This Circular guides the management, use, and exploitation of judicial record databases, applicable to the National Judicial Record Center, Departments of Justice, and related agencies. The main contents include regulations on receiving, inspecting, classifying information, compiling judicial records, updating supplementary information, protecting electronic data, and using paper files.
Scope of application
The National Judicial Record Center, Departments of Justice, and related agencies and units involved in managing, using, and exploiting judicial record databases.
Key points
- The National Judicial Record Center and Departments of Justice are assigned the responsibility for managing, using, and exploiting judicial record databases.
- Personnel engaged in judicial record work have the right to receive, inspect, classify information, compile judicial records, and update supplementary information within their scope of duties and responsibilities.
- The use and exploitation of judicial record databases must comply with regulations regarding purpose, authority, method, and traceability.
- The National Judicial Record Center has the responsibility to provide information to Departments of Justice and vice versa when necessary.
- Electronic judicial record data must be protected from unauthorized access and must be backed up as a precaution.
🌐 Social impact of this document
- Positive impact: Enhance the effectiveness of managing, using, and exploiting judicial record databases, serving the issuance of judicial record certificates and other purposes.
- Negative impact: May impose technical and human resource burdens on the National Judicial Record Center and Departments of Justice in managing electronic databases.
❓ Frequently asked questions
What are the responsibilities of the National Judicial Record Center?
The National Judicial Record Center is responsible for consolidating, updating the situation, managing, using, and exploiting judicial record databases nationwide; inspecting the implementation of legal regulations on managing, using, and exploiting judicial record databases at Departments of Justice; guiding the management, use, and exploitation of judicial record databases.
How can personnel engaged in judicial record work use information?
Personnel engaged in judicial record work may only use and exploit electronic judicial record data within the scope of their tasks and powers granted according to their database access permissions. They must ensure the confidentiality of the accounts provided; use accounts for the intended purpose; report immediately to the system administration department upon discovering errors or incidents.
How is the copying of electronic judicial record data in the database performed?
The National Judicial Record Center has the right to request Departments of Justice to search for and provide paper judicial record file information in the judicial record database. Copying of electronic judicial record data must be approved by the head of the database management agency or the authorized person.
How is the use of paper judicial record files performed?
The use and exploitation of paper judicial record files must ensure compliance with the designated purpose, scope, and powers granted. Archival personnel are responsible for searching and transferring files to those requesting them; judicial record personnel are responsible for returning files after use and exploitation.
How is electronic judicial record data protected?
Electronic judicial record data must be protected from unauthorized external access and virus and malware attacks. Data must be backed up as a precaution to protect and restore data when necessary.
Full text
CIRCULAR
Guidelines for managing, using, and exploiting judicial record databases
Pursuant to the Criminal Record Law dated June 17, 2009;
Pursuant to the Law on Archives dated November 11, 2011;
Pursuant to the Law on Information Technology dated June 29, 2006;
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;
Pursuant to Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in the activities of state agencies;
Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
The Ministry of Justice hereby guides the management, use, and exploitation of judicial record databases as follows.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. These Circulars guide the management, use, and exploitation of judicial record databases, the responsibilities of the National Judicial Record Center, Departments of Justice, and related agencies in managing, using, and exploiting judicial record databases.
2. These Circulars apply to civil servants, officials, and employees at the National Judicial Record Center, Departments of Justice (hereinafter referred to as judicial record workers) and related agencies in managing, using, and exploiting judicial record databases.
Article 2. Interpretation of Terms
In this Circular, the following terms shall be understood as follows:
1. "Managing judicial record databases" refers to the tasks and authorities of the National Judicial Record Center and Departments of Justice in building, storing, and protecting judicial record databases at the National Judicial Record Center and Departments of Justice.
2. "Using and exploiting judicial record databases" refers to accessing judicial record databases to search, retrieve, and copy information within judicial record databases for purposes as prescribed by the Judicial Record Law and detailed regulations and guidance documents implementing this Law.
3. "Specialized software" refers to software developed to serve the activities of receiving, checking, classifying information, compiling judicial records, updating judicial record information, exploiting, and using judicial record databases, and conforming to technical standards and norms for information technology.
Article 3. Principles for managing, using, and exploiting judicial record databases
1. Managing, using, and exploiting judicial record databases must comply with the provisions of the Judicial Record Law, Decree No. 111/2010/NĐ-CP dated November 23, 2010 of the Government detailing and guiding the implementation of certain articles of the Judicial Record Law (hereinafter referred to as Decree No. 111/2010/NĐ-CP), and these Circulars.
2. Managing, using, and exploiting judicial record databases must be in accordance with their intended purpose, ensuring accuracy, completeness, consistency, security, and long-term storage, respecting individuals' privacy, and facilitating agencies, organizations, and individuals requesting Judicial Record Certificates.
3. Managing, using, and exploiting judicial record databases must clearly define authorities and responsibilities according to the duties and responsibilities of judicial record workers.
Article 4. Responsibilities for managing, using, and exploiting judicial record databases
1. The Director of the National Judicial Record Center shall have the following responsibilities:
a) To compile and update the situation and status of managing, using, and exploiting judicial record databases nationwide;
b) To manage, use, and exploit judicial record databases nationwide;
c) To inspect the implementation of legal provisions regarding the management, use, and exploitation of judicial record databases at Departments of Justice;
d) To guide the management, use, and exploitation of judicial record databases;
đ) To coordinate in organizing training and capacity building for judicial record workers;
e) To classify rights to receive, check, classify information, compile judicial records, update judicial record information, and use and exploit judicial record databases at the National Judicial Record Center;
g) To issue regulations on managing, using, and exploiting judicial record databases at the National Judicial Record Center; model regulations on managing, using, and exploiting judicial record databases at Departments of Justice;
h) To organize statistical work and report on the management, use, and exploitation of judicial record databases in accordance with the law.
2. The Director of the Department of Justice shall have the following responsibilities:
a) To compile and update the situation and status of managing, using, and exploiting judicial record databases at the Department of Justice;
b) To manage, use, and exploit judicial record databases within the province or centrally-administered city;
c) To organize for judicial record workers at the Department of Justice to participate in training and capacity building programs on judicial records organized by the Ministry of Justice;
d) To classify rights to receive, check, classify information, compile judicial records, update judicial record information, and exploit and use judicial record databases at the Department of Justice;
đ) To issue regulations on managing, using, and exploiting judicial record databases at the Department of Justice based on model regulations issued by the Director of the National Judicial Record Center;
e) To organize statistical work and report on the management, use, and exploitation of judicial record databases at the Department of Justice.
