Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP guides the procedures and formalities for searching, verifying, exchanging, and providing criminal record information.

JOINT CIRCULAR

Guidelines on the procedures for searching, verifying, exchanging, and providing criminal record information

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Pursuant to the Criminal Record Law dated June 17, 2009;

Considering the proposal of the Inspectorate Chief of the Ministry,

Pursuant to the Civil Enforcement Law on November 14, 2008;

Pursuant to Decree No. 111/2010/NĐ-CP dated November 23, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Criminal Records;

The Ministry of Justice, the Supreme People's Court, the Supreme Procuratorate, the Ministry of Public Security, and the Ministry of National Defense hereby provide guidelines on the procedures for searching, verifying, exchanging, and providing criminal record information as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. These joint circulars guide the procedures for searching, verifying, exchanging, and providing criminal record information to issue Criminal Record Certificates; providing criminal record information to build criminal record databases; and coordinating to provide, verify, and review criminal record information.

2. These joint circulars apply to the National Criminal Record Center under the Ministry of Justice, provincial Departments of Justice (hereinafter referred to as Department of Justice), civil enforcement agencies, relevant agencies under the People's Courts, Procuratorates, Public Security Organs, and Military Organs; People's Committees of communes, wards, and towns (hereinafter referred to as People's Committee at commune level) and other individuals, agencies, and organizations related to searching, verifying, exchanging, and providing criminal record information.

Article 2. Units responsible for searching, verifying, and providing criminal record information

1. Units responsible for providing criminal record information at the People's Courts:

a) The Supreme People's Court assigns the Circuit Courts and the Secretariat of the Supreme People's Court to perform the task of providing criminal record information;

b) The People's Court of provinces and centrally-administered cities (hereinafter referred to as Provincial People's Court) assigns the unit responsible for serving criminal judgments to perform the task of providing criminal record information;

c) The People's Court of districts, urban districts, and towns within provinces (hereinafter referred to as District People's Court) assigns the staff responsible for serving criminal judgments to perform the task of providing criminal record information.

2. Units responsible for providing criminal record information at the Procuratorates:

a) The Supreme Procuratorate assigns the International Cooperation Department and the Prosecution and Supervision of Criminal Trials Department to perform the task of providing criminal record information.

b) The Procuratorate of provinces and centrally-administered cities (hereinafter referred to as Provincial Procuratorate) assigns the Office to perform the task of providing criminal record information.

3. Units responsible for searching, verifying, and providing criminal record information regarding criminal records at public security organs:

a) The Police File Department under the Ministry of Public Security and the Police File Department of provincial public security organs perform the task of searching, verifying, and providing information prior to July 1, 2010, to issue Criminal Record Certificates;

b) Wardens of prisons, wardens of detention centers, and the Criminal Enforcement and Legal Assistance Police Department of provincial public security organs provide certificates confirming completion of imprisonment sentences, certificates of amnesty, and general amnesty from July 1, 2010;

c) The Criminal Enforcement and Legal Assistance Supervision Department provides notifications regarding decisions to accept transfers of persons serving prison sentences from abroad to Vietnam; decisions to transfer persons serving prison sentences in Vietnam to foreign countries; notifications regarding decisions of amnesty, general amnesty, reduction, or exemption of sentences made by transferring countries for persons serving prison sentences transferred from abroad to Vietnam;

d) The Criminal Enforcement and Legal Assistance Police Department of provincial public security organs provide notifications regarding the enforcement of deportation sentences;

đ) County-level public security organs (Criminal Enforcement and Legal Assistance Units) provide certificates confirming completion of suspended sentence probation periods, non-custodial punishment periods, residence prohibition periods, house arrest periods, deprivation of certain citizen rights periods, and prohibitions on holding certain positions or engaging in certain professions from July 1, 2010.

4. The Central Military Court performs the task of providing criminal record information of persons sentenced by military courts.

5. Units responsible for providing criminal record information at civil enforcement agencies:

a) The Civil Enforcement Bureau of provinces assigns the Office to perform the task of providing criminal record information;

b) The Civil Enforcement Sub-bureau of counties assigns one staff member to perform the task of providing criminal record information.

Article 3. Forms and methods of providing criminal record information

1. Criminal record information shall be sent in one of the following forms:

a) Extract from the criminal judgment according to the model issued together with this Circular (hereinafter referred to as extract from the criminal judgment) or original or copy of the judgment;

b) Original or copy of the decision, certificate, confirmation letter, notification document;

c) Formatted PDF document (with signature and stamp) in cases where it is provided through computer network. The provision of information through computer network must ensure the confidentiality, security, and accuracy of the information;

d) For criminal record information prior to July 1, 2010, in addition to the forms specified in points b and c of this clause, it may also be sent in the form of a reply letter.

