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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
111/2010/ND-CP
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Hanoi,
November 23, 2010
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DECREE
DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON
JUDICIAL RECORDS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 17,2009 Law on Judicial Records;
At the proposal of the Minister of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
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Article 2. Responsibilities of ministries, sectors and
provincial-level People's Committees for developing judicial record databases
1. The
Ministry of Justice shall direct the development of the judicial record
database for the whole country, and direct and guide the development of
judicial record databases in localities.
2.
Provincial-level People's Committees shall direct the development of judicial
record databases in their localities.
3. Concerned
ministries and sectors shall direct their attached agencies and units in
coordinating and providing judicial record information for the development of
judicial record databases under the Law on Judicial Records and this Decree.
Article 3. Protection of judicial record databases
Judicial
record databases constitute a national property and must be strictly and safely
protected. The management and exploitation of judicial record databases must
comply with the Law on Judicial Records and this Decree.
Article 4. The National Center for Judicial Records
The National
Center for Judicial Records is a non-business unit of the Ministry of Justice
functioning to develop and manage judicial record databases nationwide.
The tasks,
powers and organizational structure of the National Center for Judicial Records
shall be decided by the Minister of Justice.
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1. Agencies
managing databases on population, civil status registration, household
registration and people's identity cards shall provide necessary information at
the request of the National Center for Judicial Records and provincial-level
Justice Departments for verifying personal identifications of convicts and
persons banned from holding certain posts, or establishing or managing
enterprises or cooperatives.
2. The
National Center for Judicial Records and provincial-level Justice Departments
shall provide judicial record information at the request of agencies managing
databases on population, civil status registration, household registration and
people's identity cards to serve the latter's work under the Law on Judicial
Records and this Decree.
Article 6. Fee for issuance of judicial record cards and fee
exemption
1. The
Ministry of Finance shall guide rates and the collection, remittance,
management and use of the fee for issuance of judicial record cards.
2. The
following persons are exempt from the fee for issuance of judicial record
cards:
a/ Members of
poor households as specified by law;
b/
Inhabitants in communes meeting with exceptional difficulties as specified by
law.
Chapter II
DEVELOPMENT, ARCHIVE AND
PROTECTION OF JUDICIAL RECORD DATABASES
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Article 7. Development of judicial record databases
The
development of a judicial record database cover:
1. Receiving,
verifying, classifying and processing judicial record information provided by
agencies and organizations under the Law on Judicial Records and this Decree.
2. Making
judicial records under the Law on Judicial Records and this Decree.
3. Updating
judicial records already made.
Article 8. Scope of development of judicial record databases
on previous criminal convictions
The National
Center for Judicial Records and provincial-level Justice Departments shall
develop judicial record databases on previous criminal convictions of the
following persons:
1. Persons
convicted by Vietnamese courts from July 1, 2010, or afterwards.
2. Persons
convicted by Vietnamese courts before July 1, 2010, whose judicial record
information is provided by competent agencies or organizations under Articles
16 thru 21 of the Law on Judicial Records to the National Center for Judicial
Records and provincial-level Justice Departments from that date on.
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4. Vietnamese
citizens convicted by foreign courts, whose excerpts of previous criminal
sentences or convictions are provided by the Supreme People's Procuracy to the
National Center for Judicial Records from July 1, 2010 on.
5. Vietnamese
citizens convicted by foreign courts who are transferred for serving their
imprisonment sentences in Vietnam from July 1, 2010 on.
Article 9. Coordinated provision of judicial record
information on previous criminal convictions for the development of judicial
record databases
1. Agencies
and organizations shall provide judicial record information available from July
1, 2010, to the National Center for Judicial Records and provincial-level
Justice Departments under Articles 16 thru 21 of the Law on Judicial Records.
2. In case
judicial record information available before July 1. 2010, is also required for
the development of a judicial record database on convicts specified in Clauses
2 and 3, Article 8 of this Decree, the National Center for Judicial Records and
provincial-level Justice Departments shall request in writing courts that have
conducted first-instance trials of criminal
cases
involving these persons to provide copies of judgments against these convicts,
and competent agencies of the Ministry of Public Security, the Ministry of
National Defense, civil judgment enforcement agencies, and concerned agencies
and organizations to provide information on complete serving of penalties,
special reprieve, general amnesty, execution of the penalty of fine or
confiscation of assets, and civil decisions in criminal judgments against
convicts.
Competent
agencies of the Ministry of Public Security, the Ministry of National Defense,
civil judgment enforcement agencies, and concerned agencies and organizations
shall provide information at the request of the National Center for Judicial
Records and provincial-level Justice Departments under this Clause.