3. Judicial record workers directly assigned the task of managing, using, and exploiting judicial record databases shall have the following responsibilities:
a) To implement the receipt, checking, classification of information, compilation of judicial records, and updating of judicial record information within the scope and duties assigned;
b) To review and compare to ensure the accuracy of information when updating it into the judicial record database;
c) To comply with legal provisions and regulations of the agency or unit on managing, using, and exploiting judicial record databases;
d) In case of discovering that information in the judicial record database has been lost, destroyed, altered, or improperly exploited and used beyond authorized purposes, they must immediately report to the head of the agency or unit to promptly develop plans and measures to trace, mitigate consequences, determine individual responsibility, and take appropriate actions;
đ) To promptly report to the leadership of the agency or unit when encountering difficulties, problems, or incidents and propose solutions.
Article 5. Responsibilities for implementing information technology applications in managing, using, and exploiting judicial record databases
1. The Director of the National Judicial Record Center shall have the following responsibilities:
a) Take the lead and coordinate with the Information Technology Department to organize and implement information technology applications in managing, using, and exploiting judicial record databases;
b) Monitor the situation, update information, and report to the Minister on the implementation of information technology applications in managing, using, and exploiting judicial record databases;
c) Manage the connection, exchange, and sharing of information in electronic data form between the judicial record database at the National Judicial Record Center and the Departments of Justice and other related databases.
2. The Director of the Information Technology Department shall have the following responsibilities:
a) Coordinate with the National Judicial Record Center to organize and report to the Minister on the implementation of information technology applications in managing, using, and exploiting judicial record databases;
b) Resolve technical issues arising from the connection, exchange, and sharing of information in electronic data form between the judicial record database at the National Judicial Record Center and the Departments of Justice and other related databases.
3. The Director of the Department of Justice shall be responsible for implementing information technology applications in managing, using, and exploiting judicial record databases according to the guidelines of the Ministry of Justice.
Article 6. Linking and Sharing Information Between Judicial Record Databases and Related Databases
1. The National Judicial Record Center shall be responsible for researching and proposing the linking and sharing of information between the judicial record database and related specialized databases of the courts, prosecution offices, police, household registration management agencies, and civil enforcement agencies. The coordination in providing information between the judicial record database at the National Judicial Record Center and the Departments of Justice with the agency managing the population, household registration, residence registration, and identity card databases shall be carried out in accordance with Article 5 and Article 16 of Decree No. 111/2010/ND-CP and Article 24 of Circular Joint Circular No. 04/2012/TTLT-TANDTC-VKSNDTC-BCA-BQP dated May 10, 2012 guiding the procedures and formalities for searching, verifying, exchanging, and providing judicial record information (hereinafter referred to as Circular Joint Circular No. 04/2012/TTLT-TANDTC-VKSNDTC-BCA-BQP).
2. The National Judicial Record Center shall be responsible for taking the lead and coordinating with the Information Technology Department to research technical solutions to implement the exchange, provision, and sharing of information in electronic data form between the judicial record database and other related databases as stipulated in Clause 1 of this Article.
Chapter II
MANAGEMENT OF JUDICIAL RECORD DATABASES
Section 1
CONSTRUCTION OF JUDICIAL RECORD DATABASES
Article 7. Judicial Record Information
Judicial record information includes judicial record information in paper form and judicial record information in electronic data form (that is, judicial record information in digital form according to technical standards and norms for information technology, hereinafter referred to as electronic judicial record information).
Article 8. Receiving criminal record information
1. When receiving criminal record information provided by relevant agencies in accordance with the Criminal Record Law and other related documents, the National Criminal Record Center and the Department of Justice shall receive such criminal record information in accordance with Clause 2, Article 3 of Circular Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP. After receiving criminal record information from the agencies, the National Criminal Record Center and the Department of Justice shall record it in the Criminal Record Information Receipt Book according to the model issued together with Circular No. 13/2011/TT-BTP dated June 27, 2011, of the Minister of Justice on the issuance and guidance for the use of forms and criminal record books (hereinafter referred to as Circular No. 13/2011/TT-BTP).
2. In cases where agencies or organizations provide electronic criminal record information, they are responsible for using digital signatures in accordance with the laws on electronic transactions to verify that the provided information is accurate, complete, and within their authority. In cases where agencies or organizations provide electronic criminal record information but do not use digital signatures, they must include information about the sender and ensure the accuracy, authority, and completeness of the information.
Article 9. Checking, classifying, and providing criminal record information on convictions at the Department of Justice
1. Checking and classifying criminal record information provided by courts, provincial People's Procuracy, district police, and civil execution agencies:
a) In cases where the convicted person resides permanently or does not have a permanent residence but has a temporary residence in a province or centrally governed city where the Department of Justice is located, the Department of Justice
b) In cases where the convicted person resides in another province or centrally governed city, including those temporarily residing in a locality but still having a permanent household registration in another province or centrally governed city, the Department of Justice, upon receipt of information, has the duty to send copies of judgments, extracts of judgments, and related decisions and certificates regarding the execution process to the Department of Justice where the person resides permanently;
c) In cases where the convicted person does not have a place of residence, including foreign nationals whose permanent or temporary residence in Vietnam cannot be determined, the Department of Justice, upon receipt of information, has the duty to send copies of judgments, extracts of judgments, or related decisions regarding the execution process to the National Criminal Record Center;
d) In cases where the judgment or decision involves multiple defendants residing permanently or temporarily in different provinces or centrally governed cities, the Department of Justice, upon receipt of information, shall carry out procedures to copy the judgment, extract of judgment, and decision, and send the copies to the Department of Justice where the convicted person resides permanently or temporarily. The copies of the judgment and decision include true copies, registry copies, or extracts made in accordance with Decree No. 110/2004/NĐ-CP dated April 8, 2004, of the Government on archival work;
đ) In cases where criminal record information related to the execution status of persons previously convicted by Vietnamese courts through judgments with legal effect before July 1, 2010, such as execution decisions, decisions to expunge criminal records, certificates of expunged criminal records, or other related information is received, the Department of Justice with the authority to establish criminal records shall request the court with jurisdiction to provide such judgments in accordance with Point a, Clause 1, Article 4 of Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP.
2. Checking and classifying criminal record information provided by other Departments of Justice: In cases where criminal record information of convicted persons residing permanently or temporarily in localities sent by other Departments of Justice is received, the Department of Justice shall establish criminal records in accordance with Clause 1, Article 11 of this Circular or update supplementary criminal record information in accordance with Article 13 of this Circular.
