|
THE
NATIONAL ASSEMBLY
-------
|
SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
----------
|
|
No.
28/2009/QH12
|
Hanoi,
June 17, 2009
|
LAW
ON JUDICIAL RECORDS
(No.
28/2009/QH12)
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Judicial Records.
Chapter I
GENERAL PROVISIONS
Article
1. Scope of regulation
This Law provides for the order
of and procedures for provision, receipt and updating of judicial record
information; compilation of judicial records; organization and management of
judicial record databases; issuance of judicial record cards; and state
management of judicial records.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
In this Law, the terms below are
construed as follows:
1.Judicial record means a record
of previous criminal conviction(s) of a person convicted under a criminal court
judgment or ruling which has taken legal effect, the state of his/her execution
of the judgment and a ban on this person's holding of certain posts, or
establishment or management of enterprises or cooperatives in case enterprises
or cooperatives have been declared bankrupt by court.
2. Judicial record information
on previous criminal conviction means information on an individual who has been
convicted; his/her crime and applicable articles and clauses of law, principal
and additional penalties, civil obligation in the criminal judgment, and court
fee; date of judgment pronouncement, the court that has pronounced the judgment
and serial number of the pronounced judgment; the state of judgment execution.
3. Judicial record information
on ban on holding of certain posts, establishment or management of enterprises
or cooperatives means information on an individual who is banned from holding
certain posts, establishing or managing enterprises or cooperatives: posts
subject to the ban, the duration in which he/she is banned from establishing or
managing enterprises or cooperatives under the court ruling on bankruptcy
declaration.
4. Judicial record card means a
card issued by an agency managing the judicial record database and valid to
prove whether or not an individual has a previous criminal conviction, is banned
from holding certain posts, establishing or managing enterprises or
cooperatives in case enterprises or cooperatives have been declared bankrupt by
court.
5. Agencies managing the
judicial record database include the National Center for Judicial Records and
provincial-level Justice Departments.
Article 3.
Purposes of management of judicial records
1. Satisfying the requirement of
proving whether or not an individual has a previous criminal conviction or is
banned from holding certain posts, establishing or managing enterprises or
cooperatives in case enterprises or cooperatives have been declared bankrupt by
court.
2. Recording the remission of
previous criminal convictions, and facilitating the community reintegration by
convicted persons.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Supporting the personnel
management, business registration, establishment and management of enterprises
and cooperatives.
Article 4.
Principles of management of judicial records
1. Judicial records shall be
only made based on criminal court judgments or rulings which have taken legal
effect; legally effective court rulings to declare enterprises or cooperatives
bankrupt.
2. Assurance of personal
privacy.
3. Judicial record information
shall be adequately and accurately provided, received, updated and processed in
strict compliance with the order and procedures provided in this Law. The
judicial record card-issuing agency shall take responsibility for the accuracy
of information in judicial record cards.
Article 5.
Subjects of judicial record management
1. Vietnamese citizens who have
been convicted under legally effective criminal judgments of Vietnamese courts
or foreign courts, with excerpts of these judgments or their previous criminal
convictions provided by competent foreign authorities under treaties on mutual
legal assistance in criminal affairs or on the reciprocity principal.
2. Foreigners who have been
convicted under legally effective criminal judgments of Vietnamese courts.
3. Vietnamese citizens and
foreigners who are banned by Vietnamese courts from holding certain posts,
establishing or managing enterprises or cooperatives under legally effective
rulings on bankruptcy declaration.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Courts, procuracies, civil
judgment enforcement agencies, competent agencies of the Ministry of Public
Security, judgment enforcement agencies of the Ministry of National Defense and
concerned agencies and organizations shall provide the judicial record
database-managing agencies with sufficient and accurate judicial record
information in strict accordance with the prescribed order and procedures under
this Law and other relevant laws.
Article 7.
Right to request the issuance of judicial record cards
1. Vietnamese citizens and
foreigners who resided or are currently residing in Vietnam may request the
issuance of judicial record cards.
2. Procedure-conducting agencies
may request the issuance of judicial record cards to serve the investigation,
prosecution and adjudication work.
3. State agencies, political
organizations and socio-political organizations may request the issuance of
judicial record cards to serve the personnel management, business registration,
establishment and management of enterprises or cooperatives.
Article 8.
Prohibited acts
1. Illegally exploiting or
using, falsifying or destroying judicial record data.
2. Providing untruthful judicial
record information.
3. Forging papers to request the
issuance of judicial record cards.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Issuing judicial record cards
with untruthful contents, ultra vires, or to improper persons.
6. Using other persons' judicial
record cards illegally or for the purpose of infringing upon privacy of
individuals.
Article 9.
Tasks and powers of agencies in the state management of judicial records
1. The Government performs the
unified state management of judicial records.
2. The Supreme People's Court
and the Supreme People's Procuracy shall coordinate with the Government in
performing the state management of judicial records.