2. Criminal record information shall be sent by one of the following methods: directly, by post, or through computer network, specifically:

a) In cases where criminal record information is sent directly, the receiving department shall be responsible for receiving, processing the registration procedure between the receiving party and the sending party. After completing the registration procedure, the receiving staff shall be responsible for registering the incoming document book, clearly recording the date of receipt, document code, document name, information-providing agency, signing and clearly recording their full name. The date of signing the document is the date when the National Criminal Record Center, Department of Justice receives the criminal record information;

b) In cases where criminal record information is sent by post, the receiving department must enter the incoming document book, clearly recording the date of receipt, document code, document name, information-providing agency, signing and clearly recording their full name. The date of receipt of the document according to the postmark is the date when the National Criminal Record Center, Department of Justice receives the criminal record information;

c) In cases where criminal record information is provided through computer network, relevant agencies must notify the National Criminal Record Center, Department of Justice of the official email address of their agency or of the unit responsible for providing criminal record information. The National Criminal Record Center, Department of Justice has the responsibility to provide the official email address of the receiving unit. Provision of information through computer network can only be carried out after the National Criminal Record Center, Department of Justice notifies relevant agencies of the official email address of the receiving unit.

After receiving the information, the receiving department shall be responsible for entering the incoming document book, clearly recording the date of receipt, document code, document name, information-providing agency, signing the book and notifying the agency or unit that provided the information.

Chapter II

PROVISION OF CRIMINAL RECORD INFORMATION FOR BUILDING THE CRIMINAL RECORD DATABASE

Section 1

PROVISION OF INFORMATION PRIOR TO JULY 1, 2010

Article 4. Cases of requesting provision of criminal record information on criminal records

1. In cases where additional information about the crime, applicable legal provisions, principal punishment, supplementary punishment, civil obligations in the criminal judgment, and the status of enforcement of the person who was sentenced by a Vietnamese court with an effective judgment before July 1, 2010 is required to establish the criminal record of that person in accordance with Clause 1, Article 26 of the Criminal Record Law, Clause 2, Clause 3, Article 8, Article 11, and Article 12 of Decree No. 111/2010/ND-CP dated November 23, 2010 of the Government detailing and guiding the implementation of certain provisions of the Criminal Record Law (hereinafter referred to as Decree No. 111/2010/ND-CP), the Department of Justice shall request the following agencies and units to search, verify, and provide criminal record information, specifically as follows:

a) The court that tried the first instance case provides the first-instance judgment that has become legally binding; in cases where the case was tried under appeal proceedings, the court that tried the appeal provides the appeal judgment and the first-instance judgment; in cases where the judgment was reviewed under cassation or retrial proceedings, the Secretariat of the Supreme People's Court provides the cassation or retrial decision;

b) The court that issued the decision on the execution of criminal sentences provides the decision on the execution of criminal sentences;

c) The court that issued the certificate of amnesty in cases of suspension or temporary cessation of serving custodial sentences provides information on amnesty;

d) The Provincial Public Security Department's Criminal Enforcement and Judicial Support Division implements the provision of information on the execution of deportation penalties;

đ) The Civil Enforcement Office of the Provincial Civil Enforcement Bureau, the Civil Enforcement Sub-office of the District Civil Enforcement Bureau that issued decisions on the execution of fines, confiscation of assets, court fees, and other civil obligations in the criminal judgment; decisions to suspend the execution of the judgment; certificates of results of enforcement; documents announcing the completion of enforcement related to the civil part of the criminal judgment provide information on the execution of fines, confiscation of assets, court fees, and other civil obligations, information on suspending the execution of the judgment, and the results of enforcement of the person sentenced;

e) The People's Committee of the commune, the agency, or organization that issued certificates confirming the completion of non-custodial reform sentences, suspended sentences, prohibition from holding positions, prohibition from practicing a profession or performing specific work, prohibition from residing, control, deprivation of certain rights of citizens provide information on the completion of non-custodial reform sentences, suspended sentences, and these supplementary punishments;

g) The Central Military Court provides criminal record information of persons sentenced by military courts.

2. In cases where additional information is needed to establish the criminal record of a person who was sentenced but whose place of permanent residence or temporary residence cannot be determined in accordance with point a, Clause 2, Article 26 of the Criminal Record Law, Clause 2, Clause 3, Article 8, Article 11, and Article 12 of Decree No. 111/2010/ND-CP, the National Criminal Record Center shall request the relevant agencies and units to provide information in accordance with Clause 1 of this Article.

Article 5. Provision of criminal record information related to criminal judgments, supervisory review decisions, retrial decisions, and criminal enforcement decisions

Within fifteen working days from the date of receipt of the request for provision of criminal record information, the Court shall send the criminal record information to the National Criminal Record Center or the Department of Justice that made the request, specifically as follows:

1. The Court that has rendered the first-instance judgment or the Court that has rendered the appellate judgment shall be responsible for sending the criminal judgment or the extract of the criminal judgment.

2. The Secretariat of the Supreme People's Court shall be responsible for sending supervisory review decisions and retrial decisions.

3. The Court that has issued the criminal enforcement decision shall be responsible for sending the criminal enforcement decision.