3. Checking and classifying criminal record information provided by the National Criminal Record Center:
a) In cases where the Department of Justice receives criminal record information related to the execution status of persons previously convicted by Vietnamese courts through judgments with legal effect before July 1, 2010, such as certificates of completion of prison sentences, certificates of amnesty, or other decisions and certificates, the Department of Justice shall request the court that tried the case to provide such judgments in accordance with Point a, Clause 1, Article 4 of Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP to establish criminal records;
b) In cases where supplementary criminal record information of persons who already have criminal records is received, the Department of Justice shall update the supplementary information into the established criminal record in accordance with Article 13 of this Circular.
4. In cases where multiple criminal record information is provided to the National Criminal Record Center, the Department of Justice shall attach a list of such information. The list of information must clearly state the name, type of information, document number, and criminal record code (if applicable).
Article 10. Inspection, classification, and provision of criminal record information at the National Criminal Record Center
1. Inspection and classification of criminal record information provided by the Department of Justice:
a) In cases where the criminal record is incomplete or contains errors such as: criminal record code, case number, date of judgment or decision issuance, court that issued the judgment or decision, full name, date of birth, place of residence, or other information of the person with the criminal record, the National Criminal Record Center shall request the Department of Justice that provided the information to supplement and correct it;
b) In cases where the criminal record is established based on a criminal appeal judgment but lacks information from the original trial judgment, the National Criminal Record Center shall request the Department of Justice to supplement and update the information from the original trial judgment into the established criminal record and provide the supplemented criminal record information to the National Criminal Record Center;
c) For criminal records established by the Department of Justice beyond its authority, the National Criminal Record Center shall have the following responsibilities: If the criminal record is established for a convicted person residing in another province or centrally-administered city, the National Criminal Record Center shall request the Department of Justice that established the criminal record to send the criminal record information of the convicted person to the Department of Justice where the person resides to establish the criminal record. If the criminal record is established for a convicted person whose permanent or temporary residence cannot be determined, the National Criminal Record Center shall request the Department of Justice to send the criminal record information of that person to the National Criminal Record Center to establish the criminal record. The National Criminal Record Center shall notify in writing the Department of Justice that established the criminal record beyond its authority to cancel the criminal record code of that criminal record. The canceled criminal record code shall be used for a newly established criminal record.
2. Inspection and classification of criminal record information provided by the Public Security agency, Central Military Court. For criminal record information provided by detention centers, temporary detention centers, Provincial Public Security Departments' Criminal Enforcement and Judicial Assistance Division, Central Military Court, the National Criminal Record Center shall classify them according to the provinces or centrally-administered cities where the convicted persons reside to provide the information to the Departments of Justice.
3. Inspection and classification of criminal record information provided by the Supreme People's Procuracy. For criminal record information of Vietnamese nationals who committed crimes abroad provided by the Supreme People's Procuracy, the National Criminal Record Center shall translate the information into Vietnamese and authenticate it according to the law. For decisions temporarily suspending the execution of custodial sentences in cases of supervisory appeals under cassation or re-trial procedures provided by the Supreme People's Procuracy, the National Criminal Record Center shall classify them according to the provinces or centrally-administered cities where the convicted persons reside to provide the information to the Departments of Justice.
4. After inspecting and classifying the received information, the National Criminal Record Center shall issue copies of decisions and certificates to the Departments of Justice according to Clause 2, Article 22 of the Criminal Record Law and Clause 2, Article 11 of Circular No. 13/2011/TT-BTP. In cases of providing multiple criminal record information, the National Criminal Record Center shall attach a list of the provided information. The list must clearly state the full name, type of information, document number, and criminal record code (if applicable).
5. For criminal record information of convicted persons whose permanent or temporary residence cannot be determined, provided by the Department of Justice, Public Security agencies, or the Supreme People's Procuracy, the National Criminal Record Center shall establish the criminal record according to Article 11 of this Circular or update supplementary information into the already established criminal record according to Article 13 of this Circular.
Article 11. Establishment of Criminal Record
1. The establishment of Criminal Records for individuals sentenced by the Court from July 1, 2010 onwards shall be carried out as follows:
a) The Department of Justice shall establish Criminal Records in accordance with Clause 1, Clause 3, Clause 4, and Clause 5 of Article 26 of the Criminal Record Law based on criminal record information provided by relevant agencies and organizations;
b) The National Criminal Record Center shall establish Criminal Records in accordance with Clause 2, Clause 3, Clause 4, and Clause 5 of Article 26 of the Criminal Record Law based on information provided by the Department of Justice and other related agencies.
2. The establishment of Criminal Records for individuals sentenced by the Court before July 1, 2010 shall be carried out as follows:
a) In cases where the Department of Justice receives criminal record information of individuals sentenced by the Vietnamese Court prior to July 1, 2010 such as decisions on enforcement of criminal sentences, certificates of completion of prison terms, amnesty, pardon, certificates of civil judgment execution results, or other relevant criminal record information but has not yet received the final and binding judgment, the Department of Justice shall establish the Criminal Record based on the received decisions and certificates and clearly indicate the source of information for establishing the Criminal Record. Simultaneously, the Department of Justice shall request the court that tried the case to provide the final and binding judgment according to Point a, Clause 1, Article 4 of Circular Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP. Based on the judgment provided by the court, the Department of Justice shall update and supplement missing information into the established Criminal Record;
b) In cases where the National Criminal Record Center receives criminal record information of individuals sentenced by the Vietnamese Court prior to July 1, 2010 but cannot determine their place of permanent residence or temporary residence, the National Criminal Record Center shall establish the Criminal Record based on the decisions and certificates according to Point a of this clause;
c) In cases where the investigation results of the police, courts, or competent authorities under the Ministry of Defense show that the individual receiving a Criminal Record Certificate "has a criminal record," but there is no Criminal Record in the database, then the National Criminal Record Center or the Department of Justice responsible for issuing the Criminal Record Certificate shall establish the Criminal Record based on the investigation results of the police and courts. Simultaneously, the National Criminal Record Center or the Department of Justice shall request the court that tried the case to provide the judgment according to Point a, Clause 1, Article 4 of Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP. Based on the judgment provided by the court, the National Criminal Record Center or the Department of Justice shall update and supplement missing information into the established Criminal Record.