3. The Ministry of Justice is
answerable to the Government for performing the state management of judicial
records, having the following tasks and powers:
a/ To submit to competent state
agencies for promulgation or promulgate according to its powers legal documents
on judicial records;
b/ To direct and organize the
implementation of legal documents on judicial records; to organize the dissemination
of and education about the law on judicial records; to professionally train and
retrain civil servants engaged in judicial record work;
c/ To manage the judicial record
database at the National Center for Judicial Records;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e/ To provide professional
direction and guidance on judicial records:
f/ To examine, inspect, handle
violations, and settle according to its competence complaints and denunciations
about the observance of the law on judicial records:
g/ To issue and uniformly manage
forms, papers, books and records on judicial records;
h/ To apply information
technology to the development of the judicial record database and the
management of judicial records;
i/To conduct international
cooperation in the domain of judicial records;
j/ To annually report to the
Government on the management of judicial records.
4. The Ministry of Public
Security, the Ministry of National Defense, the Ministry of Foreign Affairs and
other ministries and ministerial-level agencies shall, within the ambit of
their tasks and powers, coordinate with the Ministry of Justice in performing
the state management of judicial records.
5. People's Committees of
provinces and centrally run cities (below referred to as provincial-level
Peoples Committees) shall perform the state management of judicial records in
their localities, having the following tasks and powers:
a/ To direct and organize the
implementation of legal documents on judicial records; to organize the
dissemination of and education about the law on judicial records;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ To examine, inspect, handle
violations, and settle according to their competence complaints and
denunciations about the observance of the law on judicial records;
d/ To apply information
technology to the development of judicial record databases and the management
of judicial records under the Ministry of Justice's guidance;
e/ To annually report to the
Ministry of Justice on the management of judicial records in their localities.
Article 10.
Fee for issuance of judicial record cards
1. Individuals who request the
issuance of judicial record cards shall pay a fee.
2. The rates, management and use
of the fee for issuance of judicial record cards comply with law.
Chapter II
ORGANIZATION AND
MANAGEMENT OF THE JUDICIAL RECORD DATABASE
Article 11.
Judicial record database
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Judicial record databases
shall be developed and managed at the National Center for Judicial Records and
provincial-level Justice Departments.
The Government shall specify the
organization of the National Center for Judicial Records.
Article 12.
Tasks of the National Center for Judicial Records in managing judicial
record databases
1. To develop, manage, exploit
and protect judicial record databases nationwide.
2. To guide the development,
management, exploitation and protection of judicial record databases at
provincial-level Justice Departments.
3. To receive, update and
process judicial record information provided by the Supreme People's Procuracy,
competent agencies of the Ministry of Public Security, judgment enforcement
agencies of the Ministry of National Defense and provincial-level Justice
Departments.
4. To receive judicial records
provided by provincial-level Justice Departments.
5. To provide judicial record
information to provincial-level Justice Departments.
6. To compile judicial records
and issue judicial record cards according to its competence.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. To observe the statistical
and reporting regime in managing judicial record databases nationwide.
Article 13.
Tasks of provincial-level Justice Departments in managing judicial record
databases
1. To develop, manage, exploit
and protect judicial record databases within their provinces or centrally run
cities.
2. To receive, update and
process judicial record information provided by courts, concerned agencies and
organizations and the National Center for Judicial Records.
3. To compile judicial records
and issue judicial record cards according to their competence.
4. To provide judicial records
and additional information to the National Center for Judicial Records; to
provide judicial record information to other provincial-level Justice
Departments.
5. To observe the statistical
and reporting regime in managing judicial record databases in their localities.
Article 14.
Protection and archive of judicial record databases
Judicial record databases
constitute a national asset which must be strictly and safely protected and
archived for a long term.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The Government shall specify the
protection and archive of judicial record databases.
Chapter
III
PROVISION, RECEIPT,
UPDATING AND PROCESSING OF JUDICIAL RECORD INFORMATION, AND COMPILATION OF
JUDICIAL RECORDS
Section I.
PROVISION AND RECEIPT OF JUDICIAL RECORD INFORMATION ON PREVIOUS CRIMINAL
CONVICTIONS
Article 15.
