LAW AMENDING AND COMPLEMENTING CERTAIN ARTICLES OF THE CIVIL STATUS RECORDS LAW NO. 107/2025/QH15

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE CRIMINAL RECORDS LAW

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly promulgates this Law amending and supplementing certain articles of the Criminal Records Law No. 28/2009/QH12 which has been amended and supplemented by certain articles pursuant to Law No. 68/2020/QH14.

Article 1. Amending and supplementing certain articles of the Criminal Records Law

1. Amend and supplement certain clauses of Article 2 as follows:

a) Add Clause 1a after Clause 1 as follows:

“1a. Criminal records information includes criminal records information on criminal records, criminal records information on prohibition from holding positions, establishing and managing enterprises and cooperatives as stipulated in Clause 2 and Clause 3 of this Article.”;

b) Supplement Clause 4a following Clause 4 as follows:

“4a. Criminal records database is a collection of criminal records information of individuals and information about personal identification numbers or passports in cases where there is no personal identification number, surname, middle name and given name at birth, other names, date of birth, gender, place of registration of birth, nationality, ethnicity, place of residence; surname, middle name and given name of their father, mother, spouse.”;

c) Amending and supplementing Clause 5 as follows:

“5. Authority to issue Criminal Record Certificates includes the Department of Investigative Files under the Ministry of Public Security and provincial police (hereinafter referred to as provincial police).”.

2. Amending and supplementing Clause 4 of Article 3 as follows:

 “4. Supporting management of cadres, civil servants, public officials and administrative procedures.”.

3. Amending and supplementing Article 7 as follows:

“Article 7. Request for issuance of Criminal Record Certificate, provision of criminal records information; use of Criminal Record Certificate, criminal records information

1. Vietnamese citizens and foreigners residing in Vietnam who are at least 16 years old have the right to request the competent authority to issue a Criminal Record Certificate for themselves.

2. Judicial authorities have the right to request the competent authority to provide criminal records information for investigative, prosecution, and trial purposes.

3. State agencies, political organizations, and People's Committees of the Vietnam Fatherland Front at all levels have the right to request the competent authority to provide criminal records information to support management of cadres, civil servants, public officials and administrative procedures.

4. Criminal records information and Criminal Record Certificates shall be managed and used in accordance with the provisions of laws on personal data protection for sensitive personal data. Agencies, organizations, and individuals are not allowed to require individuals to provide Criminal Record Certificate No. 2 as stipulated in Article 43 of this Law.

5. Agencies, organizations, and individuals are not allowed to require individuals to provide criminal records information or Criminal Record Certificate No. 1, except in cases where laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, or decrees and resolutions of the Government stipulate that such information is necessary for recruitment, issuance of licenses or certificates of practice for professions or positions related to national defense, security, social order, public safety, health of the community, or to protect the interests of the State, legitimate rights and interests of individuals when participating in civil or commercial transactions directly involving vulnerable groups in society.”.

4. Amending and supplementing Article 9 as follows:

“Article 9. State Management of Criminal Records

1. The Government shall uniformly manage state affairs concerning criminal records.

2. The Supreme People's Court and the Supreme People's Procuracy shall be responsible for coordinating with the Government to implement state management of criminal records.

3. The Ministry of Public Security shall take the lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Defense, and the Ministry of Justice to regulate cooperation in implementing procedures for searching, exchanging, and providing criminal records information and verifying conditions for automatic expungement of criminal records as prescribed by the Penal Code.”.

5. Amending and supplementing Article 10 as follows:

“Article 10. Fees for Provision of Criminal Records Information

1. Agencies, organizations, and individuals are not required to pay fees for the provision of criminal records information in the following cases:

a) Agencies and organizations requesting criminal records information according to Clause 2 and Clause 3 of Article 7 of this Law;

b) Individuals using criminal records information displayed on the National Identity Application.

2. Individuals requesting issuance of a Criminal Record Certificate must pay fees for the provision of criminal records information.

3. The level of collection, payment, management, and utilization of fees for the provision of criminal records information shall be implemented in accordance with the provisions of laws on fees and charges.”.

