Circular No. 06/2024/TT-BTP amends and supplements certain provisions of circulars related to forms and sample books of criminal records. This document stipulates the issuance, use, and management of forms and sample books of criminal records in electronic data form or paper form.
Đối tượng áp dụng
Director of the National Criminal Record Center, Heads of Units under the Ministry of Justice, Directors of Provincial Justice Departments, and relevant agencies, organizations, and individuals.
Các điểm cốt lõi
- The forms and sample books of criminal records issued together with this Circular (Article 3).
- The forms and sample books of criminal records used in electronic data form or paper form can be accessed on the National Public Service Portal to download and use free of charge (Article 4).
- Interactive electronic forms are integrated into the administrative procedure information system of the Ministry of Justice and provincial level (Article 4).
- A person not convicted or whose criminal record has been expunged shall have "No criminal record" noted in the Criminal Record Certificate (Article 14).
- Abolish old types of forms and sample books of criminal records and unused colored floral pattern papers which may continue to be used until September 30, 2024 (Article 3).
🌐 Tác động xã hội từ văn bản này
- Facilitate citizens' easy access and downloading of criminal record forms free of charge.
- Save printing costs and document management expenses for competent authorities.
- Ensure the accuracy and security of information when using electronic data.
- Citizens may face difficulties in transitioning from old forms to new ones.
❓ Câu hỏi thường gặp
Where are the criminal record forms published?
The forms and sample books of criminal records are published on the National Public Service Portal, the Administrative Procedure Information System of the Ministry of Justice, and at the provincial level.
What is recorded in the Criminal Record Certificate for a person not convicted?
A person not convicted or whose criminal record has been expunged will be recorded as "No criminal record" in the Criminal Record Certificate (Article 14).
Until when can the old forms still be used?
Two types of unused colored floral pattern papers may continue to be used until September 30, 2024.
Toàn văn
CIRCULAR
Amending and supplementing certain provisions of Circulars guiding the use of forms and record books for criminal records
sử dụng biểu mẫu và mẫu sổ lý lịch tư pháp
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Pursuant to the Criminal Record Law dated June 17, 2009;
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. 61/2018/NĐ-CP dated April 23, 2018 of the Government on implementing a single window mechanism in administrative procedures; Decree No. 107/2021/NĐ-CP dated December 6, 2021 of the Government amending and supplementing certain provisions of Decree No. 61/2018/NĐ-CP dated April 23, 2018 of the Government on implementing a single window mechanism in administrative procedures;
Pursuant to Decree No.Decree No. 45/2020/NĐ-CPdated April 8, 2020 of the Government on implementing administrative procedures in an electronic environment;
Pursuant to Decree No.Decree No. 42/2022/NĐ-CPdated June 24, 2022 of the Government stipulating the provision of information and online public services by state agencies in a networked environment;
Pursuant to Decree No. 98/2022/NĐ-CP dated November 29, 2022, issued by the Government, concerning the functions, tasks, powers, and organizational structure of the Ministry of Justice;
At the proposal of the Director of the National Criminal Record Center;
The Minister of Justice issues this Circular amending and supplementing certain provisions of Circulars guiding the use of forms and record books for criminal records.
Article 1. Amending and supplementing certain provisions of Circular No. 13/2011/TT-BTP dated June 27, 2011 of the Minister of Justice on issuing and guiding the use of forms and record books for criminal records (hereinafter referred to as Circular No. 13/2011/TT-BTP) and Circular No. 16/2013/TT-BTP dated November 11, 2013 of the Minister of Justice amending and supplementing certain provisions of Circular No. 13/2011/TT-BTP on issuing and guiding the use of forms and record books for criminal records (hereinafter referred to as Circular No. 16/2013/TT-BTP)
1. Amending and supplementing Clause 1 of Circular No. 13/2011/TT-BTP as follows:
“Article 1. Scope of Regulation
"This Circular promulgates various forms and record books for criminal records; specifies the subjects using these forms and record books and the manner of their use."
2. Amending and supplementing Clause 3 of Circular No. 13/2011/TT-BTP (amended and supplemented by Circular No. 16/2013/TT-BTP) as follows:
“Clause 3. Issuing forms and record books for criminal records
Issued together with this Circular:
1. 07 forms and 04 record books for criminal records (Annex 02).
2. 03 interactive electronic forms (Annex 03)."