Article 10. Compilation of judicial records of persons
convicted by courts on July 1, 2010, or afterwards
The National
Center for Judicial Records and provincial-level Justice Departments shall
compile judicial records of persons convicted by courts on July 1, 2010, or
afterwards on the basis of judicial record information on previous criminal
convictions provided by agencies and organizations under Articles 16 thru 21 of
the Law on Judicial Records.
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I. For
persons convicted by Vietnamese courts before July 1, 2010, whose judicial
record information on previous criminal convictions is received by the National
Center for Judicial Records and provincial-level Justice Departments from that
date on, the Center or Departments shall request in writing competent agencies
to provide information under Clause 2, Article 9 of this Decree for the
compilation of judicial records of these convicts.
2. After
receiving copies of judgments and other information provided by courts and
concerned agencies and organizations under Clause 1 of this Article, the
National Center for Judicial Records and provincial-level Justice Departments
shall compile judicial records of convicts.
Article 12. Compilation of judicial records of persons
convicted before July 1, 2010, who have been issued judicial record cards by
the National Center for Judicial Records or provincial-level Justice
Departments
1. For
persons convicted by Vietnamese courts before July 1, 2010, whose previous
criminal conviction status is informed by police offices, courts or competent
agencies of the Ministry of National Defense to the National Center for
Judicial Records and provincial-level Justice Departments from that date on for
issuance of judicial record cards, the National Center for Judicial Records and
provincial-level Justice Departments issuing judicial record cards shall
compile judicial records of these persons.
2. In case
information on previous criminal convictions of convicts is also required for
making their judicial records under Clause 1 of this Article, the National
Center for Judicial Records and provincial-level Justice Departments shall
request in writing competent agencies to provide such information under Clause
2, Article 9 of this Decree.
Article 13. Compilation of judicial records of persons banned
from holding certain posts, or establishing or managing enterprises or
cooperatives
1.
Provincial-level Justice Departments shall receive excerpts of bankruptcy
declaration decisions which take effect on July 1, 2030 or afterwards provided
by courts under Article 37 of the Law on Judicial Records for making judicial
records of persons banned from holding certain posts, or establishing or
managing enterprises or cooperatives.
2. In case
persons banned from holding certain posts, or establishing or managing
enterprises or cooperatives already have judicial records, provincial-level
Justice Departments shall write in their judicial records the contents
specified in Clause 2, Article 38 of the Law on Judicial Records.
Article 14. Competence for making judicial records of persons
banned from holding certain posts, or establishing or managing enterprises or
cooperatives and their contents
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2. A judicial
record shall be made separately for each person banned from holding certain
posts, or establishing or managing enterprises or cooperatives, containing the
following details:
a/ Full name,
sex, date and place of birth, nationality, place of permanent residence or
temporary residence of the person;
b/ Posts
banned from holding or duration in which he/she is banned from establishing or
managing enterprises or cooperatives;
c/ Serial number
and date of the decision on bankruptcy declaration and the issuing court
Article 15. Coordination between provincial-level Justice
Departments and provincial-level people's courts in reviewing the provision of
judicial record information
Quarterly, provincial-level
Justice Departments shall coordinate with provincial-level and district-level
people's courts in their localities in reviewing and comparing criminal
judgments and decisions on declaration of bankruptcy of enterprises or
cooperatives, which have been pronounced by provincial-level or district-level
courts and contain the ban on holding certain posts, or establishing or
managing enterprises or cooperatives, in order to assure the timely provision
of sufficient judicial record information.
Article 16. Coordinated verification and provision of
information for the development of judicial record databases
1. In the
course of updating judicial records, if information on personal identifications
of convicts or persons banned from holding certain posts, or establishing or
managing enterprises or cooperatives is unclear or inaccurate, the National
Center for Judicial Records and provincial-level Justice Departments shall
coordinate with agencies managing databases on population, civil status
registration, household registration and people's identity cards in verifying
and clarifying such information.
2. When
issuing decisions permitting modification or correction of civil status
registrations for persons aged full 14 years or older, or death certificates,
civil status registry offices shall send originals or copies of such decisions
or death certificates to the National Center for Judicial Records and
provincial-level Justice Departments.