6. Amending and supplementing Article 11 as follows:

“Article 11. Criminal Records Database

1. The Criminal Records Database shall be centrally established and unified at the Ministry of Public Security.

2. The Criminal Records Database shall be connected and share information with the National Population Database, specialized databases, and other relevant databases in accordance with the provisions of laws.

3. The Criminal Records Database shall be built according to technical standards and norms of information technology, economic and technical norms, ensuring stable and continuous operation; ensuring information security, protection of personal data, facilitating the collection, updating, adjustment, exploitation, and use.

4. The Ministry of Justice, the Ministry of Defense, the Supreme People's Procuracy, and the Supreme People's Court shall be responsible for collecting, creating, and updating the databases they manage, connecting and sharing data, and simultaneously providing full original copies, certified copies, or electronic source information as prescribed in Articles 15 and 36 of this Law to the Ministry of Public Security for building, managing, exploiting, and using the Criminal Records Database.

5. The Government shall specify detailed regulations for this Article.

7. Amending and supplementing Article 12 as follows:

“Article 12. Tasks of the Authority Issuing Criminal Record Certificates in Managing the Criminal Records Database

1. Building, managing, exploiting, using, and protecting the Criminal Records Database.

2. Receiving, updating, and processing criminal records information provided by relevant agencies and organizations in accordance with this Law.

3. Creating criminal records, issuing Criminal Record Certificates, and providing criminal records information within their authority.

4. Implementing statistical and reporting systems on the management, receipt, updating, exploitation, and use of the Criminal Records Database.

5. The Minister of Public Security shall provide detailed regulations for this Article.”

8. Amend and supplement Article 15 as follows:

"Article 15. Sources of criminal record information

Criminal record information is established from the following sources:

1. Final judgments of first-instance criminal cases that have taken legal effect and judgments of second-instance criminal cases;

2. Decisions on cassation and retrial in criminal cases; decisions to terminate second-instance trials; decisions to release defendants; decisions to consolidate sentences;

3. Decisions to enforce criminal sentences;

4. Decisions to suspend, temporarily halt execution of prison sentences, conditional early release; decisions to revoke decisions to suspend, temporarily halt execution of prison sentences, conditional early release; decisions to exempt from execution of punishment; decisions to exempt from enforcement of judgment, reduce term of enforcement of judgment; decisions to shorten probation period for suspended sentence recipients, conditional early release recipients; decisions compelling suspended sentence recipients to serve custodial sentences; decisions to extend deportation periods;

5. Decisions to exempt or reduce obligations under enforcement of judgments concerning payments to the state budget;

6. Certificates of completion of punishment; notifications of results of enforcement of expulsion penalties;

7. Decisions to enforce fines, confiscate assets, criminal fines, and other civil obligations of convicted persons; certificates of enforcement results; notifications of termination of enforcement of judgment when convicted persons have fulfilled their obligations;

8. Decisions to terminate enforcement of judgment;

9. Decisions to grant commutations or reductions of death sentences; decisions to convert death sentences to life imprisonment;

10. Certificates of amnesty, general pardon;

11. Decisions to expunge criminal records;

12. Extracts of judgments or criminal records of Vietnamese citizens provided by foreign competent authorities to the Supreme People's Procuracy pursuant to international treaties on judicial assistance in criminal matters or based on reciprocity;

13. Documents from Vietnamese competent authorities requesting extradition for criminal prosecution or enforcement of judgment to foreign authorities; decisions on extradition by foreign competent authorities; documents regarding reception and escorting of extradited persons from abroad back to Vietnam; notifications of decisions to commute or reduce sentences, grant amnesty or general pardon by the transferring country for persons serving custodial sentences;

14. Decisions to enforce extradition decisions, decisions to transfer persons serving custodial sentences in Vietnam at the request of foreign competent authorities;

15. Other documents and materials with evidentiary value proving criminal record information of individuals."

9. Amend and supplement Article 16 as follows:

"Article 16. Tasks of Courts in Providing Criminal Record Information

1. Courts that have conducted first-instance trials have the duty to provide the provincial public security agency where such courts are located with the following documents:

a) Extracts of final judgments of first-instance criminal cases that have taken legal effect;

b) Extracts of judgments of second-instance criminal cases;

c) Decisions on cassation and retrial in criminal cases;

d) Decisions to release defendants;

đ) Decisions to consolidate sentences;

e) Decisions to grant commutations or reductions of death sentences; decisions to convert death sentences to life imprisonment;

g) Decisions to enforce criminal sentences;

h) Decisions to suspend execution of prison sentences;

i) Decisions to expunge criminal records.

