Nghe An proposes to amend the Law on Judicial Records

On July 30, information from the People's Committee of Nghe An province said that it had just issued document No. 612 reporting the situation and results of administrative procedure reform implementation in July 2024 in the province.

Accordingly, the People's Committee of Nghe An province proposed that the Ministry of Justice study and propose amendments and supplements to the Law on Judicial Records and guiding documents in the direction of unifying the regulation of only one type of Judicial Record Certificate issued to individuals, which is Certificate No. 1 according to the provisions of the Law on Judicial Records 2009.

Because, during the long period of implementing the Law on Judicial Records, some diplomatic missions or labor export enterprises have required citizens to submit Judicial Records No. 2 when completing the application for an entry visa, affecting the direct rights of citizens in cases where they have had their criminal records cleared by competent authorities, this also goes against the provisions of the Law on Judicial Records regarding the purpose of issuing Judicial Records No. 2.

Nghe An province also recommended that the Ministry of Justice provide specific guidance for cases where Vietnamese people studying, working, or laboring abroad require a Criminal Record Certificate No. 2 to ensure convenience and cost savings.

According to the People's Committee of Nghe An province, the Law on Judicial Records stipulates that "Individuals requesting a Judicial Record Certificate No. 2 may not authorize another person to carry out the procedures for requesting a Judicial Record Certificate".

Article 2 of Decree No. 69/2024 on electronic identification and authentication stipulates the subjects of application: “Vietnamese agencies, organizations, citizens; foreign organizations and individuals residing and operating in Vietnam directly participating in or related to electronic identification, authentication, and electronic identification activities”.

On the other hand, the Law has not yet regulated how to submit applications online or via postal services to ensure privacy, so Vietnamese people studying, working, working... abroad cannot submit applications online via the National Public Service Portal/Provincial Administrative Procedure Information System (TTHC) or via postal services.

At the same time, Nghe An province recommends that ministries and branches continue to coordinate with the Ministry of Finance to review and issue Circulars regulating the reduction of fees and charges when performing online public services for administrative procedures under its management authority such as: Administrative procedures for issuing Judicial Records of the Ministry of Justice; Veterinary procedures of the Ministry of Agriculture and Rural Development and administrative procedures with a large number of transactions... to create incentive mechanisms to encourage people and businesses to perform online public services.

Source: https://laodong.vn/thoi-su/nghe-an-kien-nghi-sua-doi-luat-ly-lich-tu-phap-1373614.ldo