The Ministry of Justice has just released the appraisal report for the draft Law amending and supplementing a number of articles of the 2009 Law on Criminal Records, which was drafted by the Ministry of Public Security.
According to the Ministry of Public Security , the Law on Criminal Records has been in effect for over 14 years and has now revealed limitations such as a lack of timely synchronization with procedural laws, limited ability to access and utilize criminal record data, and inconvenient administrative procedures, causing difficulties in practical implementation.
In the current context, the drafting of a bill to amend and supplement certain articles of the 2009 Law on Criminal Records is necessary to perfect the legal framework, further promote the institutionalization of the Party and State's guidelines and policies on criminal records in the current period; aiming towards building, managing, and centrally administering a system of criminal records databases that are interconnected and synchronized with the national population data system, overcoming the current fragmented situation.
At the same time, it serves as an important foundation for implementing the process of receiving requests and issuing criminal record certificates electronically, reforming administrative procedures, creating favorable conditions for people to access services anytime, anywhere, contributing to national innovation and digital transformation, and international integration.
The database is managed by a single agency.
Compared to the 2009 Law on Criminal Records, the draft law has made amendments and additions focusing on the following basic contents:
The responsibility for state management of criminal records and public services for issuing criminal record certificates has been transferred from the Ministry of Justice to the Ministry of Public Security. Accordingly, the Ministry of Public Security is responsible to the Government for 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 their respective duties and powers, are responsible for coordinating with the Ministry of Public Security in the state management of criminal records.
According to the provisions of the 2009 Law on Criminal Records, the criminal record database is built on a two-tiered database model managed at the National Criminal Records Center and the Department of Justice.
In the context of the new situation and higher demands in the State management of criminal records, along with the strong development of information technology applications and in line with the general international trend, the draft law stipulates that the criminal record database will be built centrally and uniformly at the Criminal Records Department of the Ministry of Public Security.
Promote administrative reforms and reduce the time limit for issuing criminal record certificates.
In order to promote administrative procedure reform and create favorable conditions for citizens requesting criminal record certificates, the draft law has added provisions on electronic criminal record certificates to conform 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, eliminating the requirement for a photocopy of the household registration book or certificate of permanent or temporary residence of the person applying for the criminal record certificate, in order to comply with the Law on Residence.
Accordingly, the procedure for issuing criminal record certificates under the current draft law is simplified to the maximum extent, including only an application form for a criminal record certificate and a copy of the Citizen Identity Card/Citizen Identity Card/Passport. If an individual requests a criminal record certificate online, only the application form is required.
To facilitate citizens, the draft law has reduced the time limit for issuing criminal record certificates to 5 days, instead of the current regulation of no more than 10 days; in cases where the person receiving the criminal record certificate is a Vietnamese citizen who has resided in many places or has resided abroad, a foreigner, or a convicted person, the time limit is no more than 15 days.
Based on the practical experience of processing requests for criminal record certificates for individuals under 14 years of age, who are not yet of criminal responsibility under criminal law, the draft law adds regulations on the application dossier for criminal record certificates in a simpler manner, including only the application form and a copy of the identity card or citizen identification card or passport of the parents or guardian; the time limit for issuing criminal record certificates is shortened to 3 working days.
By THU HANG/Nhan Dan Newspaper
Link to the original articleSource: https://baovanhoa.vn/nhip-song-so/de-xuat-giam-thoi-gian-cap-phieu-ly-lich-tu-phap-142543.html
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