2. Courts that have issued decisions have the duty to provide the provincial public security agency where such courts are located with the following decisions:

a) Decisions to terminate second-instance trials;

b) Decisions to exempt from enforcement of judgment; decisions to exempt from execution of punishment;

c) Decisions to reduce terms of enforcement of judgment;

d) Decisions to temporarily halt execution of prison sentences;

đ) Decisions to terminate enforcement of judgment;

e) Decisions to grant conditional early release;

g) Decisions to revoke decisions to suspend execution of prison sentences;

h) Decisions to revoke decisions to temporarily halt execution of prison sentences;

i) Decisions to revoke decisions to grant conditional early release;

k) Decisions to shorten probation periods for suspended sentence recipients, conditional early release recipients;

l) Decisions compelling suspended sentence recipients to serve custodial sentences;

m) Decisions to exempt or reduce obligations under enforcement of judgments concerning payments to the state budget;

n) Documents regarding reception and escorting of extradited persons from abroad back to Vietnam as stipulated in Clause 13 of Article 15 of this Law;

o) Decisions to enforce extradition decisions; decisions to enforce decisions to transfer persons serving custodial sentences in Vietnam at the request of foreign competent authorities.

3. The deadline for providing extracts of judgments and decisions as stipulated in Clauses 1 and 2 of this Article is five working days, starting from the date judgments and decisions take legal effect or from the date the court conducting first-instance trials receives the judgments and decisions specified in Points b and c of Clause 1 of this Article.

4. The content of extracts of judgments specified in Points a and b of Clause 1 of this Article includes:

a) Full name, date of birth, place of birth registration, nationality, ethnicity, personal identification number or passport number if there is no personal identification number, place of residence of the convicted person; full name of father, mother, spouse of the convicted person;

b) Date of sentencing, judgment number, court issuing the judgment, offense, applicable law provisions, principal punishment, additional punishment, decision of the judgment regarding judicial measures, civil obligations in criminal judgments, criminal fines."

10. Amend and supplement Article 19 as follows:

"Article 19. Tasks of the Central Military Court in Providing Criminal Record Information

The Central Military Court has the duty to provide criminal record information of persons sentenced by military courts as stipulated from Clause 1 to Clause 11 of Article 15 of this Law to the Bureau of Business Files of the Ministry of Public Security within five working days, starting from the date judgments and decisions take legal effect or from the date decisions are made and certificates are issued."

11. Amend and supplement Article 26 as follows:

"Article 26. Establishment of Criminal Records

1. Competent authorities issuing Criminal Record Certificates establish criminal records in the following cases:

a) Upon receiving criminal record information provided by the Court;

b) Receiving a document regarding the extradition of a convicted person to enforce the sentence or the transfer for serving a custodial sentence in Vietnam;

c) Receiving a copy of the judgment record or criminal record of a Vietnamese citizen provided by the Supreme People's Procuracy.

2. The criminal record shall be established based on the sources of information on criminal records as stipulated in Article 15 of this Law.

3. The criminal record shall be established separately for each convicted person with the following contents:

a) Full name, date of birth, place of birth registration, nationality, ethnicity, personal identification number or passport number if there is no personal identification number, place of residence of the convicted person; full name of father, mother, spouse of the convicted person;

b) Date, month, year of sentencing, case number, court that issued the judgment, offense, applicable law provisions, principal punishment, additional punishment, judicial measures decided by the judgment, civil obligations in criminal judgments, court fees;

c) Execution status of the sentence.

4. In cases where a person is convicted of multiple offenses and has been sentenced according to the provisions of the Criminal Code, the criminal record of such person shall clearly state each offense, applicable law provisions, and the combined punishment for those offenses.”

