Proposal not to request the provision of Criminal Record Form No. 2

Permanent Deputy Prime Minister Nguyen Hoa Binh presents the report. *Photo: media.quochoi.vn*

On the morning of October 27, continuing the tenth session, the National Assembly listened to presentations and examination reports on three drafts: Law on Temporary Detention, Temporary Imprisonment and Prohibition from Leaving Place of Residence; Law on Execution of Criminal Sentences (amended); Law on Amending and Supplementing a Number of Articles of the Law on Judicial Records.

Presenting the report, Politburo member and Permanent Deputy Prime Minister Nguyen Hoa Binh said that the draft Law on Enforcement of Temporary Detention, Temporary Imprisonment and Prohibition of Leaving the Place of Residence regulates the organizational system and model of the management and enforcement agencies for temporary detention, temporary imprisonment, and prohibition of leaving the place of residence; the detention management regime; the regime of detainees, temporary detainees, and death-sentenced persons currently in detention; detainees and temporary detainees who are under 18 years old, pregnant women or women raising children under 36 months old; enforcement of decisions prohibiting leaving the place of residence; complaints and denunciations in the management and enforcement of temporary detention, temporary imprisonment, and prohibition of leaving the place of residence; responsibilities for management and enforcement of temporary detention, temporary imprisonment, and prohibition of leaving the place of residence.

The draft Law on Enforcement of Criminal Judgments (amended) basically maintains the same scope of regulation as the 2019 Law; at the same time, amends and supplements a number of provisions to ensure the consistency and uniformity of the legal system and resolves existing problems and difficulties in practice, meeting the requirements of criminal judgment enforcement in the coming time. In particular, amends and supplements the tasks and powers of the People's Committee and the Commune-level Police in the direction that: the Commune-level People's Committee manages, supervises and educates people serving criminal sentences in the community; the Commune-level Police Chief has the task of directly assisting the Commune-level People's Committee in managing and supervising people serving criminal sentences in the community.

The draft Law amending and supplementing a number of articles of the Law on Judicial Records expands the purpose of managing judicial records; amends the model of a centralized, unified one-level Judicial Records Database; amends and supplements the regulation that agencies and organizations are not allowed to request individuals to provide Judicial Records Form No. 2 to overcome the abuse of Judicial Records Form No. 2, in accordance with legal regulations on personal data protection.

Supplementing a number of regulations related to sources of criminal record information according to relevant laws; responsibilities of investigation agencies, courts, and prosecutors in providing information on new crimes; providing criminal record information to agencies and organizations in lieu of criminal record certificates.

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung reports on the investigation. *Photo: media.quochoi.vn*

The review report presented by Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung said that the Committee basically agreed with the scope and contents of the amendments and supplements to the Law on Judicial Records.

However, some opinions suggested that there should be a thorough impact assessment on the regulation that agencies and organizations are not allowed to request individuals to provide Criminal Record Certificate No. 2 because it may cause difficulties for people when carrying out procedures for visa application, exit, immigration... where the host country requires the provision of information related to criminal records. Other opinions suggested studying and completely removing the regulation on issuing Criminal Record Certificate No. 2, this content is only stored in the database and serves the lookup and use of competent state agencies; information about the criminal record status of individuals has been shown on Criminal Record Certificate No. 1, so in case of necessity, individuals can provide Criminal Record Certificate No. 1 to agencies and organizations that request it.

Besides, there are also opinions that, not only for Judicial Record Certificate No. 2 but also in practice, there is abuse of the requirement to issue Judicial Record Certificate No. 1, creating unnecessary burdens for both people and state management agencies.

To overcome this situation, it is recommended to continue considering and adjusting the provisions on the purpose of managing criminal records of the draft Law to suit the practical situation and the policy of reducing and simplifying administrative procedures; adding to the draft Law regulations of a principle nature on cases where agencies and organizations are allowed to request individuals to provide Criminal Records.

Source: https://hanoimoi.vn/de-xuat-khong-duoc-yeu-cau-cung-cap-phieu-ly-lich-tu-phap-so-2-721099.html