3. The establishment of Criminal Records in cases of receiving appellate judgments shall be carried out as follows:
a) In cases where the appellate judgment does not accept appeals or protests and maintains the original judgment, the Department of Justice shall establish the Criminal Record based on the final and binding original judgment, while updating the appellate judgment into the Criminal Record;
b) In cases where the appellate judgment amends the original judgment, the Department of Justice shall establish the Criminal Record based on the appellate judgment, while updating the original judgment into the Criminal Record;
c) In cases where the appellate judgment annuls the original judgment and transfers the case file for re-investigation or retrial, the Department of Justice shall not establish the Criminal Record but wait for the final and binding judgment to establish the Criminal Record;
d) In cases where the appellate judgment annuls the original judgment and dismisses the case, the Department of Justice shall not establish the Criminal Record;
e) In cases where a decision to terminate the appellate trial is received, the Department of Justice shall establish the Criminal Record based on the final and binding original criminal judgment;
f) The case number of the original criminal judgment with appeals or protests updated in the Criminal Record shall be used according to the case number of the appellate criminal judgment, adding the symbol ST. For example, if the case number of the appellate criminal judgment in the Criminal Record is 31HM2011/00001/01, then the case number of the original criminal judgment with appeals or protests is 31HM2011/00001/01ST.
4. In cases where a death sentence judgment is received but the enforcement decision or death penalty enforcement decision has not been received from the court, the Department of Justice shall proceed to establish the Criminal Record of the sentenced individual.
5. In cases where an appellate judgment or a death sentence judgment for a sentenced individual is received but their place of permanent residence or temporary residence cannot be determined, the National Criminal Record Center shall establish the Criminal Record in accordance with Clause 3 and Clause 4 of this Article.
Article 12. Cases Where Criminal Records Are Not Established
The National Criminal Record Center and the Department of Justice shall not establish criminal records for convicted persons in the following cases:
1. Receiving a decision to suspend the execution of a prison sentence when the person serving the sentence dies, having been notified of the prisoner's death but not yet receiving the judgment or other decisions, certificates related to the criminal record of that person.
2. Receiving a judgment with legal effect declaring the defendant innocent or exempting them from criminal responsibility.
3. Receiving a decision to enforce a judgment or a death penalty judgment but not yet receiving the judgment or other decisions, certificates related to the criminal record of that person.
Article 13. Updating Supplementary Information on Criminal Records
1. The Department of Justice shall update supplementary information into established criminal records based on received criminal record information, specifically as follows:
a) In case of receiving criminal record information as prescribed in Articles 16, 20, 21, Clause 2, Article 22 of the Criminal Record Law and Clause 3, Article 15, Clause 4, Article 16, Article 17 of Circular Jointly Issued No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP and other criminal record information provided by the National Criminal Record Center, the Department of Justice shall update supplementary information into the established criminal record according to Articles 27, 28, 29, Clause 1, Article 30 and Article 33 of the Criminal Record Law;
b) In case the judgment contains information about the previous conviction of the convicted person and the content of the previous conviction is not included in their criminal record, the Department of Justice shall update supplementary information of the previous conviction as a subsequent judgment into the criminal record of that person and clearly note it as a previous conviction in which judgment. At the same time, the Department of Justice requests the court that tried the case to provide the relevant judgment according to Clause a, Point 1, Article 4 of Circular Jointly Issued No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP. Based on the judgment provided by the court, the Department of Justice supplements missing information into the criminal record of the convicted person;
c) In case the criminal record is established based on a second-instance criminal judgment as prescribed in Clause 3, Article 11 of this Circular, the Department of Justice supplements missing information of the second-instance criminal judgment into the criminal record of the convicted person upon receipt of the first-instance criminal judgment;
d) In case of receiving a cassation or retrial decision, the Department of Justice shall update information into the criminal record as follows: For a cassation or retrial decision that does not accept the appeal and maintains the judgment or decision with legal effect, the Department of Justice records the content of that decision into the criminal record according to Point c, Clause 1, Article 7 of Decision No. 13/2011/TT-BTP. For a cassation or retrial decision that annuls a judgment or decision with legal effect and the criminal record of the convicted person is only based on the annulled judgment or decision, then the criminal record of that person will be deleted from the criminal record database. At the same time, the Department of Justice bases on the cassation or retrial decision to consider and decide to destroy the paper criminal record file and delete the electronic criminal record data of that person according to Article 24 and Clause 2, Clause 3, Article 26 of this Circular. In case the criminal record is based on multiple judgments or decisions, the information about the annulled judgment or decision in the paper criminal record will be crossed out and clearly noted as "deleted according to cassation decision" or "deleted according to retrial decision"; for electronic criminal record data, they will be deleted and clearly noted as "deleted according to cassation decision" or "deleted according to retrial decision";
e) In case the person requesting a Criminal Record Certificate already has a criminal record and the investigation results of the police and court show that the person "has a criminal record" but this criminal record is not included in their criminal record, the Department of Justice, where issuing the Criminal Record Certificate, shall update this information into their criminal record according to Point b, Clause 1 of this Article;
f) In case the Department of Justice receives an enforcement decision, a decision to terminate the second-instance review, a decision to entrust enforcement, or a decision to terminate enforcement, it shall update supplementary information into the Enforcement Decision section of the criminal record according to Model No. 01/TT-LLTP issued together with Decision No. 13/2011/TT-BTP;
g) In case of receiving a decision to consolidate sentences, notification from the prison warden or temporary detention center warden regarding the death of a prisoner, the Department of Justice shall update the content of this notification into the criminal record of the convicted person. At the same time, the Department of Justice bases on the decision to suspend the execution of the prison sentence provided by the court to consider and decide to destroy the paper criminal record file of that person according to Article 24 of this Circular;
h) In case of receiving a decision of
i) In case the Department of Justice receives a civil enforcement decision, it shall update supplementary information into the Enforcement Decision section of the criminal fine, confiscation of property, litigation fees, and other civil obligations in the Execution Status section of the criminal record of that person;
k) The Department of Justice shall provide supplementary criminal record information to the National Criminal Record Center within five working days from the date of completing the information update.
2. The National Judicial Record Center shall update additional information into the established Judicial Record in accordance with Clause 1 of this Article based on information provided by the Department of Justice and relevant agencies. In cases where it receives notifications regarding the enforcement of deportation sentences or decisions to temporarily suspend the execution of prison sentences in cases of protest according to cassation and revision procedures, the National Judicial Record Center shall update the content of such notifications and temporary suspension decisions into the Judicial Record of the convicted person. If a Vietnamese citizen already has a Judicial Record and subsequently receives a copy of the judgment or criminal record of that person provided by the Supreme People's Procuracy, the National Judicial Record Center shall update the information about the judgment copy or criminal record as a subsequent judgment into the Judicial Record of that person. In cases where it receives notifications regarding amnesty, pardon, exemption, or reduction of punishment for individuals serving sentences abroad who return to Vietnam, the National Judicial Record Center shall update information about amnesty, pardon, exemption, or reduction of punishment into the Judicial Record of the convicted person in accordance with Article 27 and Clause 2 of Article 30 of the Judicial Record Law.