Sources of judicial record information on previous criminal convictions
Judicial record information
comes from the following sources:
1. First-instance criminal
judgments which have taken legal effect and appellate criminal judgments:
2. Cassation or re-opening
rulings on criminal cases;
3. Rulings on criminal judgment
enforcement;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Rulings on reduction of the
duration of serving penalties;
6. Rulings on postponement of
execution of imprisonment penalty;
7. Rulings on suspension of
execution of imprisonment penalty:
8. Rulings on exemption from or
reduction of the obligation to pay state budget remittances in executing a
judgment;
9. Certificates of completed
execution of imprisonment penalty; written notices of results of enforcement of
the expulsion penalty;
10. Certificates of completed
execution of non-custodial reform or suspended imprisonment penalty and
additional penalties;
11. Rulings on imposition of
fines, confiscation of assets, collection of court fees and other civil
obligations of convicts; decisions on termination of judgment enforcement;
certificates of judgment enforcement results; written notices of judgment
enforcement completion in case convicts have fulfilled their obligations;
12. Rulings on commutation of
the death penalty;
13. Certificates of special
reprieve or amnesty;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
15. Certificates of automatic
remission of previous criminal conviction;
16. Excerpts of judgments or
previous criminal convictions of Vietnamese citizens, provided supplied by
competent foreign authorities to the Supreme People's Procuracy under treaties
on mutual legal assistance in criminal affairs or on the reciprocity principle;
17. Rulings of Vietnamese courts
on extradition of criminals for judgment enforcement in Vietnam; rulings of
Vietnamese courts on receipt of transferred persons who are serving an
imprisonment penalty; notification of decisions on special reprieve or amnesty,
penalty exemption or commutation by transferring countries for persons who are
serving an imprisonment penalty;
18. Notices of implementation of
rulings on extradition of convicts or decisions on transfer of persons who are
serving an imprisonment penalty in Vietnam at the request of competent foreign
authorities.
Article 16.
Tasks of courts in providing judicial record information on previous criminal
convictions
1. A court having conducted
first-instance trial of a case shall send to the provincial-level Justice
Department in the locality where it is headquartered the following documents:
a/ Excerpt of the legally effective
first-instance criminal judgment or appellate criminal judgment;
b/ Cassation or reopening
criminal ruling;
c/ Ruling on commutation of the
death penalty;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
f/ Ruling on remission of
previous criminal conviction;
g/ Certificate of automatic
remission of previous criminal conviction.
2. A court having issued rulings
or decisions shall send to provincial-level Justice Department of the locality
where it is headquartered the following rulings:
a/ Ruling on exemption from
penalty execution;
b/ Ruling on reduction of the
duration of penalty execution;
c/ Ruling on suspension of
imprisonment penalty;
d/ Ruling on exemption from or
reduction of the obligation to pay state budget remittances in executing a
judgment;
e/ Ruling on receipt of a
transferred person who is serving an imprisonment penalty specified in Clause
17, Article 15 of this Law.
3. Time limit for sending an
excerpt of a judgment or ruling or a copy of a certificate specified in Clauses
1 and 2 of this Article is 10 days after that judgment or ruling takes legal
effect or is received or that certificate is issued.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Full name, sex, date and
place of birth, nationality, place of permanent or temporary residence of the
convict, and full names of his/ her parents and spouse;
b/ Date of pronouncement and
serial number of the judgment; the court that has pronounced the judgment; the
committed crime and applicable articles and clauses of law: principal and
additional penalties; civil obligation indicated in the criminal judgment; and
the court fee.
5. Originals or copies of
rulings and certificates specified in Clauses 1 and 2 of this Article shall be
sent.
Article 17.
Task of the Supreme People's Procuracy in providing judicial record information
on previous criminal convictions
The Supreme People's Procuracy
shall send to the National Center for Judicial Records copies of excerpts of
judgments and excerpts of previous criminal convictions of Vietnamese citizens
supplied by competent foreign authorities within 10 days after the receipt of
these excerpts.
Article 18.
Tasks of public security offices in providing judicial record information on
previous criminal convictions
1. Superintendents of detention
camps or custody facilities shall send certificates of completed execution of
imprisonment penalty or certificates of special reprieve or amnesty to the
National Center for Judicial Records within 10 days after these certificates
are issued.
2. The immigration management
agency of the Ministry of Public Security shall send notices of enforcement of
the expulsion penalty to the National Center for Judicial Records within 10
days after the date of enforcement of the penalty.
3. Competent agencies of the
Ministry of Public Security shall send notices of enforcement of rulings on
extradition of convicts and rulings on transfer of persons who are serving an
imprisonment penalty in Vietnam to the National Center for Judicial Records
within 10 days after the date of enforcement of the rulings.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 19.
Tasks of judgment enforcement agencies of the Ministry of National Defense in
providing judicial record information on previous criminal convictions
1. Superintendents of detention
camps or custody facilities shall send certificates of completed execution of
imprisonment penalty or certificates of special reprieve or amnesty to the
National Center for Judicial Records within 10 days after these certificates
are issued.
2. Judgment enforcement agencies
of military zones or equivalent level shall send rulings, certificates and
written notices specified in Clause 11. Article 15 of this Law to the National
Center for Judicial Records within 10 days after these rulings are made,
certificates are issued or convicts fulfill their judgment execution
obligation.
Article 20.
Tasks of civil judgment enforcement agencies in providing judicial record
information on previous criminal convictions
Civil judgment enforcement
agencies shall send rulings, certificates and written notices specified in
Clause 11. Article 15 of this Law to provincial-level Justice Departments in
localities where they are headquatered within 10 days after these rulings are
made, certificates are issued or convicts fulfill their judgment execution
obligation.
Article 21.
Tasks of other agencies and organizations in providing judicial record
information on previous criminal convictions
Agencies and organizations
competent to issue certificates of completed execution of non-custodian reform
or suspended imprisonment penalty and additional penalties shall send these
certificates to provincial-level Justice Departments in localities where they
are headquartered within 10 days after issuing these certificates.