Article 6. Provision of criminal record information related to amnesty

The Court that has issued the certificate of amnesty in cases where the convicted person is granted a suspension or temporary cessation of serving the custodial sentence shall be responsible for providing information about the amnesty to the National Criminal Record Center or the Department of Justice that made the request.

Article 7. Provision of criminal record information related to the enforcement of deportation penalties

The Provincial Public Security Investigation and Enforcement Office shall be responsible for providing information about the enforcement of deportation penalties to the National Criminal Record Center or the Department of Justice that made the request.

Article 8. Provision of criminal record information related to civil enforcement

The Provincial Civil Enforcement Agency, the District Civil Enforcement Agency that has issued the decision on the enforcement of fines, confiscation of assets, court fees, and other civil obligations of the convicted person in the criminal judgment; the decision to suspend enforcement; the issuance of a certificate of enforcement results; the notification document regarding the completion of enforcement related to the civil part of the criminal judgment shall be responsible for providing information about the enforcement of fines, confiscation of assets, court fees, and other civil obligations, information about the suspension of enforcement, and the enforcement results of the convicted person to the National Criminal Record Center or the Department of Justice that made the request.

Article 9. Provision of criminal record information related to the completion of non-custodial correctional sentences, suspended sentences, and additional penalties

The People's Committee of the commune, the agency, or organization that has issued the certificate of completion of non-custodial correctional sentences, suspended sentences, prohibition from holding positions, prohibition from practicing a profession or performing certain work, prohibition from residing, probation, deprivation of some rights of citizens shall be responsible for providing information about the completion of non-custodial correctional sentences, suspended sentences, prohibition from holding positions, prohibition from practicing a profession or performing certain work, prohibition from residing, probation, and deprivation of some rights of citizens to the National Criminal Record Center or the Department of Justice that made the request.

Article 10. Provision of criminal record information of persons sentenced by Military Courts

The Central Military Court shall be responsible for providing criminal record information of persons sentenced by Military Courts to the National Criminal Record Center or the Department of Justice that made the request.

Article 11. Provision of criminal record information concerning prohibition from holding positions, establishment, and management of enterprises, cooperatives

The Court that has issued the bankruptcy declaration decision for an enterprise or cooperative which includes the prohibition of individuals from holding positions, establishing, or managing enterprises or cooperatives shall be responsible for sending the effective bankruptcy declaration decision of the enterprise or cooperative to the Department of Justice where the Court is located.

Article 12. Time limit for providing criminal record information

The time limit for providing criminal record information as prescribed in Articles 6 to 11 of this Joint Circular is ten working days from the date that agencies and organizations receive the request for information from the National Criminal Record Center or the Department of Justice.

Section 2

PROVISION OF CRIMINAL RECORD INFORMATION FROM JULY 1, 2010

Article 13. Criminal record information on criminal records provided by the Court

1. The court that has adjudicated the first instance case shall provide the Department of Justice where such court is located with a copy of the criminal judgment or the criminal judgment that has taken legal effect; in cases where the case is tried under appellate procedure, the court that has adjudicated the appeal shall provide the Department of Justice where such court is located with the appellate judgment along with the first-instance judgment.

2. In cases where a criminal judgment or decision that has taken legal effect is reviewed under cassation or revision procedures, the Secretariat of the Supreme People's Court shall be responsible for sending the cassation or revision decision to the Department of Justice where such court is located.

3. Courts issuing the following decisions shall be responsible for sending those decisions to the Department of Justice where such court is located:

a) Decisions on enforcement of imprisonment sentences, suspended sentences, non-custodial sentences in cases where the convicted person must serve the imprisonment sentence, suspended sentence, or non-custodial sentence;

b) Decisions on enforcement of deportation sentences in cases where the convicted person must serve the deportation sentence;

c) Decisions on postponing the execution of imprisonment sentences in cases where the convicted person must serve the imprisonment sentence but the execution is postponed;

d) Decisions on temporarily suspending the execution of imprisonment sentences in cases where the convicted person is serving the imprisonment sentence but the execution is temporarily suspended;

đ) Decisions on exempting the execution of fixed-term imprisonment sentences, non-custodial sentences in cases where the convicted person is exempted from executing the fixed-term imprisonment sentence or non-custodial sentence;

e) Decisions on exempting the execution of residence prohibition sentences, control sentences in cases where the convicted person is exempted from executing the residence prohibition sentence or control sentence;

g) Decisions on reducing the execution of imprisonment sentences, non-custodial sentences in cases where the convicted person is granted a reduction in the execution of the imprisonment sentence or non-custodial sentence;

h) Decisions on shortening the probation period of suspended sentences in cases where the convicted person is granted a shortened probation period of the suspended sentence;

i) Decisions on terminating the execution of imprisonment sentences in cases where the convicted person dies while serving the imprisonment sentence;

k) Decisions on terminating the execution of sentences in cases where the person whose execution of the sentence was temporarily suspended dies;

l) Decisions on exempting or reducing the obligation to execute sentences involving payment to the state budget in cases where the convicted person is exempted or reduced in the obligation to execute sentences involving payment to the state budget.