Article 14. Handling Information on Prohibition from Holding Positions, Establishing, and Managing Enterprises and Cooperatives
1. The Department of Justice shall receive and provide information on prohibition from holding positions, establishing, and managing enterprises and cooperatives in accordance with Clause 3 of Article 37 of the Judicial Record Law, Articles 11 and 14 of Circular Jointly Issued No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP. In cases where the person prohibited from holding positions, establishing, and managing enterprises and cooperatives is a foreigner without a place of residence in Vietnam, the Department of Justice shall send the judicial record information of that person to the National Judicial Record Center.
2. The Department of Justice shall establish a Judicial Record for persons prohibited from holding positions, establishing, and managing enterprises and cooperatives in accordance with Clause 1 of Article 38 of the Judicial Record Law and Article 14 of Decree No. 111/2010/NĐ-CP. In cases where the person prohibited from holding positions, establishing, and managing enterprises and cooperatives is a foreigner without a place of residence in Vietnam, the National Judicial Record Center shall establish a Judicial Record based on the bankruptcy declaration decision of the Court.
3. In cases where the person prohibited from holding positions, establishing, and managing enterprises and cooperatives already has a Judicial Record, the Department of Justice shall supplement information on prohibition from holding positions, establishing, and managing enterprises and cooperatives into their Judicial Record in accordance with Clause 2 of Article 38 of the Judicial Record Law.
4. In cases where the period during which establishment and management of enterprises and cooperatives is prohibited according to the bankruptcy declaration decision of the Court has expired, the information about the individual not being allowed to establish or manage enterprises and cooperatives in the paper Judicial Record of that person shall be crossed out and clearly marked "prohibition period expired"; for electronic judicial records, such information shall be deleted and clearly marked "prohibition period expired".
Article 15. Creation of Electronic Criminal Record Data
1. Electronic criminal record data is data digitized from documents containing criminal record information and data created and converted from electronic criminal record information provided by agencies and organizations to the National Criminal Record Center and the Department of Justice in accordance with the standards for electronic criminal record data.
2. Electronic criminal record data includes: Criminal records established using specialized software (hereinafter referred to as Electronic Criminal Records) and electronic criminal record information that meets the standards for electronic criminal record data as stipulated in Clause 3 of this Article. For electronic criminal record information that does not meet the standards for electronic criminal record data, the National Criminal Record Center and the Department of Justice have the responsibility to standardize and convert the data into electronic criminal record data format.
3. Electronic criminal record data must meet the following standards:
a) The content, structure, and type of information in electronic criminal record data must be consistent with the content of forms prescribed by the Criminal Record Law, Circular No. 13/2011/TT-BTP, Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP, and other detailed regulations guiding the implementation of the Criminal Record Law;
b) Electronic criminal record data must be uniform and consistent with technical standards for information technology;
c) Electronic criminal record data must ensure accessibility and extraction for ease of linking, integration, exchange, and provision of criminal record information with related databases.
4. Electronic criminal record data is created at the National Criminal Record Center and the Department of Justice using specialized software and is compiled and organized according to the principle of individualizing persons with criminal records.
Article 16. Updating Supplementary Criminal Record Information into Electronic Criminal Records
1. Personnel engaged in criminal record work shall update supplementary criminal record information into the already established electronic criminal record database.
2. The updating of supplementary criminal record information into electronic criminal records shall be carried out in accordance with the provisions of Article 13 of this Circular.
3. Supplementary criminal record information updated into electronic criminal records must meet the standards for electronic criminal record data as stipulated in Clause 3 of Article 15 of this Circular.
4. Any modification of data already updated into the electronic criminal record data can only be made upon approval by the head of the agency managing the criminal record database or the authorized person.
Article 17. Creating Paper Criminal Record Files
1. "Paper criminal record file" consists of the individual's criminal record, documents containing criminal record information provided by agencies and organizations, and other relevant documents concerning the individual such as decisions on changing or correcting household registration, death certificates, results of verification of conditions for automatic expungement of criminal records, which are collected and included in the file according to the principle of classification and arrangement into individual files.
2. After the criminal record has been established, personnel engaged in criminal record work shall create paper criminal record files for storage in the criminal record database. The established criminal record must be stamped with the seal of the agency managing the criminal record database in the upper left corner where the name of the agency establishing the criminal record is recorded. If the criminal record consists of multiple pages, it must be stamped across the edges.
3. Documents in the paper criminal record file are arranged in the following order:
a) List of documents;
b) Criminal record;
c) Documents containing criminal record information provided by agencies and organizations to the National Criminal Record Center and the Department of Justice.
d) Other related documents.
4. Documents specified in points b, c, and d of Clause 3 of this Article are arranged in chronological order of receipt, numbered starting from page number 01 to the last page. In cases where additional pages are added to the criminal record during the process of updating supplementary information, they should be numbered consecutively with the previous page numbers of the criminal record and marked with letters a, b, c, etc. The numbering must be clear and accurate, done with a soft black pencil, and placed 1 cm from the right edge and top of the page.
5. Paper criminal record files must be numbered for archival purposes. The archival number is assigned from 01 to n in chronological order of filing, without cycling annually.
6. The list of documents is prepared according to the model issued together with this Circular (Model No. 01/TT-BTP), including the following information: serial number, name of document, document code, page number, date of archiving, archiver.
Example: A criminal record file includes a criminal record of 03 pages, page numbers 01, 02, 03, and a Decision on Execution of Criminal Punishment of 01 page, page number 04, then the criminal record is supplemented with 02 additional pages, the list of documents will be recorded as follows:
| STT | Progress, Timeframe | Document Code | Page Number | Date of Archiving | Archiver |
| 1 | Criminal Record | 31HM2011/00001 |
01, 02, 03 |
||
| 2 | Decision on Execution of Criminal Punishment | 01/QĐ-THA | 04 | ||
| 3 | Criminal Record | 31HM2011/00001 | 03a, 03b |
7. The cover of the paper criminal record file is prepared according to the model issued together with this Circular (Model No. 02/TT-BTP), including the following information: Name of the agency managing the criminal record database; criminal record code; archival number; full name of the individual with the criminal record; date of birth; ID card number or passport number; place of permanent residence; place of temporary residence. The information on the cover of the paper criminal record file must be clearly written in black ink, no abbreviations, the full name of the individual with the criminal record must be written in capital letters, other items in lowercase, and the date of birth must use hyphens.