Article 22.
Tasks of the National Center for Judicial Records in receiving and providing
judicial record information on previous criminal convictions
1. To fully and promptly receive
judicial record information on previous criminal convictions provided by the
Supreme People's Procuracy, competent agencies of the Ministry of Public
Security and judgment enforcement agencies of the Ministry of National Defense.
The receipt of judicial record information on previous criminal convictions
must be recorded in receipt books made according to a form set by the Ministry
of Justice.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 23.
Tasks of provincial-level Justice
Departments in receiving and
supplying judicial record information on previous criminal convictions
1. Provincial-level Justice
Departments shall fully and promptly receive judicial record information on
previous criminal convictions provided by concerned agencies and organizations
under this Law.
In case a convict permanently
resides in another province or centrally run city, the provincial-level Justice
Department shall send judicial record information on his/her previous criminal
convictions to the provincial-level Justice Department in the locality where
he/she permanently resides within 10 days after the receipt of information. In
case it is impossible to identify the place of permanent residence of the
convict, judicial record information on his/her previous criminal convictions
shall be sent to the provincial-level Justice Department in the locality where
he/she temporarily resides. In case it is impossible to identify both places of
permanent and temporary residence of the convict, the provincial-level Justice
Department shall send judicial record information on his/her previous criminal
convictions to the National Center for Judicial Records.
2. The receipt of judicial
record information on previous criminal convictions by provincial-level Justice
Departments must be recorded in receipt books made according to a form set by
the Minister of Justice.
Article 24.
Supplementation or correction of judicial record information
1. In case judicial record
information is incomplete or wrong, a judicial record database-managing agency
shall request the agency or organization that has provided the information to
supplement or correct it.
2. Courts, procuracies, civil
judgment enforcement agencies, competent agencies of the Ministry of Public
Security, judgment enforcement agencies of the Ministry of National Defense and
concerned agencies and organizations shall provide information to judicial record
database-managing agencies within 10 days after receiving supplementation or
correction requests.
3. Judicial record
database-managing agencies shall provide supplemented or corrected information
under Clause 2, Article 22 and Clause 1, Article 23 of this Law within 10 days
after receiving it.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Judicial record information on
previous criminal convictions shall be sent directly, or via mail, the Internet
or computer network.
Section 2.
COMPILATION OF JUDICIAL RECORDS, UPDATING AND PROCESSING OF JUDICIAL RECORD
INFORMATION ON PREVIOUS CRIMINAL CONVICTIONS
Article 26.
Compilation of judicial records
1. Provincial-level Justice
Departments in localities where convicts permanently reside shall compile
judicial records of these persons. In case it is impossible to identify their
places of permanent residence, provincial-level Justice Departments in
localities where these persons temporarily reside shall compile their judicial
records.
A judicial record shall be made
in two copies, one to be managed by the provincial-level Justice Department and
the other transferred to the National Center for Judicial Records.
2. The National Center for
Judicial Records shall compile and archive judicial records in the following
cases:
a/ It is impossible to identify
places of permanent or temporary residence of convicts;
b/ Convicts have been extradited
for judgment enforcement or transferred for execution of an imprisonment
penalty in Vietnam;
c/ It has received copies of
excerpts of judgments or excerpts of previous criminal convictions of
Vietnamese citizens from the Supreme People's Procuracy under Article 17 of
this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A judicial record shall be
compiled for each convict with the following details:
a/ Full name, sex, date and
place of birth, nationality, place of residence, serial number of the identity
card or passport of this convict, and full names of his/her parents and spouse;
b/ Date of judgment
pronouncement, serial number of the judgment, the court which has pronounced
the judgment, the crime and applicable article(s) and clause(s) of law,
principal and additional penalties, civil obligation in the criminal judgment,
court fee, and state of judgment enforcement.
5. In case a person has been
convicted of more than one crime and his/her penalties have been summed up
under the Penal Code, his/her judicial record must clearly indicate each crime
he/she had committed, applicable article(s) and clause(s) of law and common
penalty for these crimes.
Article 27.
Updating of judicial record information on previous criminal convictions in
case of exemption from penalty execution, reduction of the penalty execution
duration, postponement of imprisonment penalty execution or suspension of
imprisonment penalty execution
In case the judicial record of a
person has been compiled but later a court issues a ruling on exemption from
penalty execution, reduction of the penalty execution duration, postponement of
imprisonment penalty execution or suspension of imprisonment penalty execution,
the provincial-level Justice Department shall update this information in
his/her judicial record.
Article 28.
Updating of judicial record information on previous criminal convictions in
case of cassation or reopening trial
1. A cassation or reopening
ruling which accepts no protest and upholds the legally effective judgment or
ruling shall be recorded by the provincial-level Justice Department in the
judicial record.
