Circular No. 16/2013/TT-BTP amending and supplementing certain articles of Circular No. 13/2011/TT-BTP dated June 27, 2011, issued by the Minister of Justice on the issuance and guidance for the use of forms and sample books of criminal records.

 

CIRCULAR

Amending and supplementing certain provisions of Circular No. 13/2011/TT-BTP dated June 27, 2011 issued by the Minister of Justice on the issuance and guidance for the use of forms and sample books of criminal records

The Minister of Justice issues this Circular to amend and supplement certain provisions of Circular No. 13/2011/TT-BTP dated June 27, 2011 issued by the Minister of Justice on the issuance and guidance for the use of forms and sample books of criminal records.

and guidelines for using forms and sample criminal record books

__________________________

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. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Article 1. Amending and supplementing certain provisions of Circular No. 13/2011/TT-BTP dated June 27, 2011 issued by the Minister of Justice on the issuance and guidance for the use of forms and sample books of criminal records (hereinafter referred to as Circular No. 13/2011/TT-BTP)

"Article 3. Issuing forms and sample books of criminal records

3. Article 8 shall be amended as follows:

1. Issuing eight types of forms and four sample books of criminal records attached to this Circular (Annex No. 02).
2. The size of the eight types of forms and four sample books of criminal records shall be uniformly used with A4 paper size (210 mm x 297 mm).
3. The system of forms and sample books of criminal records shall be used and stored at the agency managing the criminal record database in the form of paper documents or electronic data. The system of forms and sample books of criminal records in the form of electronic data has the same value of use as the system of forms and sample books of criminal records in paper form.
4. The system of forms and sample books of criminal records in the form of electronic data must meet the following standards:
a) The content, structure, and type of information of the electronic forms and sample books of criminal records must be consistent with the content and format of the forms and sample books issued together with this Circular;
b) The system of forms and sample books of criminal records in the form of electronic data must ensure that they can be exported and printed conveniently during the process of using and storing information in the criminal record database."

2. Clause 2, Clause 3 Article 4 are amended as follows:

"2. The application forms requesting issuance of Criminal Record Certificates for individuals and the documents requesting issuance of Criminal Record Certificates for judicial agencies, state agencies, political organizations, and social-political organizations shall be published on the Ministry of Justice's website (www.moj.gov.vn). Agencies, organizations, and individuals may access the Ministry of Justice's website to download and use these forms free of charge when applying for Criminal Record Certificates.

Individuals, agencies, and organizations coming to apply for Criminal Record Certificates shall be provided with two types of application forms requesting issuance of Criminal Record Certificates and two documents requesting issuance of Criminal Record Certificates according to the models issued together with this Circular by the agency managing the criminal record database free of charge.

3. The agency managing the criminal record database shall organize the use of the eight types of forms and four types of criminal record books issued together with this Circular."

"Article 5. Establishing Criminal Record Numbers and Judgment Numbers

3. Article 5 shall be amended and supplemented as follows:

1. Principles for establishing Criminal Record Numbers:
a) Criminal Record Numbers are established based on the Criminal Record Code Table issued by the agency managing the criminal record database together with this Circular (Annex No. 01);
b) In the criminal record database at the Department of Justice, each person only has one unique Criminal Record Number;
c) The National Criminal Record Center uses the Criminal Record Number established by the Department of Justice to store and manage criminal records in the criminal record database at the National Criminal Record Center.
2. Method for establishing Criminal Record Numbers:
a) A Criminal Record Number includes: the Criminal Record Code under the authority of the National Criminal Record Center or the Department of Justice, the year of establishment of the Criminal Record, and the serial number of the Criminal Record;
b) The Criminal Record Code under the authority of the National Criminal Record Center or the Department of Justice is specified in the Criminal Record Code Table issued by the agency managing the criminal record database;
c) The serial number of the Criminal Record consists of five digits, starting from 00001. This serial number will cycle annually (from January 1 to December 31). After one year, the serial number will revert to 00001.
Example: The Criminal Record Number of Nguyen Van A is established as 25HN2013/00001, where:

- "25HN" is the Criminal Record Code under the authority of the Department of Justice of Hanoi City;

- "2013" is the year of establishment of the Criminal Record for Nguyen Van A;

- "00001" is the serial number of the Criminal Record of Nguyen Van A.