3. Amending the name of the clause and amending and supplementing Clause 4 of Circular No. 13/2011/TT-BTP (amended and supplemented by Circular No. 16/2013/TT-BTP) as follows:
“Clause 4. Managing and using forms and record books for criminal records
1. 07 forms and 04 record books for criminal records (Annex 02) shall be used and stored at the National Criminal Record Center, Department of Justice (hereinafter referred to as the Management Agency of the Criminal Record Database) in electronic data form or paper form. Forms and record books for criminal records in paper form shall be printed on white paper, size A4 (210 mm x 297 mm). Electronic forms and record books for criminal records have the same value as paper forms and record books.
2. 02 forms for individual application for Criminal Record Certificate and form for requesting Criminal Record Certificate from judicial organs, state agencies, political organizations, and political-social organizations (hereinafter referred to as agencies and organizations) shall be posted on the National Public Service Portal, Ministry of Justice's Administrative Procedure Information System, and provincial-level Administrative Procedure Information System. Individuals, agencies, and organizations can access, download, and use them. In cases where the request for issuance of a Criminal Record Certificate is made directly, individuals, agencies, and organizations will be provided with these forms free of charge by the Management Agency of the Criminal Record Database.
3. 03 interactive electronic forms (Annex 03) shall be integrated into the National Public Service Portal, Ministry of Justice's Administrative Procedure Information System, and provincial-level Administrative Procedure Information System. When requesting a Criminal Record Certificate in an electronic environment, individuals, agencies, and organizations shall provide and exchange information and data through these interactive electronic forms when using online public services of state agencies.
4. The Management Agency of the Criminal Record Database shall organize the use of 07 forms, 04 record books for criminal records (Annex 02), 03 interactive electronic forms (Annex 03) and shall be responsible for the correct use of these forms and record books in accordance with this Circular.”
4. Amending and supplementing certain points and clauses of Clause 14 of Circular No. 13/2011/TT-BTP (amended and supplemented by Circular No. 16/2013/TT-BTP) as follows:
a) Amend and supplement point a, Clause 1 as follows:
"a) For persons not convicted, persons who were convicted but had their criminal record expunged, persons convicted "not considered to have a criminal record" under Clause 2, Article 69 of the Penal Code 2015 (amended and supplemented in 2017), persons convicted "considered to have no criminal record" under Clause 1, Article 107 of the Penal Code 2015 (amended and supplemented in 2017), and persons granted amnesty, shall note "No criminal record"; in the case of foreign nationals residing in Vietnam, note "No criminal record during the period of residence in Vietnam". These fields and columns in this section shall not be filled in on the Criminal Record Certificate."
b) Supplementing point b1 after point b of Clause 2 as follows:
"b1) For persons convicted "not considered to have a criminal record" under Clause 2, Article 69 of the Penal Code 2015 (amended and supplemented in 2017), and persons convicted "considered to have no criminal record" under Clause 1, Article 107 of the Penal Code 2015 (amended and supplemented in 2017), the content of the judgment shall be recorded in the corresponding fields and columns in the Criminal Record Certificate according to the guidance in point b of this clause.
In the "Notes" section: clearly note "Not considered to have a criminal record" under Clause 2, Article 69 of the Penal Code 2015 (amended and supplemented in 2017) or "Considered to have no criminal record" under Clause 1, Article 107 of the Penal Code 2015 (amended and supplemented in 2017)."
5. Abolish 08 types of forms, 04 sample books of criminal records at Appendix No. 02 issued together with Circular No. 16/2013/TT-BTP, and two types of colored paper with patterns for the Criminal Record Data Management Agency to print Criminal Record Certificates.
Article 2. Responsibility for Implementation
The Director of the National Criminal Record Center, Heads of units under the Ministry of Justice, Directors of Justice Departments of provinces and centrally-run cities, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.
Article 3. Implementation Provisions
1. This Circular takes effect from July 1, 2024.
2. Two types of colored paper with patterns that have been printed and distributed by the Ministry of Justice for the Criminal Record Data Management Agency to print Criminal Record Certificates but have not yet been used shall continue to be used until September 30, 2024.
3. Personal, agency, or organization applications for Criminal Record Certificates received and processed before this Circular takes effect, but the Criminal Record Data Management Agency has not yet issued the Criminal Record Certificate, shall continue to be resolved according to current laws. Individuals, agencies, or organizations do not need to supplement the Application Form for Criminal Record Certificate or the Request Document for Criminal Record Certificate according to the model issued together with this Circular.
DEPUTY MINISTER
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