2. For a cassation or reopening
ruling which quashes the legally effective judgment or ruling, the provincial-level
Justice Department shall update judicial record information as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ In case the judicial record
has been compiled on the basis of more than one judgment or ruling, information
on the quashed judgment or ruling in the judicial record shall be deleted.
Article 29.
Updating of judicial record information in subsequent judgments
In case a person is convicted
under another judgment after his/her judicial record has been compiled, the
provincial-level Justice Department shall add information in the subsequent
judgment in his/her judicial record.
Article 30.
Updating of judicial record information in case of completed execution of
judgments or special reprieve or amnesty
1. Upon receiving a certificate
of completed execution of non-custodial reform or suspended imprisonment
penalty and additional penalties; a ruling on termination of judgment
enforcement; a written notice of judgment enforcement completion in case a
convict has fulfilled his/her obligation, the provincial-level Justice
Department shall record contents of that certificate, ruling or written notice
in his/her judicial record.
2. Upon receiving a certificate
of completed execution of an imprisonment penalty by a convict, the National
Center for Judicial Records shall record contents of this certificate in
his/her judicial record. In case of special reprieve, the phrase “has completed
the execution of the imprisonment penalty under the special reprieve decision”
shall be written. In case of amnesty, the phrase "is exempted from the
penal liability under the amnesty decision" shall be written.
Article 31.
Updating of judicial record information in case of expulsion
In case a convict has executed
the expulsion penalty, the National Center for Judicial Records shall write the
phrase "has been expelled" in his/her judicial record.
Article 32.
Updating of judicial record information in case Vietnamese citizens are
convicted by foreign courts
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. In case a Vietnamese citizen
who has a judicial record and an excerpt of his/her judgment or previous
criminal conviction is supplied by a competent foreign authority, the National
Center for Judicial Records shall update such information under Article 29 of
this Law.
3. In case the National Center
for Judicial Records is notified of a foreign court ruling on penalty exemption
or commutation, or a foreign decision on special reprieve or amnesty for a
Vietnamese citizen convicted by that foreign court and currently executing an
imprisonment penalty in Vietnam, it shall record that ruling or decision in
this person's judicial record under Article 27 and Clause 2, Article 30 of this
Law.
Article 33.
Updating of judicial record information in case convicts have their previous
criminal convictions remitted
1. In case a convict has his/her
previous criminal conviction automatically remitted, information shall be
updated as follows:
a/ Upon receiving a certificate
of remission of previous criminal conviction from a court, it shall write the
phrase "has his/her previous criminal conviction remitted" in the
convict's judicial record;
b/ Upon verifying that the
convict fully satisfies the conditions for automatic remission of previous
criminal conviction under the Penal Code, it shall write the phrase "has
his/her previous criminal conviction remitted" in his/her judicial record.
2. In case a convict has his/her
previous criminal conviction remitted under a court ruling under the Penal Code
and the Criminal Procedure Code, the provincial-level Justice Department shall
write the phrase "has his/her previous criminal conviction remitted" in
his/her judicial record.
Article 34.
Updating of additional judicial record information
In case judicial records are
updated with information under Articles 27, 28 and 29; Clause 1, Article 30;
and Article 33 of this Law, provincial-level Justice Departments shall send
this information to the National Center for Judicial Records within 5 working
days after completion of the information updating. The National Center for
Judicial Records shall update additional information in the judicial record
database right after receiving it.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 35.
Processing of judicial record information when a crime is abolished
In case a person has been
convicted of a crime which is abolished under the Penal Code, information on
such crime shall be deleted from this person's judicial record.
Section 3.
INFORMATION ON BAN ON HOLDING OF CERTAIN POSTS, ESTABLISHMENT OR MANAGEMENT OF
ENTERPRISES OR COOPERATIVES UNDER RULINGS ON BANKRUPTCY DECLARATION
Article 36.
Sources of judicial record information on ban on holding of certain posts,
establishment or management of enterprises or cooperatives
Judicial record information on
ban on holding of certain posts, establishment or management of enterprises or
cooperatives shall be taken from legally effective court rulings on bankruptcy
declaration under the Law on Bankruptcy.
Article 37.
Provision and receipt of judicial record information on ban on holding of
certain posts, establishment or management of enterprises or cooperatives
1. The court which has issued a
ruling declaring indicating the ban on an enterprise or cooperative bankrupt
shall, within 10 days after the ruling takes legal effects, send an excerpt of
this ruling, indicating the ban on concerned individual(s) from holding certain
posts, establishing or managing enterprises or cooperatives, to the
provincial-level Justice Department in the locality where it is headquartered.
2. An excerpt of a ruling on
bankruptcy declaration contains the following details:
a/ Full name, sex. date and
place of birth, nationality, place of permanent or temporary residence of the
person banned from holding certain posts, establishing or managing enterprises
or cooperatives;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Provincial-level Justice
Departments shall receive judicial record information on ban on holding of
certain posts, establishment or management of enterprises or cooperatives
provided by courts.