4. Courts issuing certificates of amnesty in cases where the convicted person is granted a postponement or temporary suspension of the execution of the imprisonment sentence shall be responsible for sending those certificates to the Department of Justice where such court is located.

5. Courts issuing decisions to erase criminal records or issuing certificates of erasure of criminal records shall be responsible for sending those decisions or certificates to the Department of Justice where such court is located.

6. Courts issuing decisions on the execution of death sentences shall be responsible for sending those decisions to the Department of Justice where such court is located. In cases where the person sentenced to death is granted a commutation of the death sentence by the President of the State, the court that adjudicated the first instance case shall be responsible for sending that decision to the Department of Justice where such court is located.

7. Courts issuing decisions on accepting transfer, decisions on the execution of decisions on accepting transfer of persons serving imprisonment sentences abroad back to Vietnam shall be responsible for sending those decisions to the Department of Justice where such court is located.

8. Courts issuing decisions on transferring persons serving imprisonment sentences in Vietnam to foreign countries shall be responsible for sending those decisions to the Department of Justice where such court is located.

9. The time limit for sending copies of criminal judgments, criminal judgments, decisions, and certificates as prescribed in paragraphs 1 to 8 shall be implemented as follows:

a) The time limit for sending the documents prescribed in paragraph 1, paragraph 2, points i, k, l of paragraph 3, and paragraphs 4, 5, 7, and 8 of this Article is ten working days from the date the judgment or decision takes legal effect or from the date of receipt of the judgment or decision or from the date of issuance of the certificate.

For cases involving warnings, the time limit for sending copies of the judgment or the judgment is seven working days from the date the judgment takes legal effect;

b) The time limit for sending the decisions prescribed in points a, c, đ, e, g, h of paragraph 3 and in paragraph 6 of this Article is three working days from the date of issuance of the decision;

c) The decisions prescribed in points b, d of paragraph 3 of this Article shall be sent immediately upon issuance.

Article 14. Judicial record information on prohibition from holding positions, establishing, and managing enterprises and cooperatives provided by the Court

The Court that issues a decision declaring bankruptcy of an enterprise or cooperative, including the content prohibiting individuals from holding positions, establishing, and managing enterprises and cooperatives, shall send such decision or a copy thereof (in accordance with the model attached to this Circular) to the Department of Justice where the Court issuing the bankruptcy declaration has its headquarters within ten working days from the date the decision becomes legally effective.

Article 15. Judicial record information provided by the Prosecutor's Office

1. The International Cooperation Division of the Supreme People's Procuracy shall send to the National Judicial Record Center copies of judgments and criminal records of Vietnamese citizens provided by competent authorities of foreign countries within ten working days from the date of receipt of such copies.

2. The Implementation of Public Prosecution and Supervision of Criminal Trials Division of the Supreme People's Procuracy shall send to the National Judicial Record Center decisions temporarily suspending the execution of custodial sentences in cases of protest according to cassation or revision procedures within ten working days from the date of issuance of the decision.

3. Provincial People's Procuracies that issue decisions temporarily suspending the execution of custodial sentences in cases of protest according to cassation or revision procedures shall send such decisions to the Department of Justice where the Procuracy has its headquarters within ten working days from the date of issuance of the decision.

Article 16. Judicial record information on criminal records provided by the Police

1. Wardens of prisons, wardens of temporary detention centers, and the Criminal Enforcement and Legal Assistance Police Departments of provincial public security organs shall send to the National Judicial Record Center certificates of completion of custodial sentences, certificates of amnesty and general pardon within ten working days from the date of issuance of the certificates.

2. The Criminal Enforcement Monitoring and Legal Assistance Bureau shall send notifications regarding the implementation of decisions to receive and transfer persons serving custodial sentences from abroad to Vietnam, decisions to transfer persons serving custodial sentences in Vietnam to foreign countries, notifications regarding decisions of amnesty, general pardon, and reduction or commutation of sentences issued by the transferring country for persons serving custodial sentences to the National Judicial Record Center within ten working days from the date of implementation of the decision or from the date of receipt of the notification.

3. The Criminal Enforcement and Legal Assistance Police Departments of provincial public security organs shall send to the National Judicial Record Center notifications regarding the enforcement of deportation penalties within ten working days from the date of completion of the deportation penalty as stipulated in Clause 1, Article 101 of the Criminal Enforcement Law.