8. Paper criminal record files must be created and archived within 10 working days from the completion of the establishment of the criminal record; in cases where the National Criminal Record Center receives criminal records provided by the Department of Justice, the deadline is 20 days from the date of receipt of those criminal records.
Article 18. Supplementing materials to paper criminal history records
1. After updating additional criminal history information into the electronically stored criminal history record, the person responsible for criminal history work shall supplement the documents containing the additional criminal history information into the paper criminal history file.
2. When supplementing materials into the paper criminal history file, the person responsible for criminal history work shall number the pages of the documents containing the additional criminal history information according to Clause 4 of Article 17 of this Circular and record them in the List of Documents as prescribed in Clause 6 of Article 17 of this Circular. The supplementation of materials into the paper criminal history file must be approved by the authorized person. During the process of supplementing materials into the paper criminal history file, the person responsible for criminal history work shall have the responsibility to preserve the file, not to lose, damage, or alter the documents within the file.
3. When the convicted person has completed serving the sentence and the information about completing the sentence is updated into the electronic criminal history record, the person responsible for criminal history work shall print out the entire part of the information on the execution status of the sentence that has been updated and supplemented to include it into the paper criminal history file of that person.
4. In cases where personal information or sentence information in the electronic criminal history record needs to be supplemented or corrected, the person responsible for criminal history work shall print out the personal information or sentence information that has been revised to supplement into the paper criminal history file of that person along with the documents containing the supplementary and corrected information. The supplementation of information must be confirmed and approved by the authorized person.
Article 19. Adjusting criminal history information in the electronic criminal history data and paper criminal history files
1. When there is a discrepancy in content between the electronic criminal history data and the paper criminal history file, the National Criminal History Center and the Department of Justice shall conduct inspections and verifications to adjust them accordingly. Documents containing criminal history information provided by agencies and organizations, and other related papers such as decisions to change or correct civil status, death certificates, results of verification of conditions for automatic expungement of criminal records are original documents for comparison and adjustment of information.
2. In cases where the Department of Justice adjusts the criminal history record provided to the National Criminal History Center, after the adjustment, a notification document regarding the adjustment must be sent to the National Criminal History Center.
3. In cases where the National Criminal History Center discovers discrepancies in the criminal history information sent by the Department of Justice, it must notify in writing for the Department of Justice to make adjustments accordingly.
Article 20. Receiving and processing information on changes and corrections to civil status, death certificates
1. Information on changes and corrections to civil status and death certificates is recorded in a separate logbook and processed, classified, arranged, and stored to serve the work of inspecting, comparing, and verifying personal information of individuals with criminal history records.
2. If it is determined that there are changes or corrections to personal information in an individual's criminal history record, the National Criminal History Center and the Department of Justice shall update the information in the individual's criminal history record to match the new information on changes or corrections to civil status and clearly note this in the section for recording changes or corrections to civil status.
3. Upon receiving a death certificate of an individual who already has a criminal history record, the National Criminal History Center and the Department of Justice shall annotate the electronic criminal history record of that individual and consider and decide to remove or destroy the paper criminal history file according to Article 24 of this Circular.
Section 2
STORAGE AND PROTECTION OF PAPER CRIMINAL HISTORY FILES
Article 21. Transfer of Criminal Record Paper Files
1. Criminal record paper files shall only be entered into the criminal record database when they are established and recorded in accordance with the provisions of Article 17 of this Circular.
2. Personnel responsible for criminal records shall hand over criminal record paper files to personnel assigned to store such files (hereinafter referred to as storage personnel). In cases where multiple files are transferred, the personnel responsible for criminal records must prepare a list of criminal record files for comparison during transfer. The list of criminal record files includes: serial number, name of the person with the criminal record, criminal record code. The transfer of files must be confirmed in writing by both the transferring and receiving parties.
3. Storage personnel shall have the following responsibilities:
a) Receiving files, checking files, comparing the list of documents with the documents contained in the criminal record paper files;
b) Registering the storage of criminal record paper files in the storage logbook. The storage logbook includes the following information: criminal record code, serial number for storage, name of the person with the criminal record, date of entry of the file into the criminal record database.
4. In cases where personnel responsible for criminal records concurrently perform storage duties for criminal record paper files, they shall be responsible for registering the storage of criminal record paper files according to the provisions of point b, Clause 3 of this Article and must have confirmation from the direct supervisor.
Article 22. Arrangement, Review, and Statistics of Criminal Record Paper Files
1. Criminal record paper files shall be arranged in cabinets or specialized shelves according to the serial number of the stored files as stipulated in Clause 5 of Article 17 of this Circular.
2. The cabinet or shelf storing files must include the following information:
a) Name of the agency managing the criminal record database;
b) From File Number... to File Number...
3. On a monthly basis or upon request, personnel responsible for storing criminal record paper files shall conduct reviews and statistics on the number of criminal record paper files. If discrepancies are found between the number of criminal record paper files and the storage logbook or if lost or damaged files are discovered, they must report to their immediate superior for prompt action.
Article 23. Transfer of Criminal Record Paper Files for Supplementing Documents
1. When it is necessary to supplement documents into criminal record paper files as prescribed in Article 18 of this Circular, personnel responsible for criminal records shall request storage personnel to hand over the criminal record paper files for supplementation. In cases where multiple files need to be supplemented, the personnel responsible for criminal records must prepare a list of criminal record paper files requiring supplementation for comparison during transfer. The list of criminal record paper files needing supplementation includes: storage serial number; criminal record code; name of the person with the criminal record.
2. Storage personnel shall be responsible for searching for the criminal record paper files requiring supplementation and handing them over to the requesting party. The transfer of criminal record paper files must be confirmed in writing by both the transferring and receiving parties and clearly state the date of transfer.
3. After completing the supplementation of files, personnel responsible for criminal records shall hand over the supplemented files to storage personnel. The transfer of supplemented files must be confirmed in writing by both the transferring and receiving parties.
4. Upon receiving back the supplemented criminal record paper files, storage personnel shall arrange the criminal record paper files in their correct position within the storage warehouse.
