Reduce the burden on state management agencies and people in requesting to provide criminal records

Commenting on the draft Law amending and supplementing a number of articles of the Law on Judicial Records at Group 8 (including the National Assembly Delegation of Bac Ninh and Ca Mau provinces), National Assembly Delegate Do Thi Viet Ha (Bac Ninh) proposed to add principles on cases where agencies and organizations are allowed to request individuals to provide Judicial Records Certificates (LLTP) to avoid abuse of the request for issuance of LLTP Certificate No. 1, creating unnecessary burdens for people and state management agencies.

Scene of the discussion session at Group 8, morning of November 4

Speed ​​up the completion of the LLTP Database

National Assembly Delegate Do Thi Viet Ha said that in order to implement the policies and requirements of competent authorities on promoting digital transformation in a connected, synchronous, fast and effective manner, meeting the requirements of restructuring the political system's apparatus, the delegate suggested continuing to review and update related contents to promptly institutionalize and concretize them in the draft Law.

At the same time, it is necessary to accelerate the completion of the LLTP Database and comprehensively connect it with the National Population Database so that agencies and organizations can exploit LLTP information in the electronic identification and authentication system, so that individuals can present authenticated LLTP information via the national identification application (VneID) when performing public services and handling administrative procedures in the electronic environment without having to request competent authorities to issue LLTP Certificates.

National Assembly Delegate Do Viet Ha ( Bac Ninh ) speaks during the discussion

Giving specific comments on LLTP Form No. 1, delegate Do Thi Viet Ha suggested that the drafting agency continue to research to revise the regulations on the purpose of managing LLTP and supplement the principles on cases where agencies and organizations are allowed to request individuals to provide LLTP Forms to avoid abuse of the request for LLTP Form No. 1, creating unnecessary burdens for people and state management agencies. At the same time, it is necessary to immediately stipulate in this Law the display of information content of LLTP Form No. 1 on VneID to ensure interconnection and convenience for accessing and using this information by relevant individuals, agencies and organizations.

Regarding the LLTP Card No. 2, according to delegate Do Thi Viet Ha, the reality of recent times shows that the request for the issuance of LLTP Card No. 2 is being abused, not only stemming from the need to know the LLTP information of citizens but mainly due to requests from agencies and organizations, especially for applications for entry visas, marriage, labor export, job applications... According to the delegate, this not only directly affects the right to have personal privacy guaranteed by law as prescribed by the Constitution and the humanitarian policy of the criminal law of our State, but also affects the reintegration into the community of convicted people, especially for those whose criminal records have been cleared.

The Draft Law amends the regulations on the issuance of LLTP Card No. 2 in the direction that the use of LLTP Card No. 2 must have the consent of the person to whom the LLTP Card is issued according to the provisions of the law on personal data protection in Clause 1, Article 4; at the same time, it has added a provision that agencies and organizations are not allowed to request individuals to provide LLTP Card No. 2 in Clause 4, Article 7.

The delegate said that although information about the criminal record status of individuals has been shown on the LLTP Card No. 1 (This Card will clearly state whether there is a criminal record status or not), it is necessary to issue LLTP Card No. 2 to individuals so that they can know the specific content of their LLTP and criminal record, and it is also in line with international practice to continue maintaining 2 types of LLTP Cards No. 1 and No. 2 to issue to subjects with different purposes of use. Individuals will decide to provide information about their LLTP to agencies and organizations upon request and are responsible for the information they provide.

Agreeing with the draft Law as stated above, delegate Do Thi Viet Ha carefully assessed the impact of the regulation that agencies and organizations are not allowed to request individuals to provide LLTP Certificate No. 2 because it could lead to difficulties for citizens when carrying out procedures for visa application, exit, entry... in which the host country requires the provision of information related to previous criminal records. It is necessary to study and amend the regulation in the direction of clearly defining a number of specific cases in which agencies and organizations can request individuals to provide LLTP Certificate No. 2.

Facilitate people when requesting a Temporary Residence Card

Regarding the procedure for issuing a Temporary Residence Card, Article 45 of the draft Law stipulates 3 ways in which individuals can request a Temporary Residence Card, including online (done at the National Public Service Portal or national identification application); via postal service or directly submitting the application to any provincial-level or commune-level police station, regardless of the administrative boundaries of the place of residence.

Delegates participating in the discussion at Group 8

National Assembly Deputy Do Thi Viet Ha basically agreed with the provisions of these three forms because she realized that compared to the provisions of the current Law, the draft Law demonstrated the spirit of administrative procedure reform, creating favorable conditions for people when requesting to be issued a Temporary Residence Card.

However, according to the requirements and instructions on developing and promoting technological solutions and digital transformation, for essential online public services that have been provided online in full, including public services on issuing LLTP Cards, the receiving agency is not allowed to collect paper documents (such as Notice No. 408/TB-VPCP dated August 8, 2025 of the Government Office on the conclusion of the 3rd Meeting of the Steering Committee on Science and Technology Development for Digital Transformation and DDA06; Directive No. 24/CT-TTg dated September 13, 2025 of the Prime Minister). Therefore, the delegates suggested that the Government continue to review and propose adjustments to the regulations on procedures and documents required for LLTP Cards in the draft Law to ensure consistency with the requirements and instructions of competent authorities.

At the same time, the delegate suggested considering not giving specific submission forms, but these forms will be implemented according to the law on administrative procedures and assigned to the Government to regulate to ensure flexibility and suitability to practice at different times. Because in reality, the forms are also regulated in Article 15 of Decree No. 118/2025/ND-CP dated June 9, 2025 of the Government on implementing administrative procedures under the one-stop mechanism, one-stop connection at the One-stop Department and the National Public Service Portal, which stipulates the way organizations and individuals submit documents and receive results of administrative procedure settlement, National Assembly delegate Do Thi Viet Ha analyzed.

Source: https://daibieunhandan.vn/giam-ganh-nang-cho-co-quan-quan-ly-nha-naoc-va-nguoi-dan-trong-yeu-cau-cung-cap-phieu-ly-lich-tu-phap-10394343.html