4. County-level police (Criminal Enforcement and Legal Assistance Units) shall provide the following information:

a) Certificates of completion of probation periods for suspended sentences and non-custodial corrective measures to the Department of Justice where the Court that issued the enforcement decision has its headquarters within ten working days from the date of issuance of the certificate as stipulated in Clause 3, Article 62, and Clause 3, Article 73 of the Criminal Enforcement Law;

b) Certificates of completion of residence bans, community service sentences, deprivation of certain civil rights, prohibitions from holding positions, practicing professions, or performing specific tasks to the Department of Justice where the county-level criminal enforcement organ has its headquarters within ten working days from the date of issuance of the certificate as stipulated in Clause 4, Article 82, Clause 3, Article 89, Clause 5, Article 103, and Clause 5, Article 107 of the Criminal Enforcement Law;

Article 17. Judicial records information provided by civil enforcement agencies

1. The Provincial Civil Enforcement Agency, the District Civil Enforcement Agency that has issued decisions to enforce monetary penalties, confiscation of assets, court fees, and other civil obligations of convicted persons in criminal judgments; decisions to suspend enforcement of judgments (if any); certificates of enforcement results (if any) shall be responsible for sending such decisions and certificates to the Department of Justice where the enforcement agency is located within ten working days from the date of issuance of the decision or issuance of the certificate.

2. In cases where the convicted person has fully performed the monetary penalty, asset confiscation, court fees, and other civil obligations in the criminal judgment, the Provincial Civil Enforcement Agency, the District Civil Enforcement Agency shall notify in writing (according to the model issued together with this Circular) the Department of Justice where the enforcement agency is located within ten working days from the date the convicted person has completed the civil obligations in the criminal judgment.

Article 18. Judicial records information of persons sentenced by Military Courts

1. The provision of judicial records information of convicted persons who are active military personnel, public officials, defense workers, reserve military personnel during concentrated training or combat readiness checks; civilian militia and self-defense forces cooperating with the military in combat and support activities, and those conscripted for military service under the direct management of military units as stipulated in Clause 1, Article 3 of Ordinance No. 04/2002/PL-UBTVQH dated November 4, 2002 on the organization of Military Courts (hereinafter referred to as Ordinance No. 04/2002/PL-UBTVQH) shall be implemented as follows:

a) In cases where the Military Court examines the case or issues a decision or receives a judgment, decision as prescribed in Clauses 1 and 2, Points a to d, Points g to l of Clause 3, and Clauses 4 to 6 of Article 13 of this Joint Circular, that court shall be responsible for sending the effective criminal judgment, decision, and certificate to the Central Military Court;

b) The Public Prosecutor who has issued a decision to temporarily suspend the execution of imprisonment sentences for retrial under the supervisory or re-trial procedure for persons previously tried by the Military Court shall be responsible for sending that decision to the Central Military Court;

c) The warden of the detention center, the warden of the temporary detention center under the Ministry of National Defense, the warden of the detention center, and the warden of the temporary detention center at the military region shall be responsible for sending to the Central Military Court certificates confirming completion of imprisonment sentences, certificates of amnesty and general pardon;

d) The military criminal enforcement agency at the military region shall be responsible for sending to the Central Military Court certificates confirming completion of non-custodial corrective measures, and certificates confirming completion of probation periods for suspended sentences;

đ) The enforcement office at the military region shall be responsible for sending to the Central Military Court decisions to enforce monetary penalties, confiscation of assets, court fees, and other civil obligations of convicted persons in criminal judgments; decisions to suspend enforcement of judgments (if any); certificates of enforcement results (if any). In cases where the convicted person has fully performed the monetary penalty, asset confiscation, court fees, and other civil obligations in the criminal judgment, the military criminal enforcement agency at the military region shall notify in writing (according to the model issued together with this Circular) the Central Military Court;

e) The deadline for sending extracts of criminal judgments, criminal judgments, decisions, and certificates as prescribed in Point a, Clause 1 of this Article shall be implemented according to Clause 9 of Article 13 of this Joint Circular.

The deadline for sending decisions and certificates as prescribed in Points b, c, d, đ, Clause 1 of this Article is ten working days from the date of issuance of the decision or issuance of the certificate or from the date the convicted person has completed the civil obligations in the criminal judgment;

g) After the convicted person has completed the sentence or been granted amnesty or general pardon and no longer serves in the military, the Central Military Court shall be responsible for sending all judicial records information of that person to the National Judicial Records Center within ten working days from the date the convicted person has completed the sentence or been granted amnesty or general pardon.

2. In cases where the person sentenced by the Military Court falls under the category prescribed in Clause 2, Article 3 of Ordinance No. 04/2002/PL-UBTVQH, the Central Military Court shall be responsible for sending all judicial records information of that person to the National Judicial Records Center within ten working days from the date it receives information provided by relevant agencies and units as prescribed in Clause 1 of this Article.

Chapter III

SEARCHING, VERIFICATION, AND PROVISION OF JUDICIAL RECORDS INFORMATION FOR ISSUANCE OF JUDICIAL RECORD CERTIFICATES

Article 19. Documents for Requesting a Criminal Record Certificate

Clause 1. The documents for requesting a Criminal Record Certificate include the papers prescribed in Clause 1 of Article 45 of the Criminal Record Law.

In case the person requesting a Criminal Record Certificate submits a copy of the Identity Card, passport, household registration book, temporary residence book, certificate of permanent or temporary residence, they must present the original for verification. If there is no original for verification, a certified copy must be submitted in accordance with the provisions of the law.