Article 24. Destruction of paper criminal record files
1. Paper criminal record files shall be destroyed if they fall under any of the following cases:
a) The person with a criminal record has died in circumstances prescribed in point g, Clause 1, Article 13 and Clause 3, Article 20 of this Circular;
b) A criminal record of a convicted person is established solely based on a judgment declaring only one offense that has been abolished according to criminal law regulations;
c) A criminal record of a convicted person is established solely based on a judgment or decision that has been annulled according to the provisions at point d, Clause 1, Article 13 of this Circular;
d) A criminal record of a person sentenced to death and the National Criminal Record Center, Department of Justice receives a decision to enforce the death sentence provided by the Court;
đ) A criminal record is established solely based on a court decision declaring bankruptcy, which includes a prohibition on individuals establishing or managing enterprises or cooperatives, and such prohibition period has expired according to the court's bankruptcy declaration;
2. The destruction of paper criminal record files shall be carried out as follows:
a) The National Criminal Record Center, Department of Justice, where there are paper criminal record files to be destroyed, shall be responsible for compiling a list of paper criminal record files to be destroyed;
b) The Director of the National Criminal Record Center, the Director of the Department of Justice decides to establish a committee to determine the value of paper criminal record files to be destroyed (hereinafter referred to as the committee to determine the value of files). The committee consists of the Deputy Director of the National Criminal Record Center/Deputy Director of the Department of Justice; department leaders; personnel engaged in criminal records work and personnel engaged in file storage work;
c) The Director of the National Criminal Record Center, the Director of the Department of Justice decides to destroy paper criminal record files based on the assessment document of the committee to determine the value of files;
d) The destruction of paper criminal record files must be recorded in a protocol.
3. The destruction of paper criminal record files must be documented and stored at the National Criminal Record Center, Department of Justice where the destroyed paper criminal record files were located for a period of twenty years from the date of destroying the files. The destruction documentation of paper criminal record files includes:
a) Decision to establish the committee to determine the value of files;
b) List of paper criminal record files to be destroyed;
c) Assessment document of the committee to determine the value of files;
d) Decision to destroy paper criminal record files;
đ) Protocol of the destruction of paper criminal record files;
4. The criminal record number of paper criminal record files that have been destroyed shall not be reused for newly established criminal records.
5. After destroying paper criminal record files, the Department of Justice shall send a notification document about the destruction along with the list of destroyed paper criminal record files to the National Criminal Record Center.
Article 25. Responsibility for protecting paper criminal record files
The National Criminal Record Center, Department of Justice shall be responsible for organizing the implementation of measures to protect paper criminal record files as stipulated in Clause 1 and Clause 2, Article 23 of Decree No. 111/2010/NĐ-CP, specifically as follows:
1. Arranging storage rooms for paper criminal record files according to the following requirements:
a) The location of the storage room should avoid damp areas or direct sunlight exposure;
b) The storage room must be secure, preventing unauthorized access and damage caused by humans or natural factors;
c) The environment inside the storage room must be clean and well-ventilated. The temperature in the storage room must be maintained at 20°C (± 2°C) and humidity at 50% (± 5%). Lighting intensity in the storage room should be between 50-80 lux; air circulation speed in the storage room should be approximately 5 meters per second;
d) The size of the storage room should be appropriate for the quantity of paper criminal record files to be stored and the actual conditions;
2. Arranging equipment to serve the storage of paper criminal record files, specifically as follows:
a) Specialized filing cabinets or racks designed to suit the conditions of the data management agency and ensuring convenience for storing, using, and accessing paper criminal record files;
b) File folders with covers according to the folder cover model issued together with this Circular;
c) Fire prevention and firefighting facilities and equipment must comply with current standards set by the State;
3. Implement technical measures to preserve paper criminal record files in the storage room as follows:
a) Using ventilation, moisture-absorbing chemicals, or dehumidifiers to prevent moisture in paper criminal record files;
b) Regularly cleaning documents. When mold, termites, or pests are detected, isolate the documents and spray, brush, or comb anti-mold substances onto the folder covers. Disinfect the storage room once every two years to prevent termites, pests, and insects from entering the room;
4. Repair and restore paper criminal record files according to archival laws when the files are damaged by termites, pests, or other causes.
Section 3
STORAGE AND PROTECTION OF ELECTRONIC CRIMINAL RECORD DATA
Article 26. Storage and Deletion of Electronic Criminal Record Data
1. Electronic criminal record data shall only be stored in the criminal record database upon approval by the authorized person regarding the accuracy and completeness of the information in accordance with the provisions of the Criminal Record Law and detailed regulations and guidance for implementation thereof.
2. Electronic criminal record data shall be deleted from the criminal record database in the cases specified in points b, c, d, đ of Clause 1, Article 24 of this Circular. The criminal record number of electronic criminal record data that has been deleted shall not be used for newly established criminal records.
3. The deletion of electronic criminal record data must be approved by the Head of the criminal record database management agency or the authorized person.
4. After deleting electronic criminal record data, the Department of Justice shall have the duty to send a notification letter about the deletion of electronic criminal record data to the National Criminal Record Center.
Article 27. Requirements for Protecting Electronic Criminal Record Data
1. Electronic criminal record data must be protected against unauthorized intrusion from external factors and attacks from viruses, malware, and harmful software.
2. Electronic criminal record data must be protected to ensure it is not altered, copied, disclosed, or subjected to other actions that threaten the safety and security of information.
3. Equipment and network systems serving the management, use, and exploitation of the criminal record database must be secured and operate smoothly.
4. All operations on the criminal record database must be logged and ready for inspection and monitoring when necessary.
Article 28. Access Control and Backup of Electronic Criminal Record Data
1. The criminal record database at the National Criminal Record Center and the Department of Justice must establish functions for access control, warning, and preventing unauthorized access to electronic criminal record data.
2. The National Criminal Record Center and the Department of Justice shall be responsible for managing the criminal record database within their authority as prescribed, creating accounts and granting appropriate access permissions to each function in the software and in accordance with the tasks and authorities of those engaged in criminal record work; implementing authentication measures and logging when accessing the criminal record database.
3. Electronic criminal record data must be backed up for the purpose of protecting and restoring electronic criminal record data according to the following principles:
a) Ensuring the integrity and completeness of the backed-up electronic criminal record data;
b) Classifying based on backup time, backup method, and system recovery test time;
c) Backed-up electronic criminal record data must be stored separately and regularly checked to ensure readiness for use;
d) Organizations and individuals are not permitted to exploit or use backed-up electronic criminal record data without written consent from the Head of the criminal record database management agency or the authorized person; in case of discovering risks or potential risks to electronic criminal record data, they must immediately report to the Head of the criminal record database management agency or the authorized person for appropriate measures to address and remedy the situation;
đ) Backing up electronic criminal record data must be done regularly, at least at the end of the working day.