12. Amend and supplement Article 27 as follows:

“Article 27. Updating information on criminal records regarding criminal records in cases where the Court has decisions on suspending, temporarily halting execution of sentences, conditional early release; exempting from execution of sentences, reducing the term of imprisonment; shortening probation periods; compelling persons granted suspended sentences to serve custodial sentences

Where a criminal record of a person has already been established, and subsequently the Court makes a decision as prescribed in Clause 4 of Article 15 of this Law, the competent authority issuing the criminal record certificate shall update this information into the criminal record of that person.”

13. Amend and supplement Article 33 as follows:

“Article 33. Providing, receiving, and updating information on new criminal acts of persons who have been convicted and updating information in cases where a convicted person has had their criminal record expunged

1. Information related to new criminal acts of convicted persons includes:

a) Decision to initiate prosecution, decision to supplement the decision to initiate prosecution, decision to change the decision to initiate prosecution approved by the Procuracy;

b) Decision to suspend investigation of criminal cases against suspects, decision to suspend investigation of suspects;

c) Decision to resume investigation of suspects;

d) Decision to issue arrest warrants, decision to revoke arrest warrants;

đ) Decision to suspend criminal cases against suspects, defendants;

e) Decision to resume criminal cases against suspects, defendants.

2. Courts, Prosecution Offices, Investigation Agencies have the duty to provide information on new criminal acts of persons who have been convicted through original copies, copies, or electronic versions and connect, share data with the competent authority issuing the criminal record certificate as follows:

a) The court that conducted the first-instance trial has the duty to provide the information prescribed in point đ, Clause 1 of this Article to the Provincial Police Department where the court is located; the Central Military Court provides the information prescribed in point đ, Clause 1 of this Article to the Business Records Department of the Ministry of Public Security;

b) The Supreme People's Procuracy, Procuracy Offices at all levels, National Security Investigation Agency under the Ministry of Public Security, Criminal Investigation Agency under the Ministry of Public Security, Investigation Agencies of the Supreme People's Procuracy, Investigation Agencies within the People's Armed Forces have the duty to provide the Business Records Department of the Ministry of Public Security the decisions prescribed in Clause 1 of this Article issued by themselves or by agencies assigned to conduct certain investigative activities;

c) Provincial People's Procuracy Offices, Regional People's Procuracy Offices, National Security Investigation Departments of Provincial Police Departments, Criminal Investigation Departments of Provincial Police Departments have the duty to provide the Provincial Police Department where the Procuracy Office or Investigation Agency is located the decisions prescribed in Clause 1 of this Article issued by themselves or by agencies assigned to conduct certain investigative activities;

d) The deadline for providing information is five working days from the date of issuance of the decision or from the date of receipt of the decision of the agency assigned to conduct certain investigative activities.

3. The competent authority issuing the criminal record certificate shall update information in cases where a convicted person has had their criminal record expunged according to the provisions of the Criminal Code as follows:

a) In cases where a convicted person has completed the principal punishment or the probation period of a suspended sentence, has completed the additional punishment, other decisions of the judgment, or the statute of limitations for enforcement of the judgment has expired and has not committed any new criminal act during the automatic expungement period as prescribed by the Criminal Code, "expunged" shall be updated in the criminal record of that person;

b) In cases where a convicted person has been decided by the Court to have their criminal record expunged according to the provisions of the Criminal Code and the Criminal Procedure Code, "expunged" shall be updated in the criminal record of that person.”

14. Amend and supplement Article 37 as follows:

“Article 37. Providing, receiving information on criminal records regarding prohibition from holding positions, establishing, managing enterprises, cooperatives

1. The court that issued the bankruptcy declaration decision shall provide a copy of the bankruptcy declaration decision, including the content prohibiting individuals from holding positions, establishing, managing enterprises, cooperatives, through original copies, copies, or electronic versions and connect, share data with the Provincial Police Department where the court is located within five working days from the date the decision takes effect.

2. The content of the copy of the bankruptcy declaration decision includes:

a) Full name, surname, date of birth, place of birth registration, nationality, ethnic group, personal identification number or passport number in case there is no personal identification number, place of residence of the individual prohibited from holding positions, establishing, managing enterprises, cooperatives;

b) Prohibited position; duration of prohibition from holding positions, establishment of enterprises, cooperatives, management of enterprises, cooperatives.

