VIETNAM LAW ON JUDICIAL RECORDS

Foreigners whom are working in Vietnam are suggested to apply and obtain crimial record card in Vietnam (or police check)before leaving the country as he/she might need it in the future for job application, immigration purposes, or marriages.

Once left the country, he/she could still apply for judicial record card in Vietnam however the process will be longer and more complex.  In such cases, our lawyer in law firm in Hanoi or law firm in Ho Chi Minh City could assist to represent and apply for criminal record card in Vietnam on behalf of the client.  The law on judicial records are provided below for client’s reference.  The Vietnam law on judicial records provides the order of and procedures for provision, receipt and updateing of judicial or criminal record information, compilation of judicial or criminal records, and the issuance of judicial records or criminal records card in Vietnam.

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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.

Article 2. Interpretation of terms

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.

3. Supporting criminal proceedings and the making of judicial statistics on crimes.

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.

Article 6. Responsibility to provide judicial record information

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.

4. Erasing, modifying or forging judicial record cards.

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;

d/ To assure physical foundations and working facilities for the National Center for Judicial Records:

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-levelagencies 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;

b/ To assure state payroll, physical foundations and working facilities for the management of judicial records in their localities:

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

1. A judicial record database means a collection of judicial record information on previous criminal convictions and ban from holding certain posts, establishing or managing enterprises or cooperatives, which is updated and processed under this Law.
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 organiza¬tion 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.
7. To provide judicial record information on foreigners convicted by Vietnamese courts at the request of the Supreme People’s Procuracy.
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.
Only competent persons may access and exploit judicial record databases.
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;
4. Rulings on exemption from serving penalties;
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;
14. Rulings on remission of previous criminal conviction;
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.