In case an individual authorizes another person (who is not their parent, spouse, or child) to handle the procedures for requesting a Criminal Record Certificate, they must have a power of attorney. The power of attorney must be notarized or certified in accordance with the provisions of the law. If the person granting the power of attorney is a foreign citizen who has left Vietnam, they must have a lawful power of attorney according to the regulations of the law of the country where that person is a citizen or resident, and it must be apostilled in accordance with the provisions of Vietnamese law and translated into Vietnamese.

Clause 2. The documents for requesting a Criminal Record Certificate shall be established in one set and submitted to the National Criminal Record Center or the Department of Justice in accordance with the provisions of Clause 2 of Article 45 of the Criminal Record Law.

Article 20. Searching and Verifying Information Before July 1, 2010 at Police Agencies

Clause 1. The Directorate of Police Files under the Ministry of Public Security and the Provincial Police File Room implement searching, verifying, and providing criminal record information about criminal records to issue a Criminal Record Certificate (in the form attached to this Joint Circular).

Upon receiving requests from the National Criminal Record Center, the Department of Justice, the Directorate of Police Files under the Ministry of Public Security, and the Provincial Police File Room where the convicted person has completed serving the sentence, been granted amnesty, or received a general pardon before July 1, 2010, to search and verify information about the completion of serving the sentence, being granted amnesty, or receiving a general pardon to establish the criminal record of the convicted person in accordance with Clause 2 of Article 9 of Decree No. 111/2010/NĐ-CP.

Clause 2. The transfer of the fee for issuing a Criminal Record Certificate retained by the National Criminal Record Center and the Department of Justice to the Police File Room agency to verify information to issue a Criminal Record Certificate shall be carried out in accordance with the provisions of Circular No. 174/2011/TT-BTC dated December 2, 2011 of the Ministry of Finance guiding the collection, payment, management, and use of fees for issuing a Criminal Record Certificate.

Article 21. Searching Information Before July 1, 2010 at Courts

Clause 1. In cases where the results of searching criminal record information from police agencies are still insufficient to conclude or the content regarding the criminal record status of the party is unclear or incomplete, the National Criminal Record Center or the Department of Justice sends a request letter to the court that initially tried the case or the appellate court related to the party to search the file to confirm whether the person receiving the Criminal Record Certificate has a criminal record or not.

In case the National Criminal Record Center or the Department of Justice conducts direct verification themselves, the direct verification must be recorded in a protocol in accordance with Point d of Clause 1 of Article 25 of this Joint Circular. In case the National Criminal Record Center or the Department of Justice sends a request letter to search information, the request letter must clearly state the information about the person receiving the Criminal Record Certificate including: name, gender, date of birth, place of birth, nationality, place of residence, ID number or passport number, names of parents, spouse, and information about the judgment related to the party (if any).

The search for information at the court in this case will be conducted immediately after receiving the results of the verification of information from the police agency.

Clause 2. The court that receives the request for information search shall conduct the file search and notify the result to the National Criminal Record Center or the Department of Justice that made the request within five working days from the date of receipt of the request letter for information search.

Article 22. Searching for criminal history information prior to July 1, 2010 at competent authorities under the Ministry of National Defense

1. Within one working day from the date of receiving complete files requesting issuance of a Criminal Record Certificate for those who were once officers, non-commissioned officers, soldiers, professional military personnel, or defense workers as stipulated in Article 27 of Decree No. 111/2010/NĐ-CP, the National Criminal Record Center or the Department of Justice shall send a request to the Central Military Court to search for information.

2. The Central Military Court shall notify the results of the information search to the National Criminal Record Center or the Department of Justice that made the request within seven working days from the date of receipt of the request for information search.

Article 23. Searching for criminal history information in the criminal record database

1. From July 1, 2010, searching for criminal history information shall be conducted in the criminal record database at the Department of Justice, the National Criminal Record Center as stipulated in Article 47 of the Criminal Record Law.

2. In cases where a person was sentenced by a court before July 1, 2010 but since July 1, 2010, the National Criminal Record Center or the Department of Justice has established a criminal record for that person according to Article 12 of Decree No. 111/2010/NĐ-CP, the information search shall be conducted in the criminal record database at the National Criminal Record Center or the Department of Justice to issue a Criminal Record Certificate for that person upon request.

Chapter IV

COORDINATION IN PROVIDING, VERIFYING, AND REVIEWING CRIMINAL HISTORY INFORMATION

Article 24. Coordination in providing information between the National Criminal Record Center, the Department of Justice, and other data management agencies

The coordination in providing information between the National Criminal Record Center, the Department of Justice, and other data management agencies as stipulated in Articles 5 and 16 of Decree No. 111/2010/NĐ-CP shall be carried out as follows:

1. During the process of updating criminal history information, if there are unclear or inaccurate points regarding personal information such as: surname, name, date of birth, ID number, place of residence, father's and mother's names, spouse's name, and other personal information of convicted persons, persons prohibited from holding positions, establishing, managing enterprises, or cooperatives, then the National Criminal Record Center or the Department of Justice shall send a letter to the agencies managing population databases, household registration, residency registration, and ID cards to verify and clarify, specifically as follows:

a) The agency managing the population database, the agency managing and registering household registration shall provide information on surname, name, date of birth, father's and mother's names, spouse's name, and other personal information of convicted persons, persons prohibited from holding positions, establishing, managing enterprises, or cooperatives.