In case a person banned from
holding certain posts or establishing or managing enterprises or cooperatives
permanently resides in another province or centrally run city, the
provincial-level Justice Department shall send this person's judicial record
information to the provincial-level Justice Department in the locality where
he/she permanently resides within 10 days after receiving the information. In
case it is impossible to identify his/her place of permanent residence, it
shall send judicial record information to the provincial-level Justice
Department in the locality where he/she temporarily resides.
The receipt of judicial record
information on ban on holding of certain posts, establishment or management of
enterprises or cooperatives shall be recorded in receipt books made according
to a form set by the Minister of Justice.
Article 38.
Compilation of judicial records and updating of information on ban on holding
of certain posts, establishment or management of enterprises or cooperatives
1. In case a person banned from
holding certain posts or establishing or managing enterprises or cooperatives
has no judicial record, the provincial-level Justice Department in the locality
where he/she permanently or temporarily resides shall compile a judicial record
on the basis of a court ruling on bankruptcy declaration with details specified
in Clause 2, Article 37 of this Law.
A judicial record shall be made
in 2 copies, one to be managed by the provincial-level Justice Department and
the other transferred to the National Center for Judicial Records.
2. In case a person banned by a
court from holding certain posts, establishing or managing enterprises or
cooperatives under a ruling on bankruptcy declaration already has a judicial
record, the provincial-level Justice Department shall record in his/her
judicial record the court ruling and send such information to the National
Center for Judicial Records. The updating of additional information complies
with Article 34 of this Law.
Article 39.
Processing of judicial record information upon expiration of the duration of
the ban on establishment or management of enterprises or cooperatives
Information on the ban on a
person from establishing or managing enterprises or cooperatives will be
deleted from his/her judicial record upon expiration of the ban duration under
the court ruling on bankruptcy declaration.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Judicial record information on
the ban on holding of certain posts or establishment or management of
enterprises or cooperatives shall be send directly or via mail, the Internet or
computer network.
Chapter IV
ISSUANCE OF JUDICIAL
RECORD CARDS
Section 1.
JUDICIAL RECORD CARDS
Article 41.
Judicial record cards
1. Judicial record cards
include:
a/ Judicial record card No. 1,
which shall be issued to individuals, agencies and organizations specified in
Clauses 1 and 3. Article 7 of this Law;
b/ Judicial record card No. 2,
which shall be issued to procedure-conducting agencies specified in Clause 2,
Article 7 of this Law and at the request of individuals who want to know their
judicial records.
2. The Minister of Justice shall
set forms of judicial record cards.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Full name, sex, date and
place of birth, nationality, place of residence, serial number of the identity
card or passport of the person to whom the judicial record card is issued.
2. Previous criminal conviction:
a/ For an unconvicted person,
the words "no previous criminal conviction" shall be written. For a
convict who has insufficient conditions for remission of his/her previous criminal
convictions, the words "with a previous criminal conviction." the
committed crime, principal and additional penalties shall be written;
b/ For a person whose previous
criminal conviction has been remitted and for whom information on remission of
previous criminal conviction has been updated in his/her judicial records, the
words "no previous criminal conviction" shall be written;
c/ For a person eligible for
amnesty and for whom information on amnesty has been updated in his/her
judicial record, the words "no previous criminal conviction" shall be
written.
3. Information on the ban on
holding of certain posts or establishment or management of enterprises or
cooperatives:
a/ For a person not banned from
holding certain posts, establishing or managing enterprises or cooperatives
under a ruling on bankruptcy declaration, the words "not banned from
holding certain posts, establishing or managing enterprises or
cooperatives" shall be written;
b/ For a person banned from
holding certain posts, establishing or managing enterprises or cooperatives
under a ruling on bankruptcy declaration, posts subject to the ban and the
duration of the ban on establishment or management of enterprises or
cooperatives" shall be written.
In case individuals, agencies or
organizations make no request, details specified in this Clause will not be
written in judicial record cards.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Full name, sex, date and
place of birth, nationality, place of residence, serial number of the identity
card or passport of the person to whom the judicial record card is issued, and
full names of his/her parents and spouse.
2. Previous criminal conviction:
a/ For an unconvicted person,
the words "no previous criminal conviction" shall be written.
b/ For a convict, his/her
remitted previous criminal conviction, time of remission, previous criminal
conviction not yet remitted, date of judgment pronouncement, serial number of
the judgment, the court which has pronounced the judgment, crime, applicable
article(s) and clause(s) of law, principal and additional penalties, civil
obligation in the criminal judgment, court fee, and state of judgment
enforcement.
In case a person is convicted
under different judgments, information on his/her previous criminal convictions
shall be written in the temporal order.
3. Information on the ban on
holding of certain posts or establishment or management of enterprises or
cooperatives:
a/ For a person not banned from
holding certain posts, establishing or managing enterprises or cooperatives
under a ruling on bankruptcy declaration, the words "not banned from
holding certain posts, establishing or managing enterprises or
cooperatives" shall be written;
b/ For a person banned from
holding certain posts, establishing or managing enterprises or cooperatives
under a ruling on bankruptcy declaration, posts subject to the ban and the
duration of the ban on establishment or management of enterprises or
cooperatives shall be written.