3. Method for establishing Judgment Numbers:

Judgment Numbers are established based on the Criminal Record Number and include the update sequence of judgments.

Example: Nguyen Van A has a Criminal Record Number of 25HN2013/00001, the first judgment updated in his Criminal Record has a Judgment Number of 25HN2013/00001/01, similarly, if another judgment is updated, it would have a Judgment Number of 25HN2013/00001/02.

For Criminal Records established based on appellate criminal judgments and first-instance criminal judgments as stipulated in Clause 3, Article 11 of Circular No. 06/2013/TT-BTP dated February 6, 2013, issued by the Minister of Justice guiding the management, use, and exploitation of the criminal record database (hereinafter referred to as Circular No. 06/2013/TT-BTP), the Judgment Numbers are established as follows:

In cases where Criminal Records are established based on first-instance criminal judgments as stipulated in Point a, Clause 3, Article 11 of Circular No. 06/2013/TT-BTP, the Judgment Number for the appellate judgment updated in the Criminal Record shall use the Judgment Number of the first-instance judgment, adding the symbol PT.

In cases where Criminal Records are established based on appellate criminal judgments as stipulated in Point b, Clause 3, Article 11 of Circular No. 06/2013/TT-BTP, the Judgment Number for the first-instance judgment updated in the Criminal Record shall use the Judgment Number of the appellate judgment, adding the symbol ST."

"Article 5a. Handling Information of Criminal Records of Persons Who Have Resided in Multiple Provinces and Municipalities Directly Under the Central Government

4. Supplementing Article 5a as follows:

1. In cases where the National Criminal Record Center receives Criminal Records of persons who have Criminal Records established by the Department of Justice of the place where they previously resided, the National Criminal Record Center shall perform the following tasks:
a) For paper criminal record files, the National Criminal Record Center shall consolidate the paper criminal record files of such persons into the paper criminal record file of the Department of Justice of the place where they currently reside;
a) For paper criminal history records, the National Criminal Record Center shall consolidate the paper criminal history records of that person with the paper criminal history records of the Department of Justice where such person resides;
b) For electronic criminal history data, the National Criminal History Center shall annotate and link the electronic criminal history records of that person in the electronic criminal history database at the National Criminal History Center;

For the electronic criminal history record established by the Department of Justice where the person resides, annotate: "曾居住于...,已有犯罪记录,犯罪记录编号..."; "现居住于...,已有犯罪记录,犯罪记录编号....".

Example: The National Criminal History Center receives an electronic criminal history with number 25HN2013/00001 from the Department of Justice but the person has another criminal history with number 31HM2011/00012 due to having resided in Ho Chi Minh City. The National Criminal History Center will annotate the electronic criminal history established by the Department of Justice of Hanoi as follows: "曾居住于胡志明市,已有犯罪记录,犯罪记录编号: 31HM2011/00012"; annotate the electronic criminal history established by the Department of Justice of Ho Chi Minh City as follows: "现居住于河内市,已有犯罪记录,犯罪记录编号: 25HN2013/00001".
c) The National Criminal History Center shall notify the Department of Justice where the person currently resides and the Department of Justice where the person previously resided about the person residing in multiple provinces and centrally governed cities.
2. The Department of Justice receiving the notification from the National Criminal History Center shall annotate the criminal history of the convicted person regarding their residence in multiple provinces and centrally governed cities.

11. Other acts infringing upon targets or guard posts according to the provisions of the law."

"Article 6. Updating Personal Information and General Information on Criminal Records in the Criminal History
1. Personal information in the criminal history includes:
a) Personal information of the individual with the criminal history is updated into the corresponding sections in their criminal history;
b) Information on changes and corrections to household registration, information on death certificates, and information on residing in multiple provinces and centrally governed cities of the individual with the criminal history is updated into the Notes section under Personal Information.
2. General information on criminal records in the criminal history is summarized information on judgments updated in the criminal history and recorded in chronological order of updating the judgment.
a) Judgment number is updated in the general information on criminal records according to Clause 3, Article 5 of this Circular;
b) The date when the criminal record is expunged is updated upon receipt of the court's decision to expunge the criminal record, the court's certificate of expungement of the criminal record, or the result of verification confirming the automatic expungement conditions;
c) Supervisory Review/Rewriting:

In case the judgment or decision remains unchanged, it is recorded as "Judgment or Decision Remains Unchanged";

In case the judgment or decision is revoked, it is recorded as "Judgment or Decision Revoked".