In case there are discrepancies in the personal information of convicted persons, persons prohibited from holding positions, establishing, managing enterprises, or cooperatives, the National Criminal Record Center or the Department of Justice shall coordinate with the agency managing the population database, the agency managing and registering household registration to verify the accuracy of the information;

b) The agency registering household registration that has issued decisions allowing changes or corrections to household registration, issuing death certificates for individuals aged 14 and above shall provide information on changes or corrections to household registration and supporting documents;

c) The agency registering and managing residency; issuing and managing ID cards shall verify and provide information on the place of residence and ID number of convicted persons, persons prohibited from holding positions, establishing, managing enterprises, or cooperatives.

2. The agency managing the population database; the agency managing and registering household registration; the agency registering and managing residency; issuing and managing ID cards have the responsibility to verify and provide information to the National Criminal Record Center or the Department of Justice that made the request within ten working days from the date of receipt of the request for information provision. For special cases requiring verification in multiple places, the deadline may be extended but not exceeding twenty working days.

3. The coordination in providing, verifying, and reviewing criminal history information must comply with the provisions of the Criminal Record Law, state secrets protection, and national archives preservation.

Article 25. Coordination in verifying conditions for automatic expungement of criminal records

1. The coordination in verifying conditions for automatic expungement of criminal records at the People's Committee of communes, agencies, and organizations to update information into the Criminal Record of convicted persons as prescribed in Clause 1 and Clause 2, Article 17 of Decree No. 111/2010/NĐ-CP shall be carried out as follows:

a) The Department of Justice sends a verification request letter (in accordance with the form issued together with this Circular) or conducts verification directly at the People's Committee of communes, agencies, and organizations where the convicted person resides after completing their sentence regarding whether that person was indicted, investigated, prosecuted, or tried during the period they have a criminal record;

b) Judicial officers - civil status officials assist the People's Committee of communes in conducting verification according to the request of the Department of Justice. In cases where necessary, judicial officers - civil status officials report to the Chairman of the People's Committee of communes to coordinate with the Police Station of communes to conduct verification;

c) The People's Committee of communes, agencies, and organizations are responsible for sending a notification letter on the results of verifying conditions for automatic expungement of criminal records (in accordance with the form issued together with this Circular) to the Department of Justice within ten working days from the date of receipt of the verification request letter;

d) In cases where the Department of Justice conducts direct verification at the People's Committee of communes, agencies, and organizations where the convicted person resides after completing their sentence, the direct verification must be recorded in a minutes document. The minutes document must clearly state the date, month, year, location of the minutes, names, positions of participants, content of the work, verification results, accompanying documents (if any). The minutes document is made in two copies, signed by representatives of participating agencies, and must be stamped with confirmation by the agency or organization where the verification is conducted.

2. In cases where the National Criminal Record Center conducts verification of conditions for automatic expungement of criminal records to update into the Criminal Record of convicted persons, it shall be carried out in accordance with the provisions of Clause 1 of this Article.

3. In cases where the results of verification at the People's Committee of communes, agencies, and organizations as prescribed in Clause 1 and Clause 2 of this Article indicate that the convicted person may be indicted, investigated, prosecuted, or tried, the National Criminal Record Center or the Department of Justice shall conduct verification at relevant prosecution agencies to clarify whether the convicted person is being indicted, investigated, prosecuted, or tried. The verification process shall be carried out as follows:

a) The National Criminal Record Center or the Department of Justice sends a verification request letter (in accordance with the form issued together with this Circular);

b) Courts, Procuratorates, Investigative Agencies are responsible for sending a notification letter on the results of verification (in accordance with the form issued together with this Circular) to the National Criminal Record Center or the Department of Justice that requested it within ten working days from the date of receipt of the verification request letter.

4. The People's Committee of communes, Courts, Procuratorates, investigative agencies, civil enforcement agencies are responsible for sending a notification letter on the results of verifying conditions for automatic expungement of criminal records of individuals requesting a Criminal Record Certificate when receiving a request from the National Criminal Record Center or the Department of Justice within seven working days from the date of receipt of the verification request letter.

Article 26. Coordination in Reviewing the Provision of Criminal Record Information

1. Every six months and annually, the National Criminal Record Center shall coordinate with the Central Military Court, the International Cooperation Department, the Prosecution Practice and Trial Supervision Department under the Supreme People's Procuracy, the Police Case File Department, the Criminal Enforcement and Legal Aid Supervision Department under the Ministry of Public Security, detention centers, temporary detention centers, the Provincial Public Security Service's Criminal Enforcement and Legal Aid Department, the Civil Enforcement General Department under the Ministry of Justice to review the quantity of criminal record information provided.