Section 2.
ISSUANCE OF JUDICIAL RECORD CARDS
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The National Center for
Judicial Records shall issue judicial record cards to the following persons:
a/ Vietnamese citizens whose
places of permanent or temporary residence are unidentifiable;
b/ Foreigners who resided in
Vietnam.
2. Provincial-level Justice
Departments shall issue judicial record cards to the following persons:
a/ Vietnamese citizens
permanently or temporarily residing in Vietnam;
b/ Vietnamese citizens currently
residing overseas;
c/ Foreigners currently residing
in Vietnam.
3. The Director of the National
Center for Judicial Records, directors of provincial-level Justice Departments
or their authorized persons shall sign judicial record cards and take
responsibility for their contents.
When necessary, the National
Center for Judicial Records and provincial-level Justice Departments shall
verify the conditions on automatic remission of previous criminal convictions
upon issuance of judicial record cards.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 45.
Procedures for requesting the issuance of judicial record card No. 1
1. A requester for a judicial
record card shall submit a declaration requesting the issuance thereof enclosed
with the following papers:
a/ A copy of the identity card
or passport of the person requested to be issued a judicial record card;
b/ A copy of the household
registration book or certificate of permanent or temporary residence of the
person requested to be issued a judicial record card.
2. Individuals shall submit
declarations requesting the issuance of judicial record cards and enclosed
papers to the following agencies:
a/ Vietnamese citizens shall submit
their declarations to provincial-level Justice Departments in localities where
they permanently reside. In case they have no place of permanent residence,
they shall submit such a declaration to the provincial-level Justice Department
in the locality where the requester temporarily resides. A requester residing
overseas shall submit such a declaration to the provincial-level Justice
Department in the locality where he/she resided before his/her departure;
b/ Foreigners residing in
Vietnam shall submit their declarations to provincial-level Justice Departments
in localities where they reside. In case they have left Vietnam, their
declarations shall be submitted to the National Center for Judicial Records.
3. Individuals may authorize
other persons to carry out procedures for requesting the issuance of judicial
record cards. The authorization must be established in writing under law. In
case a requester for a judicial record card is a parent, spouse or child of the
person requested to be issued a judicial record card, no written authorization
is required.
4. When requesting the issuance
of judicial record cards, agencies and organizations specified in Clause 3,
Article 7 of this Article shall send written requests to provincial-level
Justice Departments in localities where persons requested to be issued judicial
record cards permanently or temporarily reside. In case it is impossible to
identify places of permanent or temporary residence of persons requested to be
issued judicial record cards, written requests shall be sent to the National
Center for Judicial Records. A written request must clearly indicate the
address of the requesting agency or organization, the purpose of use of the
judicial record card and information on the person requested to be issued a
judicial record card under Clause 1, Article 42 of this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 46.
Procedures for requesting the issuance of judicial record cards No. 2
1. Procedure-conducting agencies
specified in Clause 2, Article 7 of this Law which request the issuance of
judicial record cards shall send their written requests to provincial-level
Justice Departments in localities where persons requested to be issued judicial
record cards permanently or temporarily reside. In case it is impossible to
identify places of permanent or temporary residence of persons requested to be
issued judicial record cards or these persons are foreigners residing in
Vietnam, written requests shall be sent to the National Center for Judicial
Records. Written requests must clearly indicate information on persons
requested to be issued judicial record cards under Clause 1, Article 43 of this
Law.
In case of emergency, competent
persons of procedure-conducting agencies may request the issuance of judicial
record cards by telephone, fax or otherwise and shall send written requests
within 2 working days after requesting the issuance of judicial record cards.
2. Procedures for issuance of
judicial record cards No. 2 to individuals comply with Clauses and 2, Article
45 of this Law. Individuals who request the issuance of a judicial record card
No, may not authorize others to carry out procedures for such request.
Article 47.
Search for information for issuance of judicial record card
1. In case a person requested to
be issued a judicial record card has only one place of permanent residence in a
province or centrally run city since he/she was full 14 years or older, his/her
judicial record information shall be searched at the provincial-level Justice
Department in the locality where he/she permanently resides.
2. In case a person requested to
be issued a judicial record card has resided in more than one province or
centrally run city since he/she was full 14 years or older, his/her judicial
record information shall be searched at the provincial-level Justice Department
which has received the written request and the National Center for Judicial
Records.
3. In case a person requested to
be issued a judicial record card is a Vietnamese citizen who once resided
overseas or a foreigner, his/her judicial record information shall be searched
at the provincial-level Justice Department which has received the written
request and the National Center for Judicial Records.