6. Article 7 shall be amended and supplemented as follows:

"Article 7. Updating Information on Criminal Records in the Criminal History

1. Information on criminal records is the content of each judgment coded in Part II. "General Information on Criminal Records." Each updated judgment consists of four main parts including:

a) Content of the judgment;

b) Execution status of the judgment: update the content of decisions, certificates, confirmations, and notifications (hereinafter referred to collectively as decisions, certificates) related to the execution process of the judgment;

c) Supervisory Review/Rewriting: update the content of two types of decisions;

In case the criminal history is based on multiple judgments and decisions, information on judgments and decisions revoked by supervisory review or rewriting decisions is processed according to Point d, Clause 1, Article 13 of Circular No. 06/2013/TT-BTP;

d) Expungement of criminal records: update the content of decisions to expunge criminal records, certificates of expungement of criminal records, and results of verifying automatic expungement conditions.

2. In case the convicted person has multiple criminal records, these records are updated in chronological order of receiving criminal history information.

3. Information on the criminal history updated in the Execution Status section includes the following:

a) Criminal history information provided by agencies according to Article 15 of the Criminal History Law, Articles 13, 15, 16, 17, and 18 of Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP dated May 10, 2012, issued by the Ministry of Justice, Supreme People's Court, Supreme People's Procuracy, Ministry of Public Security, and Ministry of Defense guiding procedures and formalities for searching, verifying, exchanging, and providing criminal history information is updated into the corresponding sections in the Execution Status section;

b) Upon receipt of a decision to enforce a fixed-term imprisonment sentence, suspended sentence, non-custodial correctional sentence, death penalty, life imprisonment, or deportation; a decision to terminate appellate proceedings; a decision to entrust enforcement of criminal sentences; or a decision to terminate the enforcement of a fixed-term imprisonment sentence, the agency managing the criminal history database shall update the information into the "Decision to Enforce Criminal Sentences" section in the Execution Status section;

Upon receipt of a decision to entrust enforcement of civil judgments, the agency managing the criminal history database shall update the information into the "Decision to Enforce Monetary Penalties, Litigation Fees, and Other Civil Obligations" section in the Execution Status section;

c) Upon receipt of additional criminal history information during the enforcement process, such as a decision to consolidate penalties; a decision to revoke a decision on enforcement; or a notice of prisoner death, the agency managing the criminal history database shall update this information into the "Other Decisions, Certificates, Confirmations, Notifications" section in the Execution Status section.

4. Update the Expungement section:

a) Upon receipt of a Certificate of Expungement of Criminal Record or a Decision to Expunge Criminal Record, the agency managing the criminal history database shall update the content of the certificate or decision into the corresponding sections, with the certificate or decision clearly stating "Criminal record expunged from... day... month... year...";

b) In the case of verifying the conditions for automatic expungement of criminal records, the agency managing the criminal record database shall update the verification results in the section on Verification of Conditions for Automatic Expungement of Criminal Records as follows:

If the convicted person falls under any of the cases stipulated in Clause 1, Article 18 of 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 Record (hereinafter referred to as Decree No. 111/2010/NĐ-CP), it shall be recorded as "expunged from criminal record".

If the convicted person falls under the case stipulated in Clause 2, Article 18 of Decree No. 111/2010/NĐ-CP, it shall be recorded as "has criminal record".

If the convicted person falls under the case stipulated in Clause 3, Article 18 of Decree No. 111/2010/NĐ-CP, information about automatic expungement of criminal record will not yet be updated in their criminal record but will await the court's judgment result.

7. Supplement Clause 4 of Article 10 as follows:

"4. The criminal record shall be provided to the National Criminal Record Center in paper form or in electronic data format.

The criminal record provided in electronic data format must comply with the provisions on the form of provision set out in Clause 2, Article 8 and the standards for electronic criminal record data as prescribed in Clause 3, Article 15 of Circular No. 06/2013/TT-BTP.

The criminal record provided in paper form must be printed on good quality paper, clearly legible, stamped with the seal of the Department of Justice at the upper left corner where the name of the authority issuing the criminal record is recorded. For multi-page criminal records, they must be stamped with overlapping seals.

The Department of Justice has the duty to send the criminal record to the National Criminal Record Center within fifteen days from the date of completing the issuance of the criminal record.

8. Article 11 shall be amended and supplemented as follows:

"Article 11. Sending supplementary criminal record information

1. In the case where the criminal record is updated with supplementary criminal record information as prescribed in Articles 27, 28, 29, Clause 1, Article 30, and Article 33 of the Law on Criminal Record and Article 13 of Circular No. 06/2013/TT-BTP, based on the updated information in the criminal record, the Department of Justice shall send the National Criminal Record Center the Supplementary Criminal Record Information Provision Form according to the model issued together with this Circular.

2. In the case where the Department of Justice establishes the criminal record and simultaneously updates supplementary criminal record information into the established criminal record, the Department of Justice shall send the National Criminal Record Center the established criminal record containing the updated supplementary criminal record information without sending the Supplementary Criminal Record Information Provision Form as prescribed in Clause 1 of this Article.

3. In the case of receiving decisions and certificates provided by competent authorities as prescribed in Clause 1, Article 18 and Article 19 of the Law on Criminal Record, the National Criminal Record Center shall send copies of these decisions and certificates to the Department of Justice where the convicted person resides as prescribed in Clause 2, Article 22 of the Law on Criminal Record.

4. The Director of the Department of Justice or the authorized person with authority shall sign the Supplementary Criminal Record Information Provision Form and bear responsibility for its contents.

5. The Supplementary Criminal Record Information Provision Form shall be provided in paper form or in electronic data format.

The Supplementary Criminal Record Information Provision Form provided in electronic data format must comply with the provisions on the form of provision set out in Clause 2, Article 8 and the standards for electronic criminal record data as prescribed in Clause 3, Article 15 of Circular No. 06/2013/TT-BTP.

9. Article 13 is amended and supplemented as follows:

"Article 13. Recording the Supplementary Criminal Record Information Provision Form in the case of updating related decisions and certificates regarding the execution of sentences

1. The Supplementary Criminal Record Information Provision Form must clearly record the information about the decisions and certificates updated in the criminal record, including: type of information (name of decision or certificate updated in the criminal record); document number; date of issuance of the document, issuing authority of the document and content of the document.

Example:

2. The content of the document updated in the Supplementary Criminal Record Information Provision Form is specified as follows:

a) In the case of updating a decision on the execution of a fixed-term imprisonment sentence, suspended imprisonment sentence, life imprisonment sentence, non-custodial correctional sentence, death penalty, deportation sentence, then clearly record: main punishment to be executed, additional punishment (if any), time of executing the main punishment.

In the case of updating a decision to terminate appellate proceedings, clearly record: date of terminating appellate proceedings and the effective criminal judgment of first instance.

In the case of updating a decision to entrust the execution of criminal sentences, clearly record: entrusted authority, entrusted sentence, date of entrusting the execution of the sentence.

In the case of updating a decision to terminate the execution of an imprisonment sentence, clearly record: terminated sentence, date of terminating the execution of the imprisonment sentence;

b) In the case of updating a decision to exempt from the execution of a fixed-term imprisonment sentence, a decision to exempt from the execution of a non-custodial correctional sentence, a decision to exempt from the execution of a residence prohibition sentence, a decision to exempt from the execution of a probation sentence, then clearly record: exempted sentence, date of exemption, effective date of the decision;

c) In the case of updating a decision to suspend the execution of an imprisonment sentence, a decision to temporarily suspend the execution of an imprisonment sentence, then clearly record: suspension period or temporary suspension period, effective date of the decision, supervising and managing organization;

d) In the case of updating a decision to reduce the term of imprisonment sentence execution, a decision to reduce the term of non-custodial correctional sentence execution, then clearly record: reduced sentence, reduction period, effective date of the decision;

d) In case of updating a decision to shorten the probation period of suspended sentence, specify: the shortened period, the date and year when the decision becomes effective;

e) In case of updating a certificate confirming completion of serving a prison sentence/punishment of restricted liberty/probation period, specify: the completed punishment, place of residence, continuing supplementary penalties, date and year of completing the punishment;

In case of updating a notification on the result of enforcing an expulsion penalty, specify: the enforcement result of the expulsion penalty, date and year of enforcing the expulsion penalty;

g) In case of updating a decision to accept transfer/enforcement of a decision to accept transfer/Notification on the execution of extradition decision, specify: the content of the decision or notification, date and year when the decision becomes effective;

h) In case of updating a certificate confirming completion of serving a residence restriction sentence, a custodial sentence, a sentence depriving certain civil rights, a prohibition from holding public office, practicing a profession, or performing a specific job, specify: the completed punishment, date and year of completing the punishment;

i) In case of updating a decision to reduce a death penalty, specify: the reduction content, date and year when the decision becomes effective;

k) In case of updating a decision to enforce a fine, confiscation of property, court fees, and other civil obligations, specify: the amounts to be enforced, date and year when the decision becomes effective;

In case of updating a decision to entrust the enforcement of a civil judgment, specify: the entrusted enforcement agency, the judgment to be enforced, date and year of entrusting enforcement;

l) In case of updating a decision to exempt, reduce, or suspend enforcement of civil obligations payable to the state budget, or a decision to terminate civil enforcement proceedings, specify: the exempted, reduced, or terminated punishment, date and year when the decision becomes effective;

m) In case of updating a certificate confirming the result of civil judgment enforcement, specify: the confirmation content (full or partial), remaining civil obligations to be enforced (if any);

n) In case of updating a certificate confirming completion of serving a fine, confiscation of property, court fees, and other civil obligations in a criminal judgment, specify: the confirmation content, date and year of completing the punishment;

o) In case of updating a certificate of amnesty, specify: the date of early release due to amnesty, place of residence after amnesty, continuing supplementary penalties (if any);

In case of updating a certificate of general amnesty, specify: certificate number, date and year of issuance, issuing authority, amnesty decision number, date and year of general amnesty release, place of residence after general amnesty;

p) In case of updating other decisions or certificates, specify: the content of the decision or certificate according to the updated information in the Criminal Record, date and year when the document becomes effective;

q) In case of updating a cassation decision, a retrial decision, a certificate of expungement, or an expungement decision, specify: document number, date and year of issuance, court issuing the decision or issuing the certificate, content of the decision or certificate, date and year when the document becomes effective;

r) In case of updating the verification result of conditions for automatic expungement, specify: verification date and location, verification result;

10. Supplement Article 13a as follows:

"Article 13a. Submitting additional or corrected information in cases where the criminal record is incomplete or contains errors

1. In cases of providing additional or corrected information to the National Criminal Record Center as stipulated in Clause 3, Article 24 of the Criminal Record Law or upon request of the National Criminal Record Center, the Department of Justice shall update or correct the criminal record information in writing for the National Criminal Record Center.

2. The document on updating or correcting information by the Department of Justice shall include the following contents: criminal record code; full name and date of birth of the person with the criminal record; content of the additional or corrected information.

In cases of updating or correcting information including the criminal record code, full name of the person with the criminal record, and all updated judgment, decision, or certificate information in the criminal record, the Department of Justice shall send the document along with the updated and corrected criminal record.

In cases of updating or correcting other personal information or information about judgments, decisions, or certificates in the criminal record, the Department of Justice shall only send the document containing the updated or corrected information specifying the content of the updates or corrections.

In cases of updating or correcting information for multiple individuals, the Department of Justice shall send the document along with a list of updated and corrected criminal records.

3. In cases where additional or corrected information needs to be submitted to the Department of Justice, the National Criminal Record Center shall notify in writing about the need to update or correct the criminal record information along with related documents.

In cases of updating or correcting information for multiple individuals, the National Criminal Record Center shall send the document along with a list of updated and corrected information.

11. Point b, Clause 1, Article 14 is amended and supplemented as follows:

"b) For persons who have been convicted but do not meet the conditions for expungement, record "Has criminal record" and specify the content of the judgment in the relevant columns of the Criminal Record Certificate.

In cases where a person receiving a Criminal Record Certificate has a criminal record that was tried through appellate proceedings, update this criminal record in Criminal Record Certificate No. 1 as follows:

The content to be updated in the column "judgment number, date and year, court that issued" shall be based on the information from the criminal appellate judgment.

In cases where the criminal appellate judgment does not accept the appeal or protest and maintains the original criminal first-instance judgment, update the information about the offense, principal penalty, and supplementary penalty from the original criminal first-instance judgment in the Criminal Record Certificate.

In case the criminal appellate judgment amends the contents regarding the charge, principal punishment, and additional punishment of the criminal first-instance judgment, update the amended contents regarding the charge, principal punishment, and additional punishment according to the appellate judgment into the Criminal Record Form.

In case the criminal appellate judgment only amends one of the contents regarding the charge, principal punishment, and additional punishment of the criminal first-instance judgment, the National Criminal Record Center, Department of Justice shall update the amended contents according to the criminal appellate judgment and the unaltered contents of the criminal first-instance judgment into the Criminal Record Form.

12. Point b, c Clause 2 Article 14 is amended and supplemented as follows:

"b) For those who have been convicted, only record the conviction details in the corresponding boxes and sections of the Criminal Record Form and fully record the erased convictions, the time when the convictions were erased, and the unerased convictions.

For any conviction that does not contain the contents in the Additional Punishment, Civil Obligations, and Court Fees sections, mark "//" in those sections.

TIn case a person has multiple convictions, information about their convictions is recorded in chronological order based on the time of conviction.

In case a person is sentenced through the appellate procedure, that conviction is updated into Criminal Record Form number 2, specifically as follows:

The content updated in the section "Judgment number... dated... month... year... of the Court..." is updated according to the information from the criminal appellate judgment.

In case the criminal appellate judgment does not accept the appeal or protest and maintains the original first-instance judgment, update the content of the original first-instance judgment into the Criminal Record Form, and simultaneously update the note section with "maintaining the original first-instance judgment number... dated... month... year of the Court...".

In case the criminal appellate judgment amends the contents regarding the charge, provisions of the Penal Code applied, principal punishment, additional punishment, civil obligations, and court fees of the original first-instance judgment, update the amended contents according to the appellate judgment into the Criminal Record Form, and simultaneously update the note section with "amending the original first-instance judgment number... dated... month... year of the Court...".

In case the criminal appellate judgment only amends one of the contents regarding the charge, provisions of the Penal Code applied, principal punishment, additional punishment, civil obligations, and court fees of the original first-instance judgment, update the amended contents according to the criminal appellate judgment and the unaltered contents of the original first-instance judgment into the Criminal Record Form, and simultaneously update the note section with the contents that have been amended according to the criminal appellate judgment;

c) The content regarding "Execution status" is recorded according to the updated information in the individual's criminal record at the time of requesting the Criminal Record Form.

Example: At the time of requesting the Criminal Record Form, if the criminal record of Nguyen Van A is updated up to the section "Decision to suspend execution of custodial sentence", then in the Criminal Record Form number 2 of Nguyen Van A, the section "Execution status" records as: Suspension of execution of custodial sentence according to Decision number..., dated..., month..., year... of the People's Court...

In case a convicted person has had their conviction erased, the section "Execution status" clearly states: "Completed execution of the judgment".

13. Article 15 is amended as follows:

"Article 15. Authority to sign the Criminal Record Form

The Director of the National Criminal Record Center, the Director of the Department of Justice, or the authorized representative has the authority to sign the Criminal Record Form and is responsible for the content of the Criminal Record Form."

14. Article 16 is amended and supplemented as follows:

"Article 16. Use and protection of criminal record books
1. Information in the criminal record book must be continuously updated without leaving blanks. The serial number in the book must be continuous until December 31 of each year, starting from number 01.
2. The updating, storage, and protection of electronic criminal record books are carried out as follows:
a) Serial numbers in electronic criminal record books are regulated as stipulated in Clause 1 of this Article;
b) The agency managing the criminal record database is responsible for implementing storage and protection measures for electronic criminal record books in accordance with Article 23 of Decree No. 111/2010/ND-CP and Section 3 Chapter II of Circular No. 06/2013/TT-BTP.
3. The recording, storage, and protection of paper-based criminal record books are carried out as follows:
a) Criminal record books must be written continuously page by page without leaving blanks. If the end of the year is reached before the last page of the book is filled, use another book and continue the serial number from the previous book; if the end of the year is reached but the book is not fully used, continue using it for the next year, starting from number 01. The first serial number of the year using the book must clearly state 01/year using the book;

Example: The first serial number in 2013 is 01/2013.

b) On the cover of the book, the volume number is the number of the book in the year, clearly stating the date of opening and closing the book.

Example 1: In 2013, only one book was used, then on the cover of the book, it should clearly state:

- Volume number: 01/2013;

- Opened: January 1, 2013;

- Closed: December 31, 2013.

Example 2: Opened the book in 2013 but did not finish using it by the end of the year, continued using it for 2014, and finished using it on March 1, 2014, then on the cover of the book, it should clearly state:

- Volume number: 01/2013, 01/2014;

-- Opened: January 1, 2013;

- Closed: March 1, 2014.

c) Criminal record books must be stamped across pages. When the criminal record book is fully used, the closing of the book must be performed. When closing the criminal record book, clearly record the total number of pages and the total number of cases recorded in the book. The head of the agency managing the criminal record database signs and stamps the seal of the agency managing the criminal record database;
d) The cover of the book must use hard paper of good quality. Criminal record books must be stored and preserved for long-term use, serving the management of criminal records;
đ) The agency managing the criminal record database is responsible for implementing measures to protect against insects, mold, acid, and other factors causing damage to criminal record books.

4. Information on changes and corrections to household registration records and death certificates shall be recorded in a separate receipt book in accordance with Clause 1 of Article 20 of Circular No. 06/2013/TT-BTP, including the following contents: serial number, date of receipt, issuing authority, document code, full name, type of information, and person receiving.

Article 2. Issuing the Code of Criminal Record of the agency managing the criminal record database, List of Forms and Sample Books of Criminal Records, and accompanying forms and sample books of Criminal Records under this Circular as follows:

1. Issuing the Code of Criminal Record of the agency managing the criminal record database to replace the Code of Criminal Record of the agency managing the criminal record database attached to Circular No. 13/2011/TT-BTP.

2. Issuing the List of Forms and Sample Books of Criminal Records to replace the List of Forms and Sample Books of Criminal Records attached to Circular No. 13/2011/TT-BTP.

3. Issuing eight forms and four sample books of Criminal Records to replace eight forms and five sample books of Criminal Records attached to Circular No. 13/2011/TT-BTP as follows:

a) Criminal Record: form number 01/2013/TT-LLTP replacing form number 01/TT-LLTP;

b) Supplementary Criminal Record Information Provision Form: form number 02/2013/TT-LLTP replacing form number 02/TT-LLTP;

c) Application for Issuance of Criminal Record Certificate Form: form number 03/2013/TT-LLTP replacing form number 03/TT-LLTP;

d) Application for Issuance of Criminal Record Certificate Form in case of authorization request for issuance of Criminal Record Certificate Number 1 and individual being the parent of a minor requesting Criminal Record Certificate Number 2: form number 04/2013/TT-LLTP replacing form number 04/TT-LLTP;

đ) Request for Issuance of Criminal Record Certificate Number 1 for State Agencies, Political Organizations, and Social Political Organizations: form number 05a/2013/TT-LLTP replacing form number 05a/TT-LLTP;

e) Request for Issuance of Criminal Record Certificate Number 2 for Judicial Proceedings Agencies: form number 05b/2013/TT-LLTP replacing form number 05b/TT-LLTP;

g) Criminal Record Certificate Number 1: form number 06/2013/TT-LLTP replacing form number 06/TT-LLTP;

h) Criminal Record Certificate Number 2: form number 07/2013/TT-LLTP replacing form number 07/TT-LLTP;

i) Criminal Record Information Receipt Book: sample book number 08/2013/TT-LLTP replacing sample book number 08/TT-LLTP;

k) Criminal Record Information Provision Book: sample book number 09/2013/TT-LLTP replacing sample book number 09/TT-LLTP;

l) Criminal Record Certificate Issuance Book: sample book number 10/2013/TT-LLTP replacing sample book number 10/TT-LLTP (Criminal Record Certificate Issuance Book Number 1) and sample book number 11/TT-LLTP (Criminal Record Certificate Issuance Book Number 2);

m) Criminal Record File Storage Book: sample book number 11/2013/TT-LLTP replacing sample book number 12/TT-LLTP.

Article 3. Effectiveness

1. This Circular takes effect from January 10, 2014.

2. During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals should promptly report in writing to the Ministry of Justice for research and guidance on resolution.