The National Criminal Record Center shall coordinate with the Statistics and Consolidation Department under the Supreme People's Court in reviewing the provision of criminal record information provided by courts.

2. Quarterly, the Department of Justice shall coordinate with the Appellate Courts, the Secretariat of the Supreme People's Court, the Provincial People's Courts, the District People's Courts, the Provincial People's Procuracies, the Provincial Civil Enforcement Departments, the District Civil Enforcement Branches, the Provincial Public Security Service's Case File Departments, the District Public Security Services (Criminal Enforcement and Legal Aid Units) where these agencies have their headquarters to review the quantity of criminal record information provided in accordance with Articles 13, 14, Clause 3 of Article 15, Clause 4 of Article 16, Articles 17, and 20 of this Joint Circular.

3. The coordination in reviewing the quantity of criminal record information provided in accordance with Clause 1 and Clause 2 of this Article shall be carried out as follows:

a) The National Criminal Record Center shall have the responsibility to send to the relevant agencies specified in Clause 1 of this Article a request letter accompanied by an excerpt from the statistical report on the criminal record information received for coordination in reviewing and comparing.

The Central Military Court, the International Cooperation Department, the Prosecution Practice and Trial Supervision Department under the Supreme People's Procuracy, the Police Case File Department, the Criminal Enforcement and Legal Aid Supervision Department under the Ministry of Public Security, detention centers, temporary detention centers, the Criminal Enforcement and Legal Aid Department under the Ministry of Justice shall have the responsibility to review and compare the criminal record information that their agency or unit is responsible for providing and notify the National Criminal Record Center within fifteen working days from the date of receipt of the request letter for reviewing criminal record information.

In case the quantity of criminal record information provided is incomplete, the National Criminal Record Center shall request the Central Military Court, the International Cooperation Department, the Prosecution Practice and Trial Supervision Department under the Supreme People's Procuracy, the Police Case File Department, the Criminal Enforcement and Legal Aid Supervision Department under the Ministry of Public Security, detention centers, temporary detention centers, the Criminal Enforcement and Legal Aid Department of the Provincial Public Security Service, the Civil Enforcement General Department under the Ministry of Justice to provide additional information.

b) The Department of Justice shall have the responsibility to send to the relevant agencies specified in Clause 2 of this Article a request letter accompanied by an excerpt from the statistical report on the criminal record information received for coordination in reviewing and comparing.

The Appellate Courts, the Secretariat of the Supreme People's Court, the Provincial People's Courts, the District People's Courts, the Provincial People's Procuracies, the Provincial Civil Enforcement Departments, the District Civil Enforcement Branches, the Provincial Public Security Service's Case File Departments, the District Public Security Services (Criminal Enforcement and Legal Aid Units) shall have the responsibility to review, verify, and compare the criminal record information that their agency or unit is responsible for providing and notify the Department of Justice within fifteen working days from the date of receipt of the request letter for reviewing criminal record information.

In case the quantity of criminal record information provided is incomplete, the Department of Justice shall request the Appellate Courts, the Secretariat of the Supreme People's Court, the Provincial People's Courts, the District People's Courts, the Provincial People's Procuracies, the Provincial Civil Enforcement Departments, the District Civil Enforcement Branches, the Provincial Public Security Service's Case File Departments, the District Public Security Services (Criminal Enforcement and Legal Aid Units) to verify and provide additional information.

4. Every six months and annually, based on the results of reviewing the provision of criminal record information in accordance with Clause 1 and Clause 2 of this Article, the National Criminal Record Center and the Department of Justice shall coordinate to review the provision of criminal record information. The coordination in reviewing the quantity of criminal record information between the National Criminal Record Center and the Department of Justice shall be carried out in accordance with Clause 3 of this Article. In case the criminal record information is incomplete or incorrect, the National Criminal Record Center and the Department of Justice shall have the responsibility to provide complete and accurate information.

Chapter V

IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Joint Circular takes effect from June 28, 2012.

2. The issuance of certificates of completion of non-custodial sentences, suspended sentences, prohibition from holding certain positions, prohibition from practicing certain professions or performing certain tasks, prohibition from residing in certain areas, and deprivation of certain civil rights from July 1, 2010 to June 30, 2011 shall be implemented in accordance with Clause 4 of Article 16 of this Joint Circular by the People's Committees at the commune level or the agencies or organizations entrusted with the enforcement of such sentences.

3. Circular No. 07/1999/TTLT-BTP-BCA dated February 8, 1999 of the Ministry of Justice and the Ministry of Public Security regarding the issuance of Criminal Record Certificates ceases to be effective from the date this Joint Circular takes effect.

4. During the implementation process, if there are any difficulties, agencies, units, and organizations shall report to the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of Defense for timely guidance and supplementation.