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1. In case a
convict has passed a duration long enough for automatic remission of his/her
previous criminal conviction under the Penal Code but has not received any
certificate of remission of previous criminal conviction from a court, a
provincial-level Justice Department shall verify whether or not he/she is
charged with a criminal act. investigated, prosecuted or tried while having
his/her previous criminal conviction not yet remitted. The verification shall
be conducted as follows:
a/ The
provincial-level Justice Department shall send a written request for
verification or directly conduct the verification at the People's Committee of
the commune, ward or township (below referred to as commune-level People's
Committee) or the agency or organization in which the convict resides or works
after completely serving his/her judgment;
b/ In the
course of verification at the commune-level People's Committee, agency or
organization, it" finding necessary, the provincial-level Justice
Department may conduct the verification at the concerned procedure-conducting
agency of whether or not the convict is currently charged with a criminal act,
investigated, prosecuted or tried.
2. The
commune-level People's Committee, agency or organization shall provide
information at the request of the provincial-level Justice Department.
Justice-civil
status officers shall assist the commune-level People's Committee in conducting
the verification at the request of the provincial-level Justice Department.
3. The
provincial-level Justice Department shall send verification results to the
National Center for Judicial Records within 5 working days after the
verification is completed under Clause 1 of this Article.
4. For a
judicial record compiled by the National Center for Judicial Records under
Point a. Clause 2, Article 26 of the Law on Judicial Records, the National
Center for Judicial Records shall verify the condition on automatic remission
of the previous criminal conviction of the convict under Clause 1 of this
Article.
Article 18. Updating of judicial record information on
automatic remission of previous criminal convictions after verification results
are obtained
Based on
verification results obtained under Article 17 of tills Decree, the National
Center for Judicial Records and provincial-level Justice Departments shall
update in judicial records of convicts as follows:
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a/ He/she
commits no new crime in the duration of having a previous criminal conviction
as stipulated in the Penal Code;
b/ He/she has
a previous criminal conviction for a crime but is convicted or investigated,
prosecuted or tried for another criminal act committed before or after the
duration of having such previous criminal conviction as stipulated in the Penal
Code.
2. In case a
person who has a previous criminal conviction for a crime is again convicted
under a legally valid judgment for a criminal act committed in the duration of
having such previous criminal conviction as stipulated in the Penal Code,
his/her judicial record must be updated with the information that he/she
"has a previous criminal conviction" for such crime.
3. In case a
person who has a previous criminal conviction for a crime is investigated,
prosecuted, tried or convicted under a judgment which has not become legally
effective for another criminal act committed in the duration of having such
previous criminal conviction as stipulated in the Penal Code, his/her judicial
record will not be updated with the information on automatic remission of
previous criminal conviction until court trial results are obtained.
Section 2. ARCHIVE AND PROTECTION OF JUDICIAL RECORD DATABASES
Article 19. Forms of archive of judicial record databases
1. A judicial
record database consists of documented judicial record files and electronic
judicial record data.
2. Documented
judicial record files include documents containing judicial record information
sent by concerned agencies and organizations to the National Center for
Judicial Records and provincial-level Justice Departments under Articles 16
thru 21 of the Law on Judicial Records and judicial records of individuals
compiled by the National Center for Judicial Records and provincial-level
Justice Departments.
3. Electronic
judicial record data include judicial record information contained in
documented judicial record files which have been converted into electronic
data.
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Article 20. Archive of documented judicial record files
1. The
archive of documented judicial record files must adhere to the principles that
files are separately classified for different individuals and each file has
separate signs to ensure accurate and convenient information search.
2. Copies of
criminal judgments, excerpts of criminal judgments and criminal judgment
enforcement decisions, certificates of complete serving of penalty and judicial
records of individuals shall be archived at the National Center for Judicial
Records and provincial-level Justice Departments until such individuals die.
Other
documents in judicial record files shall be archived definitely and might be
destroyed when they are no longer useful under the law on archive.
Article 21. Archive of electronic judicial record data
1. Electronic
judicial record data shall be obtained through digitalizing documented judicial
record files, structured to be consistent with documented judicial record files
and archived indefinitely at the National Center for Judicial Records and
provincial-level Justice Departments.
2. In case of
inconsistency between electronic judicial record data and documented judicial
record files, the National Center for Judicial Records and provincial-level
Justice Departments shall conduct verification before making appropriate
adjustments.
Article 22. Management and exploitation of judicial record
databases
1. The
management and exploitation of judicial record databases must comply with the
Law on Judicial Records and this Decree.
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3. The
Minister of Justice shall guide the management, use and exploitation of
judicial record databases.
Article 23. Measures to protect judicial record databases
The National
Center for Judicial Records and provincial-level Justice Departments shall take
measures to assure safety and security for judicial record databases.
1. General
protective measures:
a/ Measures
against data hacking;
b/ Measures
against fires, explosions and natural disasters.