4. In case it is impossible to
identify the place of permanent or temporary residence of a person requested to
be issued a judicial record card, his/her judicial record information shall be
searched at the National Center for Judicial Records.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The time limit for issuance
of a judicial record card is 10 days after the receipt of a valid request. In
case a person requested to be issued a judicial record card is a Vietnamese
citizen who has resided in different localities or once resided overseas, or a
foreigner specified in Clauses 2 and 3. Article 47 of this Law, and in case of
necessity to verify the conditions on automatic remission of previous criminal
convictions specified in Clause 3, Article 44 of this Law, the time limit is 15
days.
2. In case of emergency
specified in Clause 1, Article 46 of this Law, the time limit is 24 hours after
the receipt of a request.
Article 49.
Refusal to issue judicial record cards
Judicial record database-managing
agencies may refuse to issue judicial record cards in the following cases:
1. The issuance of judicial
record cards falls beyond their competence;
2. Requesters of issuance of
judicial record cards for other persons fail to satisfy the conditions
specified in Article 7 and Clause 3. Article 45 of this Law;
3. Papers enclosed with
declarations requesting judicial record cards are insufficient or forged.
In case of refusal to issue a
judicial record card, a written notice thereof shall be made, clearly stating
the reason.
Article 50.
Supplementation, correction, withdrawal or revocation of judicial record cards
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter V
HANDLING OF VIOLATIONS
AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS ABOUT JUDICIAL RECORDS
Article 51.
Handling of violations
1. Persons competent to manage
judicial records who violate the provisions of this Law shall, depending on the
nature and severity of their violations, be disciplined or examined for penal
liability. If causing damage, they shall pay compensations under law.
2. Persons who violate the
provisions of this Law shall, depending on the nature and severity of their
violations, be administratively sanctioned or examined for penal liability. If
causing damage, they shall pay compensations under law.
Article 52.
Right to lodge complaints
1. Individuals, agencies and
organizations requesting the issuance of judicial record cards may lodge
complaints in the following cases:
a/ They have grounds to believe
that the refusal to issue a judicial record card is unlawful or the issuance of
a judicial record card beyond the prescribed time limit infringes upon their
legitimate rights and interests:
b/ They have grounds to believe
that the issued judicial record card has inaccurate details, infringing upon
their legitimate rights and interests.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The statute of limitations for
lodging a second-time complaint is 30 days after receiving a competent person's
decision on complaint settlement.
Article 53.
Competence to settle complaints
1. Directors of provincial-level
Justice Departments are competent to settle complaints about their acts
specified in Clause 1, Article 52 of this Law. Complainants who disagree with
complaint settlement decisions of directors of provincial-level Justice
Departments may further lodge complaints with chairpersons of provincial-level
People's Committees or institute administrative lawsuits at courts.
2. The Director of the National
Center for Judicial Records is competent to settle complaints about his/her
acts specified in Clause 1, Article 52 of this Law. Complainants who disagree
with complaint settlement decisions of the Director of the National Center for
Judicial Records may further lodge complaints with the Minister of Justice or
institute administrative lawsuits at courts.
3. In case complainants disagree
with complaint settlement decisions of chairpersons of provincial-level
People's Committees or the Minister of Justice, or if their complaints are not
settled by these persons upon the expiration of the time limit for complaint
settlement, they may institute administrative lawsuits at courts.
4. The director of a
provincial-level Justice Department or the Director of the National Center for
Judicial Records shall settle a complaint within 15 days after receiving it.
The chairperson of a
provincial-level People's Committee or the Minister of Justice shall settle a
complaint within 30 days after receiving it.
Article 54.
Denunciations
Citizens have the right to denounce
to competent agencies, organizations or individuals illegal acts of competent
persons in managing judicial records, causing damage or threatening to cause
damage to the State's interests, legitimate rights and interests of citizens,
agencies or organizations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter VI
IMPLEMENTATION
PROVISIONS
Article 55.
Effect
This Law takes effect on July 1,
2010, Article 56. Transitional provisions
1. Judicial record information on
previous criminal convictions or ban on holding of certain posts or
establishment or management of enterprises or cooperatives available before the
effective date of this Law must be provided by courts, procuracies, civil
judgment enforcement agencies and competent agencies of the Ministry of Public
Security and the Ministry of National Defense to the National Center for
Judicial Records or provincial-level Justice Departments to serve the issuance
of judicial record cards.
2. The Ministry of Justice shall
coordinate with the Supreme People's Court, the Supreme People's Procuracy, the
Ministry of Public Security and the Ministry of National Defense in organizing
the sharing and provision of judicial record information on previous criminal
convictions or ban on holding of certain posts or establishment or management
of enterprises or cooperatives available before the effective date of this Law
for the development of judicial record databases.
3. The Government shall
coordinate with the Supreme People's Court and the Supreme People's Procuracy
in guiding procedures for searching, sharing or providing judicial record
information specified in Clauses 1 and 2 of this Article.
Article 57.
Implementation detailing and guidance
The Government, the Supreme
Peoples Court and the Supreme People's Procuracy shall, within the ambit of
their tasks and powers, detail and guide the implementation of this Law's
articles and clauses assigned to them, and guide other necessary contents of
this Law to meet state management requirements.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong