Individuals are not permitted to request a criminal record certificate (Form 2).

General Luong Tam Quang - Minister of Public Security - presents the summary report on the acceptance and explanation of the draft Law amending and supplementing a number of articles of the Law on Criminal Records. Photo: Quochoi.vn

On the afternoon of December 5th, with 437 out of 441 National Assembly delegates voting in favor, the National Assembly passed the Law amending and supplementing a number of articles of the Law on Criminal Records .

According to the newly passed law, criminal record information includes: information about criminal convictions, prohibitions from holding office, establishing or managing businesses or cooperatives in cases where the business or cooperative has been declared bankrupt by the court.

The competent authorities for issuing certificates include: the Professional Records Department - Ministry of Public Security and the Provincial/City Police Departments.

Vietnamese citizens and foreigners who have resided or are currently residing in Vietnam, aged 16 years and older, have the right to request a criminal record certificate from the competent authority. The certificates issued to individuals include both Criminal Record Certificate No. 1 and Certificate No. 2.

Criminal record information and criminal record certificates are managed and used in accordance with the law on the protection of personal data, especially sensitive personal data.

The new law clearly stipulates that organizations and individuals are not allowed to request individuals to provide Criminal Record Certificate No. 2.

Criminal record certificate No. 2 is issued to prosecuting authorities as prescribed and also issued upon request by individuals so that they can be aware of the contents of their criminal record.

This form contains information about criminal records; information about prohibitions from holding office, establishing or managing businesses, cooperatives, etc.

Agencies, organizations, and individuals are also prohibited from requesting individuals to provide criminal record information or Criminal Record Certificate No. 1; this may only be done in cases where laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, or decrees and resolutions of the Government stipulate the need to use criminal record information.

This is to serve the purpose of recruitment, licensing, and professional certification for professions and job positions related to national defense, security, public order, safety, and public health, or to protect state information and the legitimate rights and interests of individuals participating in civil and commercial transactions directly involving vulnerable groups in society.

The Law amending and supplementing a number of articles of the Law on Criminal Records also stipulates that Criminal Record Certificates No. 1 and No. 2 are issued in electronic or paper form and have the same legal validity.

If an electronic copy of the form has been issued, the citizen's criminal record information will be updated and displayed on VNeID (considered as a pre-existing field similar to full name and date of birth).

The criminal record information displayed on VNeID has the same legal validity as a criminal record certificate and is updated for individual use when needed without requiring a certificate.

In his report explaining, receiving feedback, and revising the draft law before the National Assembly's vote, Minister of Public Security Luong Tam Quang stated that the regulation aims to create the most favorable conditions for people to access services anytime, anywhere.

At the same time, this also brings practical benefits to society, people, businesses, and state management, saving time, effort, and money.

The law also clearly stipulates the procedure for issuing criminal record certificates online. This regulation does not apply to foreigners or individuals without electronic identification. They can request the certificate in person or via postal service.

The time limit for issuing a criminal record certificate is 5 working days from the date of receipt of a valid request. In cases where information about a criminal record or new criminal offenses needs verification, the time limit for issuing the certificate may be extended, but not exceeding 15 days.

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