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THE MINISTRY
OF JUSTICE OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No:
06/2024/TT-BTP
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Hanoi, June
19, 2024
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CIRCULAR
AMENDING A NUMBER OF ARTICLES OF CIRCULAR ISSUING AND
PROVIDING GUIDANCE ON USING SPECIMENS OF JUDICIAL RECORD FORMS AND BOOKS
Pursuant to Law on Judicial Record dated June
17, 2009;
Pursuant to Decree No. 111/2010/ND-CP
dated November 23, 2010 of the Government detailing and guiding the
implementation of a number of articles of the Law on Judicial Records;
Pursuant to Decree No. 61/2018/ND-CP dated
April 23, 2018 of the Government on implementation of single-window system and
interlinked single-window system for handling administrative procedures; Decree
No. 107/2021/ND-CP dated December 6, 2021 of the Government amending and
supplementing a number of articles of Decree No. 61/2018/ND-CP dated April 23,
2018 of the Government on implementation of single-window system and interlinked
single-window system for handling administrative procedures;
Pursuant to Decree No. 45/2020/ND-CP dated
April 08, 2020 of Government on administrative procedures by electronic means;
Pursuant to Decree No. 42/2022/ND-CP dated
June 24, 2022 of Government, on prescribing provision of online information and
online public services by regulatory bodies;
Pursuant to Decree No. 98/2022/ND-CP dated
November 29, 2022 on functions, tasks, powers and organizational structure of
the Ministry of Justice;
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The Minister of Justice issues a Circular
amending a number of articles of circular issuing and providing guidance on
using specimens of judicial record forms and books.
Article 1. Amendments to a
number of articles of Circular No. 13/2011/TT-BTP dated June 27, 2011 of the
Minister of Justice on issuing and providing guidance on using specimens of
judicial record forms and books (hereinafter referred to as “Circular No.
13/2011/TT-BTP”) and Circular No. 16/2013/TT-BTP dated November 11, 2013 of the
Minister of Justice amending a number of articles of Circular No.
13/2011/TT-BTP on issuing and providing guidance on using specimens of judicial
record forms and books (hereinafter referred to as “Circular No.
16/2013/TT-BTP")
1. Amendments to Article 1 of Circular No.
13/2011/TT-BTP:
“Article 1. Scope
This Circular issues specimens of judicial
record forms and books; provides entities using and guidance on using these
forms and samples.”
2. Amendments to Article 1 of Circular No.
13/2011/TT-BTP (as amended by Circular No. 16/2013/TT-BTP):
“Article 3. Issuance of specimens of
judicial record forms and books
Issued together with this Circular are:
1. 07 specimens of judicial record forms and 04
specimens of judicial record books (Appendix 02).
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3. Amendments to the heading and contents of
Article 4 of Circular No. 13/2011/TT-BTP (as amended by Circular No.
16/2013/TT-BTP):
“Article 4. Management and use of
specimens of judicial record forms and books
1. 07 specimens of judicial record forms and 04
specimens of judicial record books (Appendix 02) are used and stored at
National Center for Judicial Records and Justice Departments (hereinafter
referred to as the “Agencies managing the judicial record database”) in digital
or physical form. The specimens of judicial record forms and books are printed
on white paper, A4 size (210 mm x 297 mm). Specimens of judicial record forms
and books in digital form have the same legal value as the physical ones.
2. 02 application forms for issuance of judicial
record card for individuals and written request for issuance of judicial record
card for procedure-conducting agencies, State agencies, political organizations
and socio-political organizations (hereinafter referred to as “agencies and
organizations”) are posted on the National Public Service Portal,
Administrative Procedure Settlement information systems of the Ministry of
Justice and provinces. Individuals, agencies, and organizations shall have
access to download and use these forms. In case individuals, agencies and
organizations carry out the procedures for issuance of judicial record card in
person, Agencies managing the judicial record database shall provide these
specimens for free.
3. 03 e-forms (Appendix 03) are integrated on
the National Public Service Portal, Administrative Procedure Settlement
information systems of the Ministry of Justice and provinces. When processing
application for issuance of judicial record cards online, individuals, agencies
and organizations shall provide and exchange information and data through
e-forms when using public online services of State agencies.
4. Agencies managing the judicial record
database shall organize the application of 07 specimens of judicial record
forms and 04 specimens of judicial record books (Appendix 02), 03 e-forms
(Appendix 03) and take responsible for the use of forms and templates that are
not in accordance with the provisions of this Circular."
4. Amendments to some clauses of Article
14 of Circular No. 13/2011/TT-BTP (as amended by Circular No. 16/2013/TT-BTP):
a) Amendments to point a of clause 1:
“a) People who are not being convicted,
convicts who have their conviction expunged of involuntary, convicts “who are
not treated as if they have conviction” according to regulations of clause 2 of
Article 69 of the Criminal Code 2015 (as amended in 2017), convicts who are
treated as if they do not have conviction according to regulations of Clause 1
of Article 107 of the Criminal Code 2015 (as amended in 2017), people who
receive general amnesty shall record “Do not have any conviction”; foreigners
residing in Vietnam shall record "Do not have any conviction during the
time residing in Vietnam". The boxes and columns in this section shall not
be recorded in the judicial record card.”
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“b1) Convicts “who
are not treated as if they have conviction” according to regulations of clause
2 of Article 69 of the Criminal Code 2015 (as amended in 2017), convicts “who
are treated as if they do not have conviction” according to regulations of
Clause 1 of Article 107 of the Criminal Code 2015 (as amended in 2017), shall
record the contents of the judgments to the corresponding boxes and columns in
the Judicial record card. The contents of the judgments shall be recorded in
accordance with guidance specified in point b of this clause.
At section “Note”: Clearly record "Not
being treated as having conviction” according to regulations of clause 2 of
Article 69 of the Criminal Code 2015 (as amended in 2017) or “Being treated as
not having conviction” according to regulations of Clause 1 of Article 107 of
the Criminal Code 2015 (as amended in 2017)”.
5. 08 specimens of judicial record forms and 4
specimens of judicial record books specified in Appendix 02 issued together
with Circular No. 16/2013/TT-BTP and two types of patterned color paper that
the Agencies managing the judicial record database use to print Judicial record
cards are annulled.
Article 2: Responsible for
implementation
Director of the
National Center for Judicial Records, Heads of units affiliated to the Ministry
of Justice, Directors of Departments of Justice of provinces and
centrally-affiliated cities, and relevant agencies, organizations and
individuals are responsible for implementing this Circular.
Article 3. Effect
1. This Circular comes into
force from June 17, 2024.
2. The two types of
patterned colored paper that have been printed and issued by the Ministry of
Justice for the Agencies managing the judicial record database to use for
printing Judicial record cards will continue to be used until the end of
September 30, 2024.
3. Application for issuance
of judicial record card of individuals, agencies and organizations that are
received and processed before this Circular takes effect but have not been
issued by Agencies managing the judicial record database shall be settled in
accordance with the applicable law. Individuals, agencies and organizations do
not have to submit the additional application or written request for issuance
of Judicial record cards using the forms issued together with this Circular.
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PP.
MINISTER
DEPUTY MINISTER
Nguyen Khanh Ngoc