Chapter III
USE AND EXPLOITATION OF THE CRIMINAL RECORD DATABASE
Section 1
OBJECTS, SUBJECTS, METHODS, AUTHORITY FOR USE AND EXPLOITATION OF CRIMINAL RECORD DATABASES
Article 29. Purpose of Use and Exploitation of Criminal Record Databases
The use and exploitation of criminal record databases shall serve the following purposes:
1. To serve the issuance of criminal record certificates upon individual requests or those of agencies and organizations.
2. To provide criminal record information to relevant agencies and organizations as prescribed by the Law on Criminal Records.
3. To serve statistical and reporting work on criminal records.
Article 30. Subjects for Use and Exploitation of Criminal Record Databases
Agencies managing criminal record databases and individuals engaged in criminal record work have the right to use and exploit criminal record databases within their authority, scope of responsibilities, and assigned tasks.
Article 31. Methods for Use and Exploitation of Criminal Record Databases
1. The National Criminal Record Center and Provincial Departments of Justice shall use and exploit electronic criminal record data through specialized software.
2. The National Criminal Record Center and Provincial Departments of Justice shall use and exploit paper-based criminal record files through search and retrieval operations of stored files.
Article 32. Authority of the National Criminal Record Center and Provincial Departments of Justice in Using and Exploiting Criminal Record Databases
1. The National Criminal Record Center has the authority to use and exploit criminal record databases at the National Criminal Record Center and at Provincial Departments of Justice. In cases where electronic criminal record data is copied from the criminal record database at a Provincial Department of Justice, the National Criminal Record Center must notify the Provincial Department of Justice. The National Criminal Record Center has the right to request Provincial Departments of Justice to search and provide paper-based criminal record file information in the criminal record database.
2. Provincial Departments of Justice have the authority to use and exploit criminal record databases at their own departments and have the right to request the National Criminal Record Center and other Provincial Departments of Justice to provide information in the criminal record database to support criminal record management activities.
3. Requests for information may be sent via computer networks or postal services.
Section 2
USE AND EXPLOITATION OF PAPER-BASED CRIMINAL RECORD FILES
Article 33. Requirements for Use and Exploitation of Paper-Based Criminal Record Files
1. The use and exploitation of paper-based criminal record files must ensure compliance with the intended purpose, scope, and granted authority.
2. When using and exploiting paper-based criminal record files, individuals engaged in criminal record work must have a written request.
3. The use and exploitation of paper-based criminal record files can only be carried out with the approval of the head of the agency managing the criminal record database or a person authorized by them.
4. The use and exploitation of paper-based criminal record files must be recorded in the logbook for the transfer and receipt of paper-based criminal record files.
Article 34. Responsibilities of Individuals Engaged in Criminal Record Work in Using and Exploiting Paper-Based Criminal Record Files
1. Protect and preserve files, ensuring they are not torn, damaged, lost, or exposed to the confidentiality of their contents during the use and exploitation of paper-based criminal record files.
2. Without prior approval from the head of the agency managing the criminal record database or a person authorized by them, no unauthorized copying, alteration, or removal of stored documents shall be permitted.
Article 35. Procedures and formalities for using and exploiting paper criminal records
1. In cases where it is necessary to use and exploit paper criminal records, the personnel responsible for criminal records shall issue a request in writing. The written request for using and exploiting paper criminal records must be approved by the Head of the unit or the authorized person.
2. The personnel responsible for archival work shall search for the paper criminal records after receiving the approved request and hand over the records to the requesting party.
3. The transfer and receipt of paper criminal records for use and exploitation must be confirmed in writing between the transferring and receiving parties on the record transfer form and clearly indicate the date of transfer.
4. The personnel responsible for criminal records shall have the duty to return the paper criminal records after completing their tasks. The deadline for returning the records shall not exceed five working days from the date of receipt, except in special cases with permission from the Head of the unit or the authorized person.
5. The personnel responsible for archival work shall have the duty to check the returned paper criminal records. If any alteration, erasure, change, or loss of documents within the records is discovered, the personnel responsible for archival work shall prepare a report and inform the unit leadership for handling. The return of the records after use and exploitation must be confirmed according to the provisions of Clause 3 of this Article.
Section 3
USE AND EXPLOITATION OF ELECTRONIC CRIMINAL RECORDS DATA
Article 36. Requirements for using and exploiting electronic criminal records data
1. The use and exploitation of electronic criminal records data must ensure compliance with the intended purpose, scope, and granted authority.
2. The use and exploitation of electronic criminal records data to provide information upon individual, agency, or organization requests can only be carried out with the approval of the Head of the criminal records database management agency or the authorized person.
3. The use and exploitation of electronic criminal records data must be logged in specialized software to serve review, comparison, statistics, and reporting activities.
Article 37. Responsibilities of personnel engaged in criminal records work in using and exploiting electronic criminal records data
1. Personnel engaged in criminal records work may only use and exploit electronic criminal records data within the scope of assigned tasks and authorities based on access permissions to the criminal records database.
2. Personnel engaged in criminal records work are responsible for ensuring the confidentiality of the assigned account; using the account for its intended purpose; immediately reporting any errors or incidents to the system management department to promptly prevent and handle them.
3. In cases where discrepancies, missing, or incomplete information in the data is detected, personnel engaged in criminal records work shall have the responsibility to notify the leadership of the agency or unit or the authorized person to take timely measures to correct and supplement the information in the criminal records database.
4. In cases where personnel engaged in criminal records work related to the management, use, and exploitation of electronic criminal records data cease or change their job, they must commit to maintaining confidentiality and hand over the database access account. The commitment and handover of the account must be documented in writing. The system management department shall be responsible for implementing measures to process the handed-over account after obtaining permission from the Head of the criminal records database management agency or the authorized person.
Article 38. Procedures and formalities for using and exploiting electronic criminal record data
1. After receiving an approved request to search information from the competent authority, the person working on criminal records uses their account to access, search, and retrieve electronic criminal record data.
2. The results of searching electronic criminal record data are presented in writing and confirmed by the person who conducted the search. In cases where information and search results are provided through computer networks, the search results must be verified with a digital signature.
3. The use and exploitation of electronic criminal record data are recorded through specialized software to facilitate monitoring and supervision when necessary.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 39. Effective date
1. This Circular takes effect from April 1, 2013.
2. During implementation, if there are any difficulties, relevant agencies, units, and individuals should promptly reflect them to the Ministry of Justice for research and appropriate amendments and supplements./.
DEPUTY MINISTER
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