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

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

On the morning of October 27th, continuing the program of the tenth session, the National Assembly heard presentations and verification reports on three draft laws: the Law on the Execution of Temporary Detention, Custody and Prohibition from Leaving the Place of Residence; the Law on the Execution of Criminal Sentences (amended); and the Law amending and supplementing a number of articles of the Law on Criminal Records.

Presenting the report, Politburo member and Standing Deputy Prime Minister Nguyen Hoa Binh stated that the draft Law on the Execution of Temporary Detention, Custody, and Prohibition from Leaving Residence regulates the organizational system and model of agencies managing and executing temporary detention, custody, and prohibition from leaving residence; the detention management regime; the regime for detainees, those in custody, and those sentenced to death who are in custody; detainees and those in custody who are under 18 years old, pregnant women, or women raising children under 36 months old; the execution of decisions prohibiting leaving residence; complaints and denunciations in the management and execution of temporary detention, custody, and prohibition from leaving residence; and the responsibilities of management and execution of temporary detention, custody, and prohibition from leaving residence.

The draft Law on Execution of Criminal Sentences (amended) essentially retains the scope of application compared to the 2019 Law; at the same time, it amends and supplements several provisions to ensure the consistency and uniformity of the legal system and to address existing problems and difficulties in practice, meeting the requirements of criminal sentence execution in the future. Specifically, it amends and supplements the duties and powers of the People's Committee and the Commune Police in the following direction: the Commune People's Committee manages, supervises, and educates individuals serving criminal sentences in the community; the Head of the Commune Police is responsible for directly assisting the Commune People's Committee in managing and supervising individuals serving criminal sentences in the community.

The draft Law amending and supplementing several articles of the Law on Criminal Records expands the purpose of managing criminal records; amends the model of a centralized, unified, one-level criminal record database; and amends and supplements the regulation prohibiting agencies and organizations from requesting individuals to provide Criminal Record Certificate No. 2 in order to address the abuse of Criminal Record Certificate No. 2, in accordance with the law on personal data protection.

Supplementing regulations related to the source of criminal record information as prescribed by relevant laws; the responsibilities of investigative agencies, courts, and procuratorates in providing information on new criminal offenses; and the provision of criminal record information to agencies and organizations in place of criminal record certificates.

Chairman of the National Assembly's Law and Justice Committee, Hoang Thanh Tung, presents the verification report. *Photo: media.quochoi.vn*

According to the verification report presented by Hoang Thanh Tung, Chairman of the National Assembly's Law and Justice Committee, the Committee basically agrees with the scope and contents of the amendments and additions to the Law on Criminal Records.

However, some opinions suggest that a thorough impact assessment is needed regarding the regulation prohibiting agencies and organizations from requesting individuals to provide Criminal Record Certificate No. 2, as it could cause difficulties for citizens when applying for visas, exit permits, or immigration documents, where the host country requires information related to criminal records. Other opinions suggest researching and completely abolishing the regulation on issuing Criminal Record Certificate No. 2; this information should only be stored in a database and used for retrieval by competent state agencies. Information on an individual's criminal record status is already shown on Criminal Record Certificate No. 1, so if necessary, individuals can provide Criminal Record Certificate No. 1 to the requesting agency or organization.

In addition, some argue that not only with Criminal Record Certificate No. 2, but also in practice, there is abuse regarding the request for Criminal Record Certificate No. 1, creating an unnecessary burden for both citizens and state management agencies.

To address this issue, it is proposed that further consideration and revision of the draft Law's provisions on the purpose of managing criminal records be made to align with practical realities and the policy of reducing and simplifying administrative procedures; and that the draft Law be supplemented with a principled provision outlining the circumstances under which agencies and organizations are permitted to request individuals to provide criminal record certificates.

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