On the afternoon of November 17, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly discussed in the Hall the draft Law amending and supplementing a number of articles of the Law on Judicial Records.
Proposal to vote on criminal records number 2
The current Law on Judicial Records stipulates: Judicial Records Form No. 2 is issued to the prosecution agency as prescribed in Clause 2, Article 7 of this Law and is issued at the request of an individual so that he/she can know the content of his/her judicial records.
In reality, many agencies and organizations require citizens to provide criminal record number 2 for purposes such as: proving one's criminal record status, applying for jobs, studying abroad, settling down or working abroad...
To overcome the above situation, National Assembly Deputy Nguyen Minh Tam ( Quang Tri ) said that the draft Law has added a provision in Clause 4, Article 7, according to which, agencies and organizations are not allowed to request individuals to provide Criminal Record Certificate No. 2. This is a very reasonable provision.
However, to avoid the abuse of the request for criminal record certificate No. 2, the delegate proposed to remove the provision on issuing criminal record certificate No. 2 in the Law on Criminal Records.
Furthermore, according to the provisions of the Penal Code, a person whose criminal record has been cleared is considered as not having been convicted. Delegate Nguyen Minh Tam emphasized that proving an individual's criminal record status should only stop at confirming whether or not there is a criminal record. In the case of needing to clarify a citizen's criminal record status in some specific cases, the responsible agency or organization must request the agency managing the criminal record database to provide information upon request.
In case the regulation on granting Criminal Record Certificate No. 2 is still maintained as in the draft Law, delegate Nguyen Minh Tam proposed to transfer Clause 4, Article 7 of the draft Law into a clause of Article 8 regulating prohibited acts and amend it as follows: Agencies and organizations are prohibited from requesting individuals to provide Criminal Record Certificate No. 2.
In Clause 20, Article 1 amending and supplementing Article 45, Clause 4 stipulates that individuals requesting a Criminal Record Certificate No. 2 must not authorize another person to carry out the procedure to request a Criminal Record Certificate No. 2, except in cases where individuals under 18 years of age are authorized by their parents or guardians. The delegate pointed out that this provision is not consistent with the provisions of Clause 1, Article 73 of the Law on Marriage and Family.
Clause 1, Article 73 of the Law on Marriage and Family stipulates: parents are the legal representatives of minor children, adult children who have lost their civil act capacity... Thus, parents are the natural legal representatives of minor children without having to go through authorization procedures. Therefore, the delegate proposed to amend and supplement Clause 4, Article 45 in the direction that parents act on behalf of children under 18 years old, without having to make a written authorization.
At the same time, amend Article 41 regulating criminal records in the direction of clearly distinguishing between the two types of criminal records, clarifying the purpose of use of criminal records No. 1 and criminal records No. 2 right in the content of the Law, avoiding abuse or misunderstanding, leading to inappropriate requirements; at the same time, creating a clear legal basis for people and organizations to apply correctly.
Time to issue criminal records is no more than 5 working days.
National Assembly Deputy Phan Thi My Dung (Tay Ninh) highly agreed with the regulation on issuing electronic criminal records as prescribed in Clause 1, Article 41 of the draft Law. Accordingly, criminal records are issued in paper or electronic form at the request of individuals, with equal legal value.
However, delegates suggested adding the case of issuing electronic criminal records upon request of organizations and units. This is highly recommended, in order to meet the digitization of input and output records.
Article 48 of the draft Law stipulates that the time limit for issuing a criminal record certificate is no more than 5 days from the date of receiving a valid application. Delegate Phan Thi My Dung frankly stated that the time limit for issuing a certificate as stipulated in the draft Law is not feasible in practice and unintentionally creates inconsistent processing times between applications.
The delegate cited, “If the application is submitted on Monday of the week, the processing time is 5 working days, if it is submitted on Tuesday of the week, the processing time is 4 working days and one day off, and if the application is submitted on Wednesday to Friday of the week, the processing time is 3 days and two days off. In particular, applications submitted on the last day adjacent to a long holiday will not have a processing time.”
Therefore, the delegate proposed to adjust the time for issuing a criminal record certificate to no more than 5 working days or to promote administrative reform and shorten the time for processing records, it is possible to stipulate that the time limit for issuing a criminal record certificate is no more than 3 working days.
Source: https://daibieunhandan.vn/phan-dinh-ro-muc-dich-su-dung-cua-2-loai-phieu-ly-lich-tu-phap-10395977.html
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