regulations on the application for issuance of Criminal Record Certificates in a simpler direction, including only the application form for issuance of Criminal Record Certificates and copies of the identity cards or citizen identification cards or passports of the parents and guardians; the time limit for issuance of Criminal Record Certificates is shortened to 3 working days.
According to THU HANG/Nhan Dan Newspaper
Original article linkSource: https://baovanhoa.vn/nhip-song-so/de-xuat-giam-thoi-gian-cap-phieu-ly-lich-tu-phap-142543.html
Comment (0)