The National Assembly passed the Law amending and supplementing a number of articles of the Law on Judicial Records.

On the afternoon of December 5, under the chairmanship of National Assembly Chairman Tran Thanh Man and the direction of Vice Chairman Nguyen Khac Dinh, the National Assembly passed the Law amending and supplementing a number of articles of the Law on Judicial Records, with 437/441 total number of National Assembly deputies present participating in the vote in favor, reaching 99%.

The prosecuting agency has the right to request the provision of criminal record information to serve the investigation.

Accordingly, the Law amending and supplementing a number of articles of the Law on Judicial Records, consisting of 3 Articles, takes effect from July 1, 2026.

The Law amends and supplements a number of clauses of Article 2 as follows:

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting. Photo: Ho Long

Add clause 1a after clause 1 as follows: “1a. Judicial record information includes judicial record information on criminal records, judicial record information on prohibition from holding positions, establishing and managing enterprises and cooperatives as prescribed in clauses 2 and 3 of this Article”.

Add clause 4a after clause 4 as follows: “4a. The criminal record database is a collection of criminal record information of an individual and information on personal identification number or passport number in case there is no personal identification number; surname, middle name and given name; other names; date of birth; gender; place of birth registration; nationality; ethnicity; place of residence; surname, middle name, name of father, mother, wife, husband of that person”.

Amend and supplement Clause 5 as follows: “5. The competent authority to issue Criminal Records includes the Department of Professional Records of the Ministry of Public Security and the Provincial and Municipal Police (hereinafter referred to as the Provincial Police)”.

National Assembly deputies vote to pass the Law amending and supplementing a number of articles of the Law on Judicial Records. Photo: Quang Khanh

Amend and supplement Article 7 as follows:

“Article 7. Request for issuance of Criminal Record Certificate, provision of criminal record information; use of Criminal Record Certificate, criminal record information

Vietnamese citizens and foreigners who have resided or are residing in Vietnam and are 16 years of age or older have the right to request the competent authority to issue a Criminal Record Certificate to issue their Criminal Record Certificate.

The prosecution agency has the right to request the competent authority to issue a Criminal Record Certificate to provide criminal record information to serve the investigation, prosecution and trial.

State agencies, political organizations, and Vietnam Fatherland Front Committees at all levels have the right to request competent authorities to issue Judicial Records to provide judicial record information to support the management of cadres, civil servants, public employees, and administrative procedure settlement activities.

Delegates attending the meeting. Photo: Quang Khanh

Criminal record information and Criminal Record Certificates are managed and used in accordance with the law on personal data protection for sensitive personal data. Agencies, organizations and individuals are not allowed to request individuals to provide Criminal Record Certificate No. 2 as prescribed in Article 43 of this Law.

Agencies, organizations and individuals are not allowed to request individuals to provide criminal record information or Criminal Record Certificate No. 1, except in cases where laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee or decrees and resolutions of the Government stipulate the need to use criminal record information for the purpose of recruitment, granting licenses and practice certificates for occupations and job positions related to national defense, security, social order and safety, public health or to protect the interests of the State, the legitimate and legal rights and interests of individuals when participating in civil and commercial transactions directly related to vulnerable groups in society"...

Reduce the requirement for Criminal Records in human resource management

Previously, the presentation of the Report on the explanation, reception, revision and completion of the draft Law amending and supplementing a number of articles of the Law on Judicial Records by Minister of Public Security Luong Tam Quang clearly stated that, regarding the purpose of managing judicial records information, the Government has received and revised the draft Law.

Minister of Public Security Luong Tam Quang presented a report on the explanation, reception, revision and completion of the draft Law amending and supplementing a number of articles of the Law on Judicial Records. Photo: Quang Khanh

Accordingly, the Law stipulates the purpose of managing criminal records information and criminal records to help citizens know their criminal records information to resolve personal administrative procedures, and more clearly stipulates the purpose of supporting the management of cadres, civil servants and public employees to reduce the need for criminal records in personnel management.

Regarding the request for issuance of a Criminal Record Certificate, provision of criminal record information; the use of a Criminal Record Certificate and criminal record information, the Government accepts and revises the draft Law in the direction of stipulating that agencies, organizations and individuals are not allowed to request individuals to provide criminal record information or a Criminal Record Certificate. Only requesting to provide Form No. 1 is allowed in cases where the law, resolution of the National Assembly, ordinance, resolution of the National Assembly Standing Committee or decree, resolution of the Government stipulates.

At the same time, the draft Law has amended and supplemented regulations that when agencies and organizations have a request to use personal criminal records information, they can exploit and use it through connecting and sharing data from the Criminal Records Database, the National Population Database, and do not require individuals to provide Criminal Records Certificates...

Source: https://daibieunhandan.vn/quoc-hoi-thong-qua-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-ly-lich-tu-phap-10399368.html