3. The Provincial Police Department shall be responsible for receiving information on criminal records regarding prohibition from holding positions, establishing, managing enterprises, cooperatives provided by the Court according to the regulations of the Minister of Public Security.”

15. Amend and supplement Article 38 as follows:

“Article 38. Establishing criminal records and updating information on prohibition from holding positions, establishing, managing enterprises, cooperatives

Where a person is prohibited by the Court from assuming positions, establishing, or managing enterprises or cooperatives without a criminal record, the provincial police station where the Court issuing the bankruptcy declaration has its headquarters shall establish a criminal record for that person; if the person already has a criminal record, the information shall be updated in accordance with the Court's decision.

16. Amend and supplement Chapter IV as follows:

"Chapter IV

ISSUING CRIMINAL RECORD CERTIFICATES TO INDIVIDUALS AND PROVIDING

CRIMINAL RECORD INFORMATION TO AUTHORITIES AND ORGANIZATIONS"

17. Amend and supplement Article 41 as follows:

"Article 41. Criminal Record Certificates

1. Criminal record certificates issued to individuals as prescribed in Clause 1 of Article 7 of this Law include Criminal Record Certificate No. 1 and Criminal Record Certificate No. 2.

2. Criminal record certificates may be issued in electronic form or paper form and have equal legal validity.

3. In cases where an electronic criminal record certificate has been issued in accordance with the provisions of this Law, the criminal record information will be simultaneously displayed on the National Identity Application and has the same value as the Criminal Record Certificate. The criminal record information displayed on the National Identity Application is updated for individual use when needed without requiring issuance of a Criminal Record Certificate.

4. The Minister of Public Security shall stipulate the format of the Criminal Record Certificate and the method of displaying criminal record information on the National Identity Application."

18. Amend and supplement Article 45 as follows:

"Article 45. Procedures for Requesting Criminal Record Certificates

1. Individuals request Criminal Record Certificates through online methods.

Foreigners and individuals without electronic identification may request Criminal Record Certificates through direct submission or postal services.

2. The procedure for requesting Criminal Record Certificates is carried out as follows:

a) In cases where the request is made through online methods, it shall be conducted via the National Identity Application or the National Public Service Portal;

b) In cases where the request is made through postal services, the application file accompanied by the certified signature of the applicant must be submitted in accordance with the law;

c) In cases where the request is made directly, the application file shall be submitted to the competent authority issuing the Criminal Record Certificate.

3. An individual may request Criminal Record Certificates for their parents, spouse, children, or persons under their guardianship. The procedure for requesting Criminal Record Certificates shall be carried out in accordance with Clause 2 of this Article.

4. An individual may authorize another person to handle the procedures for requesting Criminal Record Certificates. Such authorization must be documented in writing in accordance with the law, and the procedure for requesting Criminal Record Certificates shall be carried out in accordance with points b and c of Clause 2 of this Article."

19. Amend and supplement Article 48 as follows:

"Article 48. Issuing Criminal Record Certificates

1. In cases where the request is made according to point a of Clause 2 of Article 45 of this Law, the Criminal Record Certificate shall be issued in electronic form.

In cases where the request is made according to points b and c of Clause 2 of Article 45 of this Law, the Criminal Record Certificate shall be issued in paper form.

2. The time limit for issuing a Criminal Record Certificate is five working days from the date of receipt of a valid request; in cases where there is new information about a criminal record or criminal behavior that needs verification, the time limit for issuing a Criminal Record Certificate may be extended but not exceed fifteen days."

20. Supplement Section 3 of Chapter IV as follows:

"Section 3

PROVIDING CRIMINAL RECORD INFORMATION
UPON REQUEST OF AUTHORITIES AND ORGANIZATIONS

Article 50a. Contents of the provision of criminal record information

Criminal record information provided upon request of judicial agencies shall include the contents prescribed in Article 43 of this Law; criminal record information provided upon request of state agencies, political organizations, and People's Committees for United Front at all levels shall include the contents prescribed in Article 42 of this Law.

Article 50b. Provision of criminal record information

1. When there is a request to use criminal record information from individuals, agencies, and organizations specified in Clause 2 and Clause 3 of Article 7 of this Law, such agencies and organizations may exploit and use criminal record information through data connection and sharing from the criminal record database and the National Population Database; they shall not require individuals to provide a Criminal Record Certificate. The criminal record information exploited under this clause shall be equivalent to a Criminal Record Certificate.