2. Measures
to protect documented judicial record files:
a/ Building
or arranging storehouses up to set standards;
b/ Installing
sufficient technical equipment and devices for file preservation;
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d/
Controlling insects and fungi or neutralizing acids and other elements harmful
to files;
e/ Repairing
or restoring files which are damaged or in danger of damage.
3. Measures
to protect electronic judicial record data:
a/ Assuring
data safety and security;
b/ Assuring
network security.
Chapter III
SEARCH FOR JUDICIAL
RECORD INFORMATION ON PREVIOUS CRIMINAL CONVICTIONS AVAILABLE BEFORE JULY 1,
2010, FOR ISSUANCE OF JUDICIAL RECORD CARDS
Article 24. Identification of places for search for judicial
record information on previous criminal convictions
1. The search
for judicial record information on previous criminal convictions available
before July L 2010, for issuance of judicial record cards shall be conducted on
the database of the public security force as specified in Article 25 of this
Decree.
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3. In case a
judicial record database contains sufficient judicial record information
available before July 1, 2010, on persons specified in Clauses 2 and 3, Article
8 of this Decree, the search for information shall be conducted on such
database.
Article 25. Search for judicial record information on
previous criminal convictions at police offices
1. In case a
provincial-level Justice Department issues a judicial record card, the search
for information shall be conducted as follows:
a/ Within 1
working day after receiving a complete and valid dossier of application for
judicial record card, the provincial-level Justice Department shall send a card
of judicial record verification enclosed with a file set to the
provincial-level Police Department;
b/ Within 7
working days after receiving the card of judicial record verification, the
provincial-level Police Department shall search for information on the previous
criminal conviction status of the applicant and send search results to the
provincial-level Justice Department. In case search for information have to be
conducted in the file and record system of the Ministry of Public Security,
that time limit must not exceed 9 working days.
2. In case
the National Center for Judicial Records issues a judicial record card, the
search for information shall be conducted as follows:
a/ Within 1
working day after receiving a complete and valid dossier of application for
judicial record card, the National Center for Judicial Records shall send a
card of judicial record verification enclosed with a file set to the agency
managing the file and record system of the Ministry of Public Security;
b/ Within 7
working days after receiving the card of judicial record verification, the
agency managing the file and record system of the Ministry of Public Security
shall search for information and send search results to the National Center for
Judicial Records.
3. In case of
emergency and at the request of a procedure-conducting agency, immediately
after receiving an application, the National Center for Judicial Records or a
provincial-level Justice Department shall coordinate with a competent agency of
the Ministry of Public Security in searching for judicial record information of
the application and issue a judicial record card within 24 hours after
receiving the application.
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In case
judicial record information on previous criminal convictions searched at a
court is insufficient to serve as a ground for making a conclusion or the
previous criminal conviction status of an applicant remains unclear or contains
insufficient details for confirming whether or not the applicant has a previous
criminal conviction, the National Center for Judicial Records or the
provincial-level Justice Department shall contact the court that has conducted
the first-instance trial of the case involving the applicant for information
search.
The time
limit for searching information at a court is 5 working days.
Article 27. Search for judicial record information on
previous criminal convictions at a competent agency of the Ministry of National
Defense
In case of
issuance of a judicial record card to a person who once was an officer, noncommissioned
officer, solider or professional army man, or national defense worker, the
National Center for Judicial Records or the provincial-level Justice Department
shall coordinate with a competent agency of the Ministry of National Defense in
conducting information search.
Article 28. Search for judicial record information on persons
already determined as having no previous criminal conviction before July 1,
2010
For a person
who obtains a judicial record card on July 1, 2010, or afterwards and is
determined as having no previous criminal conviction before July 1, 2010, the
second-time issuance of a judicial record card to him/her does not require
search for information at a police office, court or competent agency of the
Ministry of National Defense under this Chapter.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 29. Effect
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Article 30. Implementation responsibility
1. Ministers,
heads of ministerial-level agencies, heads of government-attached agencies and
chairpersons of provincial-level People's Committees shall implement this
Decree.
2. The
Minister of Public Security shall direct units of the Ministry and local police
offices; and the Minister of National Defense shall direct concerned agencies
and units in the Army in organizing the search, exchange and provision of
judicial record information available before July 1, 2010, under the Law on
Judicial Records and this Decree to serve the development of judicial record
databases and the issuance of judicial record cards.
3. The
Minister of Justice shall, within the ambit of his/her tasks and powers,
coordinate with concerned ministries and sectors in guiding the implementation
of articles and clauses of this Decree assigned to him/her and other necessary
contents of the Decree in order to meet requirements of the state management of
judicial records.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung