Law on Criminal Record No. 28/2009/QH12

LAW

Criminal Record

______

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

The National Assembly enacts the Law on Criminal Record.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates procedures and formalities for providing, receiving, updating criminal record information; establishing criminal records; organizing and managing criminal record databases; issuing Criminal Record Certificates; and state management of criminal records.

In this Law, the following terms shall be understood as follows:

1. Criminal Record It is a record of criminal history based on criminal judgments and decisions of courts that have become legally effective, the status of enforcement of sentences, and prohibitions on individuals from holding positions, establishing, and managing enterprises and cooperatives when such enterprises or cooperatives are declared bankrupt by the court.

3. Criminal record information regarding prohibition from holding positions, establishing, and managing enterprises and cooperatives includes information about individuals prohibited from holding positions, establishing, and managing enterprises and cooperatives; the prohibited positions, the period during which they are not allowed to establish or manage enterprises and cooperatives according to the court's decision declaring bankruptcy.

4. Criminal Record Certificate is a certificate issued by the criminal record database management agency with the value of proving whether an individual has or does not have a criminal record, is or is not prohibited from holding positions, establishing, and managing enterprises and cooperatives when such enterprises or cooperatives are declared bankrupt by the court.

Article 3. Purpose of criminal record management

1. To meet the requirement of proving whether an individual has or does not have a criminal record, is or is not prohibited from holding positions, establishing, and managing enterprises and cooperatives when such enterprises or cooperatives are declared bankrupt.

2. To record the cancellation of criminal records, creating conditions for individuals who have been convicted to reintegrate into society.

3. To support criminal proceedings and criminal judicial statistics.

Article 4. Principles of criminal record management

1. Criminal records can only be established based on criminal judgments and decisions of courts that have become legally effective; decisions of courts declaring enterprises and cooperatives bankrupt that have become legally effective.

2. Ensuring respect for the privacy of individuals.

3. Criminal record information must be provided, received, updated, and processed fully and accurately in accordance with the procedures and formalities prescribed in this Law. The agency issuing Criminal Record Certificates is responsible for the accuracy of the information in the Criminal Record Certificates.

Article 5. Subjects of criminal record management

1. Vietnamese citizens convicted by Vietnamese courts' criminal judgments that have become legally effective, or by foreign courts' criminal judgments or criminal records of convicted persons provided by foreign competent authorities under international treaties on mutual legal assistance in criminal matters or on reciprocity. 2. Foreign nationals convicted by Vietnamese courts' criminal judgments that have become legally effective.

3. Vietnamese citizens and foreign nationals prohibited from holding positions, establishing, and managing enterprises and cooperatives in decisions declaring bankruptcy that have become legally effective by Vietnamese courts. has taken legal effect.

3. Vietnamese citizens, foreigners prohibited from holding positions, establishing, managing enterprises, cooperatives by the Vietnamese court's bankruptcy declaration decision that has taken legal effect.

Courts, Procuratorates, civil enforcement agencies, competent authorities under the Ministry of Public Security, enforcement agencies under the Ministry of National Defense, and relevant agencies and organizations shall be responsible for providing complete, accurate judicial records information in accordance with the prescribed procedures and regulations stipulated in this Law and other relevant provisions to the agency managing the judicial records database. legal regulations.

1. Vietnamese citizens, foreigners who have resided or are currently residing in Vietnam have the right to request issuance of their own Judicial Record Certificate.

2. Agencies conducting litigation proceedings have the right to request issuance of a Judicial Record Certificate for investigative, prosecution, and adjudicative purposes.

3. State agencies, political organizations, and socio-political organizations have the right to request issuance of a Judicial Record Certificate for personnel management, business registration, establishment, and management of enterprises and cooperatives.

Article 8. Prohibited Acts

1. Unauthorized exploitation, use, distortion, or destruction of judicial records data.

2. Provision of false judicial records information.

3. Forgery of documents requesting issuance of a Judicial Record Certificate.

4. Erasure, alteration, or forgery of a Judicial Record Certificate.

5. Issuance of a Judicial Record Certificate containing false information, beyond authority, or to unauthorized individuals.

6. Unauthorized use of another person's Judicial Record Certificate, infringing upon personal privacy.

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

3. The Ministry of Justice shall be accountable to the Government for implementing state management of judicial records and shall have the following tasks and authorities:

a) Submitting to competent state agencies for promulgation or promulgating within its authority normative legal documents on judicial records;

b) Directing and organizing the implementation of normative legal documents on judicial records; disseminating and educating the law on judicial records; training and enhancing the professional skills of civil servants engaged in judicial record work;

c) Managing the judicial records database at the National Judicial Records Center;

d) Ensuring material resources and working tools for the National Judicial Records Center;

đ) Directing and guiding professional activities related to judicial records;

e) Inspecting, auditing, handling violations, and resolving complaints and accusations within its authority regarding the implementation of laws on judicial records;

g) Issuing and managing uniformly all forms, documents, and ledgers on judicial records;

h) Implementing the application of information technology in building databases and managing judicial records;

i) Implementing international cooperation in the field of judicial records;

k) Regularly reporting annually to the Government on the management of judicial records activities.

4. The Ministry of Public Security, the Ministry of National Defense, the Ministry of Foreign Affairs, and other ministries and ministerial-level agencies within their respective duties and authorities shall cooperate with the Ministry of Justice in implementing state management of judicial records.

5. Provincial People's Committees (hereinafter referred to as Provincial People's Committees) shall manage state affairs concerning judicial records at the local level and shall have the following tasks and authorities:

a) Directing and organizing the implementation of normative legal documents on judicial records; disseminating and educating the law on judicial records;

b) Ensuring staffing, material resources, and working tools for local judicial records management activities;

c) Inspecting, auditing, handling violations, and resolving complaints and accusations within their authority regarding the implementation of laws on judicial records;

d) Implementing the application of information technology in building databases and managing judicial records according to the guidance of the Ministry of Justice;

đ) Regularly reporting annually to the Ministry of Justice on local judicial records management activities.

1. Individuals requesting the issuance of a Criminal Record Certificate must pay the fee.

2. The amount of the fee, management, and utilization of fees for issuing Criminal Record Certificates shall be carried out in accordance with the provisions of the law.

PART II

ORGANIZATION AND MANAGEMENT OF CRIMINAL RECORD DATABASES

1. The criminal record database is a collection of criminal records information on criminal history, information on prohibition from holding positions, establishment, and management of enterprises and cooperatives, updated and processed in accordance with the provisions of this Law.

2. The criminal record database is established and managed at the National Criminal Record Center under the Ministry of Justice and at the Department of Justice.

The Government shall specify in detail the organization of the National Criminal Record Center.

2. Guiding the construction, management, exploitation, and protection of the criminal record database at the Department of Justice.

3. Receiving, updating, and processing criminal record information provided by the Supreme People's Procuracy, competent agencies under the Ministry of Public Security, enforcement agencies under the Ministry of Defense, and the Department of Justice.

4. Receiving criminal records provided by the Department of Justice.

5. Providing criminal record information to the Department of Justice.

6. Establishing criminal records and issuing Criminal Record Certificates within its authority..

7. Providing criminal record information of foreign nationals sentenced by Vietnamese courts upon request of the Supreme People's Procuracy.

8. Implementing statistical and reporting systems regarding the management of the criminal record database nationwide.

Tasks of the Department of Justice in managing the criminal record database

2. Receiving, updating, and processing criminal record information provided by the courts, relevant agencies and organizations, and the National Criminal Record Center.

3. Establishing criminal records and issuing Criminal Record Certificates within its authority.

4. Providing criminal records and supplementary information to the National Criminal Record Center; providing criminal record information to other Departments of Justice.

5. Implementing statistical and reporting systems regarding the management of the criminal record database locally.

Article 14. Protection and Storage of the Criminal Record Database

The criminal record database is a national asset that must be strictly protected, secured, and stored long-term.

Only authorized persons may access and exploit the criminal record database.

The Government shall specify in detail the protection and storage of the criminal record database.

PROVISION, RECEIPT, UPDATE, AND PROCESSING

PART III

INFORMATION ON CRIMINAL RECORDS AND ESTABLISHMENT OF CRIMINAL RECORDS
PROVISION AND RECEIPT OF INFORMATION

Section 1

CRIMINAL RECORDS ON CRIMINAL HISTORY
Article 15. Sources of Information on Criminal Records

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;

3. Decisions on execution of criminal sentences;

4. Decisions on exemption from serving criminal penalties;

5. Decisions on reduction of the term of serving criminal penalties;

6. Decisions on suspension of imprisonment;

7. Decisions on temporary cessation of imprisonment;

8. Decisions on exemption or reduction of obligations to execute criminal sentences concerning payments to the state budget;

9. Certificates confirming completion of imprisonment; notifications of results of executing expulsion penalties;

10. Certificates confirming completion of non-custodial sentences, suspended imprisonment, and additional penalties;

11. Decisions on execution of fines, confiscation of assets, court fees, and other civil obligations of convicted persons; decisions on termination of execution of sentences; certificates confirming results of execution of sentences; notifications of termination of execution of sentences when convicted persons have fulfilled their obligations;

12. Decisions on commutation of death sentences;

13. Certificates of amnesty and general amnesty;

14. Decisions on expungement of criminal records;

15. Certificates of automatic expungement of criminal records;

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

17. Decisions of Vietnamese courts on extradition for execution of sentences in Vietnam;

decisions of Vietnamese courts on acceptance of transfer of prisoners; notifications of decisions on amnesty, general amnesty, exemption, or reduction of penalties by the transferring country for prisoners; 18. Notifications on implementation of decisions on extradition of convicted persons, decisions on transfer of prisoners in Vietnam at the request of competent authorities of foreign countries.

18. Notification regarding the execution of the extradition decision for convicted persons, the transfer decision for persons serving custodial sentences in Vietnam at the request of foreign competent authorities.

1. The court that has conducted the first-instance trial shall have the duty to send the following documents to the Department of Justice where such court is located:

a) Extracts of the effective criminal judgment of the first instance, extracts of the criminal judgment of the second instance;

b) Decisions on supervisory review and retrial in criminal cases;

c) Decisions on reducing the death penalty;

d) Decisions on enforcing criminal sentences;

đ) Decisions on suspending the execution of imprisonment sentences;

e) Decisions on expunging criminal records;

g) Certificates of automatic expungement of criminal records.

2. The court that has issued decisions shall have the duty to send the following decisions to the Department of Justice where such court is located:

a) Decisions on exempting from the execution of sentences;

b) Decisions on reducing the duration of sentence execution;

c) Decisions on temporarily suspending the execution of imprisonment sentences;

d) Decisions on exempting or reducing obligations under enforcement judgments concerning payments to the state budget;

đ) Decisions on accepting the transfer of persons serving sentences of imprisonment as stipulated in Clause 17, Article 15 of this Law.

3. The deadline for sending extracts of judgments, decisions, and certificates prescribed in Clauses 1 and 2 of this Article is 10 days, starting from the date when the judgment or decision becomes legally effective or from the date of receipt of the judgment or decision or from the date of issuance of the certificate.

4. The content of the judgment extract prescribed in Point a, Clause 1 of this Article includes:

a) Name, gender, date of birth, place of birth, nationality, place of permanent residence or temporary residence, name of father, mother, spouse of the convicted person;

b) Date of sentencing, case number, court issuing the judgment, crime, applicable legal provisions, principal punishment, additional punishment, civil obligations in the criminal judgment, court fees.

5. For the decisions and certificates prescribed in Clauses 1 and 2 of this Article, the original or copy of the decision or certificate shall be sent.

The Supreme People's Procuracy shall have the duty to send copies of judgment extracts and criminal record extracts of Vietnamese citizens provided by competent authorities of foreign countries to the National Judicial Record Center within 10 days from the date of receipt of the judgment extracts or criminal record extracts.

1. Wardens of prisons and detention centers shall have the duty to send certificates of completion of imprisonment sentences and certificates of amnesty and general pardon to the National Judicial Record Center within 10 days from the date of issuance of the certificates.

2. Agencies under the Ministry of Public Security responsible for immigration management shall have the duty to send notifications on the enforcement of deportation penalties to the National Judicial Record Center within 10 days from the date of enforcement of the penalty.

3. Competent agencies under the Ministry of Public Security shall have the duty to send notifications on the implementation of extradition decisions and decisions on transferring persons serving sentences of imprisonment in Vietnam to the National Judicial Record Center within 10 days from the date of enforcement of the decision.

4. Competent agencies under the Ministry of Public Security shall have the duty to send notifications on decisions on amnesty, general pardon, exemption, and reduction of penalties by the transferring country for persons serving sentences of imprisonment to the National Judicial Record Center within 10 days from the date of receipt of the notification.

1. Wardens of prisons and detention centers shall have the duty to send certificates of completion of imprisonment sentences and certificates of amnesty and general pardon to the National Judicial Record Center within 10 days from the date of issuance of the certificates.

2. The enforcement agency of military regions and equivalent agencies shall have the duty to send decisions, confirmation certificates, and notification documents prescribed in Clause 11, Article 15 of this Law to the National Criminal Record Center within ten days from the date of issuance of the decision, issuance of the confirmation certificate, or from the date when the convicted person has completed their execution of the sentence.

Civil enforcement agencies shall have the duty to send decisions, confirmation certificates, and notification documents prescribed in Clause 11, Article 15 of this Law to the Department of Justice where such agencies are headquartered within ten days from the date of issuance of the decision, issuance of the confirmation certificate, or from the date when the convicted person has completed their execution of the sentence.

Agencies and organizations authorized to issue certificates confirming completion of suspended imprisonment sentences, conditional sentences, and additional penalties shall have the duty to send these certificates to the Department of Justice where such agencies and organizations are headquartered within ten days from the date of issuance of the certificates.        

1. Receiving fully and promptly criminal record information on criminal records provided by the Supreme People's Procuracy, competent agencies under the Ministry of Public Security, and enforcement agencies under the Ministry of National Defense. The receipt of criminal record information on criminal records must be recorded in a receipt book according to a model prescribed by the Minister of Justice.

2. Sending copies of decisions, certificates, confirmation certificates, and notification documents provided by competent agencies according to Clause 1, Article 18 and Article 19 of this Law to the Department of Justice where the convicted person usually resides; if the place of usual residence cannot be determined, then sending them to the Department of Justice where the person temporarily resides within ten days from the date of receipt of the decisions, certificates, confirmation certificates, and notification documents.

1. The Department of Justice shall have the duty to receive fully and promptly criminal record information on criminal records provided by agencies and organizations according to this Law.

In cases where the convicted person usually resides in another province or centrally-administered city, the Department of Justice shall have the duty to send the criminal record information of that person to the Department of Justice where the person usually resides within ten days from the date of receipt of the information; if the place of usual residence of the convicted person cannot be determined, then sending the criminal record information to the Department of Justice where the person temporarily resides; if neither the place of usual residence nor the place of temporary residence can be determined, the Department of Justice shall send the criminal record information to the National Criminal Record Center.

2. The receipt of criminal record information on criminal records at the Department of Justice must be recorded in a receipt book according to a model prescribed by the Minister of Justice.

1. In cases where judicial records information is incomplete or contains errors, the judicial records database management agency shall request the agencies or organizations that provided the information to supplement and correct it.

2. Courts, Procuratorates, civil enforcement agencies, competent agencies under the Ministry of Public Security, enforcement agencies under the Ministry of National Defense, and related agencies and organizations have the duty to provide information to the judicial records database management agency within ten days from the date of receiving the request for supplementation and correction.

Article 25. Forms of Providing Judicial Records Information on Criminal Records

Judicial records information on criminal records shall be sent directly, through postal service, or via the Internet or computer network.

Section 2

ESTABLISHING JUDICIAL RECORDS, UPDATING AND HANDLING
INFORMATION ON JUDICIAL RECORDS REGARDING CRIMINAL RECORDS

1. The Department of Justice at the place of permanent residence of the convicted person shall establish their judicial record; if the place of permanent residence cannot be determined, the Department of Justice at the place of temporary residence shall establish the judicial record.

The judicial record shall be established in two copies, one copy managed by the Department of Justice and one copy transferred to the National Judicial Records Center.

2. The National Judicial Records Center shall establish and retain judicial records in the following cases:

a) If the place of permanent residence or temporary residence of the convicted person cannot be determined;

b) The convicted person is extradited for enforcement of sentence or transferred to serve custodial sentences in Vietnam;

c) Receiving a copy of the judgment or criminal record of a Vietnamese citizen provided by the Supreme People's Procuracy pursuant to Article 17 of this Law.

3. Judicial records shall be established based on sources of judicial records information on criminal records as stipulated in Article 15 of this Law.

4. A separate judicial record shall be established for each convicted person with the following contents:

a) Surname, name, gender, date of birth, place of birth, nationality, place of residence, identification card number or passport number, surname and name of parents, spouse of the person;

b) Date of sentencing, judgment number, court issuing the judgment, offense, applicable law provisions, principal punishment, additional punishment, civil obligations in criminal judgments, fines, execution status.

5. In cases where a person is convicted of multiple offenses and the punishments are combined according to the Penal Code, the judicial record of such person shall clearly state each offense, applicable law provisions, and the combined punishment for those offenses.

In cases where a judicial record of a person has been established, and subsequently there is a court decision regarding exemption from execution of punishment, reduction of sentence duration, suspension of custodial sentence execution, or temporary suspension of sentence execution, the Department of Justice shall update this information in the judicial record of the person.

1. In cases where the cassation or re-trial decision does not accept the protest and maintains the original judgment or decision that has taken legal effect, the Department of Justice shall record the content of such decision in the criminal record.

2. In cases where the cassation or re-trial decision revokes the judgment or decision that has taken legal effect, the Department of Justice shall update the criminal record information as follows:

a) In cases where the criminal record is established solely based on the revoked judgment or decision, the criminal record shall be deleted from the criminal record database;

b) In cases where the criminal record is established based on multiple judgments or decisions, the information about the revoked judgment or decision in the criminal record shall be deleted.

In cases where a person's criminal record has been established and subsequently they are sentenced to another judgment, the Department of Justice shall supplement the information of the subsequent judgment into the criminal record of that person.

1. Upon receiving a certificate confirming the completion of serving non-custodial punishment, suspended imprisonment, and additional penalties; a decision to suspend execution of the sentence; or a notification of the termination of execution of the sentence in cases where the convicted person has fulfilled their obligations, the Department of Justice shall record this information in the criminal record of that person according to the content of the certificate, decision, or notification.

2. Upon receiving a certificate confirming the completion of serving imprisonment, the National Criminal Record Center shall record this information in the criminal record of that person according to the content of the certificate; in cases of special amnesty, it shall record "completed serving imprisonment pursuant to the special amnesty decision"; in cases of general amnesty, it shall record "exempted from criminal responsibility pursuant to the general amnesty decision."

In cases where a person who has been sentenced has served the deportation penalty, the National Criminal Record Center shall record "deported" in the criminal record of that person.

1. In cases where Vietnamese citizens have a criminal record and are then extradited to serve the sentence or transferred to serve the prison term in Vietnam, the National Criminal Record Center shall record this information in the criminal record of that person according to the content of the extradition decision or the reception transfer decision.

2. In cases where Vietnamese citizens have a criminal record and subsequently receive a copy of the judgment or criminal record from a foreign authority, the National Criminal Record Center shall update the information according to Article 29 of this Law.

3. In cases where a notification is received regarding a foreign decision to exempt, reduce, grant special amnesty, or general amnesty to Vietnamese citizens sentenced by foreign courts and currently serving sentences in Vietnam, the National Criminal Record Center shall record this information in the criminal record of that person according to Article 27 and Clause 2 of Article 30 of this Law.

1. In cases where a convicted person is automatically expunged of their criminal record, the Department of Justice shall update the information as follows:

a) Upon receiving a certificate of expungement from the court, record "expunged of criminal record" in the criminal record of that person;

b) Upon determining that the convicted person meets the conditions for automatic expungement of their criminal record under the Penal Code, record "expunged of criminal record" in the criminal record of that person.

2. In cases where a court decides to expunge the criminal record of a convicted person according to the Penal Code and the Criminal Procedure Code, the Department of Justice shall record "expunged of criminal record" in the criminal record of that person.

In cases where judicial records information is updated according to the provisions of Articles 27, 28, 29, Clause 1 of Article 30, and Article 33 of this Law, the Department of Justice must send such information to the National Judicial Records Center within five working days from the date of completing the information update. The National Judicial Records Center updates the judicial records database immediately upon receipt of the additional information.

The Minister of Justice shall prescribe the form for providing additional judicial records information.

Article 35. Processing Judicial Records Information When Criminal Offenses Are Expunged

In cases where a person is convicted of a crime but that criminal offense is expunged according to the provisions of the Penal Code, the information about that crime shall be expunged from that person's judicial records.      

Section 3

INFORMATION ON PROHIBITION FROM ASSUMING POSITIONS, ESTABLISHING,
MANAGING ENTERPRISES, COOPERATIVES PURSUANT TO
DECISIONS ANNOUNCING BANKRUPTCY

Article 36. Sources of Judicial Records Information on Prohibition from Assuming Positions, Establishing, Managing Enterprises, Cooperatives

Judicial records information on prohibition from assuming positions, establishing, managing enterprises, cooperatives is established based on decisions announcing bankruptcy that have taken legal effect issued by the Court in accordance with the Bankruptcy Law.

1. The Court that issues the decision declaring bankruptcy of an enterprise or cooperative shall send a copy of the decision declaring bankruptcy, including the content prohibiting individuals from assuming positions, establishing, managing enterprises, cooperatives, to the Department of Justice at the location of the Court within ten days from the date the decision takes legal effect.

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

a) Name, gender, date of birth, place of birth, nationality, place of permanent residence or temporary residence of the individual prohibited from assuming positions, establishing, managing enterprises, cooperatives;

b) Prohibited positions, period during which establishment and management of enterprises, cooperatives are not allowed.

3. The Department of Justice has the duty to receive judicial records information on prohibition from assuming positions, establishing, managing enterprises, cooperatives provided by the Court.

In cases where the individual prohibited from assuming positions, establishing, managing enterprises, cooperatives resides in another province or centrally-administered city, the Department of Justice shall send the judicial records information of that individual to the Department of Justice at their place of permanent residence within ten days from the date of receiving the information; if the place of permanent residence cannot be determined, the judicial records information shall be sent to the Department of Justice at their place of temporary residence.

The reception of judicial records information on prohibition from assuming positions, establishing, managing enterprises, cooperatives must be recorded in the reception logbook according to the form prescribed by the Minister of Justice.

1. In cases where an individual prohibited from assuming positions, establishing, managing enterprises, cooperatives by the Court does not yet have judicial records, the Department of Justice at their place of permanent residence or temporary residence shall establish judicial records based on the Court’s decision declaring bankruptcy with the contents prescribed in Clause 2 of Article 37 of this Law.

The judicial record shall be established in two copies, one copy managed by the Department of Justice and one copy transferred to the National Judicial Records Center.

2. In cases where an individual prohibited from assuming positions, establishing, managing enterprises, cooperatives by the Court according to the decision declaring bankruptcy already has judicial records, the Department of Justice shall record the information in their judicial records according to the Court’s decision and send the information to the National Judicial Records Center. The updating of additional information shall be carried out according to the provisions of Article 34 of this Law.

Article 39. Processing of criminal record information when the period during which establishment and management of enterprises and cooperatives is prohibited has expired

Information regarding the prohibition on establishing and managing enterprises and cooperatives shall be removed from the individual's criminal record upon expiration of the period specified in the bankruptcy declaration decision of the Court.

Article 40.Forms for providing criminal record information about prohibition on holding positions, establishment, and management of enterprises and cooperatives

Criminal record information concerning prohibitions on holding positions, establishing, and managing enterprises and cooperatives shall be provided directly, via postal service, or through the Internet or computer network.

ISSUANCE OF CRIMINAL RECORD CERTIFICATE

Section 1

CRIMINAL RECORD CERTIFICATE

1. The Criminal Record Certificate includes:

a) Criminal Record Certificate Number 1 issued to individuals and organizations prescribed in Clause 1 and Clause 3, Article 7 of this Law;

b) Criminal Record Certificate Number 2 issued to judicial organs prescribed in Clause 2, Article 7 of this Law and issued upon request of an individual so that they can know the content of their criminal record.

2. The Minister of Justice shall prescribe the format of the Criminal Record Certificate.

1. Surname, name, gender, date of birth, place of birth, nationality, place of residence, identification card number or passport number of the person receiving the Criminal Record Certificate.

2. Criminal history status:

a) For individuals not convicted, it shall state "no criminal record". In cases where an individual has been convicted but does not yet meet the conditions to have their criminal record expunged, it shall state "has criminal record", specifying the offense, principal punishment, and additional punishment;

b) For individuals whose criminal records have been expunged and such information has been updated in the criminal record, it shall state "no criminal record";

c) For individuals granted amnesty and such information has been updated in the criminal record, it shall state "no criminal record".

3. Information on prohibition from holding positions, establishing, and managing enterprises and cooperatives:

a) For individuals not prohibited from holding positions, establishing, and managing enterprises and cooperatives according to the bankruptcy declaration decision, it shall state "not prohibited from holding positions, establishing, and managing enterprises and cooperatives";

b) For individuals prohibited from holding positions, establishing, and managing enterprises and cooperatives according to the bankruptcy declaration decision, it shall specify the position prohibited, the period during which establishment and management of enterprises and cooperatives is prohibited.

In cases where there is no request from individuals, organizations, the contents prescribed in this clause shall not be recorded on the Criminal Record Certificate.

1. Surname, name, gender, date of birth, place of birth, nationality, place of residence, identification card number or passport number, father's surname and name, mother's surname and name, spouse's surname and name of the person receiving the Criminal Record Certificate.

2. Criminal history status:

a) For individuals not convicted, it shall state "no criminal record";

In cases where individuals are convicted under different judgments, the information on conviction records is recorded in chronological order.

3. Information on prohibition from holding positions, establishing, and managing enterprises and cooperatives:

a) For individuals not prohibited from holding positions, establishing, and managing enterprises and cooperatives according to the bankruptcy declaration decision, it shall state "not prohibited from holding positions, establishing, and managing enterprises and cooperatives";

b) For individuals prohibited from holding positions, establishing, and managing enterprises and cooperatives according to the bankruptcy declaration decision, it shall specify the position prohibited, the period during which establishment and management of enterprises and cooperatives is prohibited.

Section 2

ISSUANCE OF CRIMINAL RECORD CERTIFICATE

1. The National Criminal Record Center shall issue Criminal Record Certificates in the following cases:

a) Vietnamese citizens whose permanent or temporary residence cannot be determined;

b) Foreigners residing in Vietnam.

2. Provincial Department of Justice shall issue Criminal Record Certificates in the following cases:

a) Vietnamese citizens permanently or temporarily residing within the country;

b) Vietnamese citizens residing abroad;

c) Foreigners residing in Vietnam.

In necessary cases, the National Criminal Record Center and the Department of Justice shall have the responsibility to verify the conditions for automatic expungement of criminal records when issuing the Criminal Record Certificate.

1. The person requesting the Criminal Record Certificate shall submit the Application Form for Criminal Record Certificate and attach the following documents:

a) A copy of the identity card or passport of the person to be issued the Criminal Record Certificate;

b) A copy of the household registration book or certificate of permanent residence or temporary residence of the person to be issued the Criminal Record Certificate.

2. Individuals shall submit the Application Form for Criminal Record Certificate and attached documents at the following agencies:

a) Vietnamese citizens shall submit at the Department of Justice where they have permanent residence; if there is no place of permanent residence, they shall submit at the Department of Justice where they have temporary residence; if residing abroad, they shall submit at the Department of Justice where they reside before departure;

b) Foreigners residing in Vietnam shall submit at the Department of Justice where they reside; if they have left Vietnam, they shall submit at the National Criminal Record Center.

3. Individuals may authorize another person to handle the procedure for requesting the Criminal Record Certificate. Such authorization must be made in writing in accordance with the provisions of the law; in cases where the person requesting the Criminal Record Certificate is the parent, spouse, or child of the person to be issued the Criminal Record Certificate, no authorization document is required.

4. Agencies and organizations specified in Clause 3 of Article 7 of this Law, when requesting the issuance of a Criminal Record Certificate, shall send the request letter to the Department of Justice where the person to be issued the Criminal Record Certificate has permanent or temporary residence; if the place of permanent or temporary residence cannot be determined, it shall be sent to the National Criminal Record Center. The request letter must clearly state the address of the agency or organization, the purpose of using the Criminal Record Certificate, and information about the person to be issued the Criminal Record Certificate as stipulated in Clause 1 of Article 42 of this Law.

5. The Minister of Justice shall prescribe the format of the Application Form for Criminal Record Certificate.

1. The judicial organs prescribed in Clause 2, Article 7 of this Law shall send a request for issuance of the Criminal Record Certificate to the Department of Justice at the place where the person requesting the Criminal Record Certificate usually resides or temporarily resides; if the place of usual residence or temporary residence of such person cannot be determined or such person is a foreigner who has resided in Vietnam, the request shall be sent to the National Criminal Record Center. The request must clearly record the information about that individual as stipulated in Clause 1, Article 43 of this Law.

In urgent cases, authorized persons of judicial agencies may request the issuance of a Criminal Record Certificate via telephone, fax, or other means, and are responsible for sending the request letter within two working days from the date of the request for the Criminal Record Certificate.

2. The procedure for issuing Criminal Record Certificate Number 2 to individuals shall be carried out in accordance with the provisions of Clause 1 and Clause 2, Article 45 of this Law; in case an individual requests the issuance of Criminal Record Certificate Number 2, they may not delegate another person to handle the procedure for issuing the Criminal Record Certificate.

1. In cases where the person requesting the Criminal Record Certificate only has one place of usual residence in a province or centrally-run city since reaching the age of 14, the retrieval of criminal record information shall be conducted at the Department of Justice at the place of usual residence of that person.

2. In cases where the person requesting the Criminal Record Certificate has resided in multiple provinces or centrally-run cities since reaching the age of 14, the retrieval of criminal record information shall be conducted at the Department of Justice at the place receiving the request and the National Criminal Record Center.

3. In cases where the person requesting the Criminal Record Certificate is a Vietnamese citizen who has lived abroad for a period of time or a foreigner, the retrieval of criminal record information shall be conducted at the Department of Justice at the place receiving the request and the National Criminal Record Center.

4. In cases where the place of usual residence or temporary residence of the person requesting the Criminal Record Certificate cannot be determined, the retrieval of criminal record information shall be conducted at the National Criminal Record Center.

1. The time limit for issuing the Criminal Record Certificate shall not exceed ten days from the date of receipt of a valid request. In cases where the person to be issued the Criminal Record Certificate is a Vietnamese citizen who has resided in multiple places or has lived abroad, or a foreigner as stipulated in Clauses 2 and 3 of Article 47 of this Law, or in cases requiring verification of conditions for automatic expungement of criminal records as stipulated in Clause 3 of Article 44 of this Law, the time limit shall not exceed fifteen days.

2. In urgent cases as stipulated in Clause 1 of Article 46 of this Law, the time limit shall not exceed twenty-four hours from the time of receiving the request.

The agency managing the criminal record database has the right to refuse to issue the Criminal Record Certificate in the following cases:

1. The issuance of the Criminal Record Certificate does not fall within the jurisdiction;

3. The accompanying documents with the application form for requesting the Criminal Record Certificate are incomplete or forged.

If refusing to issue the Criminal Record Certificate, a written notice stating the reasons must be provided.

Article 50. Supplement, Correction, Revocation, and Cancellation of Criminal Record Certificate

The agency issuing the Criminal Record Certificate shall be responsible for supplementing, correcting, recalling, or canceling the Criminal Record Certificate in cases where the Criminal Record Certificate issued contains inaccurate or unlawful content.

GIẤY ĐỀ NGHỊ GIẢI NGÂN VỐNCHAPT V

HANDLING VIOLATIONS AND SETTLING COMPLAINTS,

COMPLAINTS REGARDING CRIMINAL RECORDS

1. Organizations and individuals who violate insurance business laws shall be dealt with by the Ministry of Finance according to the following forms depending on the severity of the violation:

1. Persons authorized in the management of criminal records who violate the provisions of this Law shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

2. Any person violating the provisions of this Law shall be subject to administrative penalties or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

1. Individuals, agencies, organizations requesting issuance of a Criminal Record Certificate have the right to protest in the following cases:

a) There is evidence that the refusal to issue a Criminal Record Certificate is contrary to the law or that the issuance of a Criminal Record Certificate beyond the prescribed time limit infringes upon their legitimate rights and interests;

b) There is evidence that the issued Criminal Record Certificate contains inaccurate information, infringing upon their legitimate rights and interests.

2. The initial period for protesting against the acts stipulated in Clause 1 of this Article is 45 days from the date of receipt of the notification of refusal or from the date when the deadline for processing the request for issuance of a Criminal Record Certificate expires or from the date of receipt of the Criminal Record Certificate; in case of objective obstacles, the protest period is 60 days.

The second protest period is 30 days from the date of receipt of the decision on the protest resolution by the competent authority.

1. The Director of the Department of Justice has the competence to resolve protests against his own acts stipulated in Clause 1 of Article 52 of this Law. In case the protester does not agree with the decision on resolving the protest by the Director of the Department of Justice, they have the right to protest to the Chairman of the People's Committee at the provincial level or to initiate an administrative lawsuit before the Court.

2. The Director of the National Criminal Record Center has the competence to resolve protests against his own acts stipulated in Clause 1 of Article 52 of this Law. In case the protester does not agree with the decision on resolving the protest by the Director of the National Criminal Record Center, they have the right to protest to the Minister of Justice or to initiate an administrative lawsuit before the Court.

3. In case the protester does not agree with the decision on resolving the protest by the Chairman of the People's Committee at the provincial level, the Minister of Justice, or if the deadline for resolving the protest expires without the Chairman of the People's Committee at the provincial level, the Minister of Justice resolving it, then they have the right to initiate an administrative lawsuit before the Court.

4. The time limit for resolving protests by the Director of the Department of Justice, the Director of the National Criminal Record Center is 15 days from the date of receipt of the protest.

The time limit for resolving protests by the Chairman of the People's Committee at the provincial level, the Minister of Justice is 30 days from the date of receipt of the protest.

Article 54. Reporting

Citizens have the right to report to agencies, organizations, individuals with authority about acts violating the law by those with authority in managing criminal records causing damage or threatening to cause damage to the interests of the State, citizens' rights, and legitimate interests of agencies and organizations.

The resolution of reports shall be carried out in accordance with the provisions of the law on resolving reports.

Chapter VI

IMPLEMENTING PROVISIONS

Article 55. Effective Date

This Law takes effect from July 1, 2010.

1. For criminal record information about convictions, criminal record information about prohibition from holding positions, establishing and managing enterprises, cooperatives prior to the effective date of this Law, the Courts, Public Prosecution Offices, civil enforcement agencies, and competent agencies under the Ministry of Public Security, the Ministry of National Defense have the responsibility to provide such information to the National Criminal Record Center, the Department of Justice for the purpose of issuing Criminal Record Certificates.

2. The Ministry of Justice is responsible for coordinating with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense in organizing the implementation of the exchange and provision of criminal record information about convictions, criminal record information about prohibition from holding positions, establishing and managing enterprises, cooperatives prior to the effective date of this Law to build a criminal record database.

3. The Government coordinates with the Supreme People's Court, the Supreme People's Procuracy to guide procedures for searching, exchanging, and providing criminal record information as stipulated in Clause 1 and Clause 2 of this Article.

Article 57. Detailed provisions and guidance on implementation

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall, within their respective duties and powers, provide detailed regulations and guidance on implementing the Articles and Clauses assigned to them in this Law; they shall also provide necessary guidance on other aspects of this Law to meet state management requirements.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the fifth session of the twelfth term, on June 17, 2009./.