2. The Ministry of Public Security shall be responsible for organizing the connection, sharing, and exploitation of criminal record information of agencies and organizations that have requests, ensuring the purpose, security, and safety of information, and protecting personal data.

3. Agencies and organizations that have requests to use criminal record information shall be responsible for exploiting and using such information for the intended purpose, ensuring security and safety of information, and protecting personal data.”

21. Amend and supplement Article 52 as follows:

“Article 52. Handling of complaints

Individuals have the right to request competent authorities to review the issuance of a Criminal Record Certificate when there is evidence indicating that the issuance or refusal to issue a Criminal Record Certificate is contrary to the law or the content of the criminal record information is inaccurate, infringing upon their legitimate rights and interests.

The authority, procedures, and formalities for handling complaints shall be carried out in accordance with the provisions of the law on complaints.”

22. Replace, supplement, and delete certain phrases in articles, clauses, and points as follows:

a) Replace the phrase "Director of the National Criminal Record Center" with the phrase "Director of the Business File Department of the Ministry of Public Security" in Clause 3 of Article 44;

b) Replace the phrase "National Criminal Record Center" with the phrase "Business File Department of the Ministry of Public Security" in Articles 17, 30, 31, 32, 44, and 47;

c) Replace the phrase "Department of Justice" with the phrase "Provincial Public Security Agency" in Articles 20, 28, 29, 30, 44, and 47;

d) Replace the phrase "ID card number or passport number" with the phrase "personal identification number or passport number in cases where there is no personal identification number" in Articles 42 and 43;

đ) Replace the phrase "responsibility for providing criminal record information" with the phrase "responsibility for providing criminal record information to build the criminal record database" in Article 6;

e) Replace the phrase "completion of punishment" with the phrase "completion of sentence" in Article 30;

g) Replace the phrase "execution of punishment" with the phrase "execution of sentence" in Article 32;

h) Replace the phrase "ten days" with the phrase "five working days" in Articles 17, 20, and 24;

i) Replace the phrase "name, gender" before the phrase "gender" with the phrase "surname, middle name, and given name, other names" in Articles 42 and 43;

k) Replace the phrase "father's surname, mother's surname, spouse's surname" with the phrase "father's surname, middle name, and given name, mother's surname, middle name, and given name, spouse's surname, middle name, and given name" in Article 43;

l) Replace the phrase "criminal record information database management agency" with the phrase "competent authority for issuing a Criminal Record Certificate" in Articles 2, 6, 24, and 49;

m) Replace the phrase "Clause 11" with the phrase "Clause 7 and Clause 8" in Article 20;

n) Replace the phrase "place of birth, nationality" with the phrase "place of registration of birth, nationality, ethnicity" in Articles 42 and 43;

o) Supplement the phrase "judgment decision on judicial measures," before the phrase "civil obligations in criminal judgments" in Clause 2 of Article 2 and Point b Clause 2 of Article 43;

p) Delete the phrase "for others" and supplement the phrase ", Clause 4" before the phrase "Article 45" in Clause 2 of Article 49;

q) Delete the phrase ", military enforcement agency" in Article 6 and Article 24;

r) Delete the phrase "under central administration" in Article 47.

23. Repeal Article 13, Article 18, Article 21, Article 22, Article 23, Clause 3 of Article 24, Article 34, Clause 4 of Article 44, Article 46, Article 53, and Article 56.

Article 2. Effective Date

This Law shall take effect from July 1, 2026.

Article 3. Transitional Provisions

1. The Supreme People's Court, the Supreme People's Procuracy, the Ministry of Justice, the Ministry of National Defense, and related agencies and organizations shall cooperate with the Ministry of Public Security to organize the connection and sharing of criminal record information formed before the effective date of this Law, ensuring completion by July 1, 2026, to build the criminal record database.

2. Applications for Criminal Record Certificates received before the effective date of this Law shall be processed according to the provisions of the Law on Criminal Records No. 28/2009/QH12, which has been amended and supplemented by Law No. 68/2020/QH14.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, at its tenth meeting on December 5, 2025.