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Law No. 28/2009/QH12 dated June 29, 2009 of the National Assembly on judicial records
24/05/2011
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THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness
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No. 28/2009/QH12

Hanoi, June 17, 2009

 

LAW

ON JUDICIAL RECORDS

(No. 28/2009/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Judicial Records.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for the order of and procedures for provision, receipt and updating of judicial record information; compilation of judicial records; organization and management of judicial record databases; issuance of judicial record cards; and state management of judicial records.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1.Judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person's holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

2. Judicial record information on previous criminal conviction means information on an individual who has been convicted; his/her crime and applicable articles and clauses of law, principal and additional penalties, civil obligation in the criminal judgment, and court fee; date of judgment pronouncement, the court that has pronounced the judgment and serial number of the pronounced judgment; the state of judgment execution.

3. Judicial record information on ban on holding of certain posts, establishment or management of enterprises or cooperatives means information on an individual who is banned from holding certain posts, establishing or managing enterprises or cooperatives: posts subject to the ban, the duration in which he/she is banned from establishing or managing enterprises or cooperatives under the court ruling on bankruptcy declaration.

4. Judicial record card means a card issued by an agency managing the judicial record database and valid to prove whether or not an individual has a previous criminal conviction, is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

5. Agencies managing the judicial record database include the National Center for Judicial Records and provincial-level Justice Departments.

Article 3. Purposes of management of judicial records

1. Satisfying the requirement of proving whether or not an individual has a previous criminal conviction or is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

2. Recording the remission of previous criminal convictions, and facilitating the community reintegration by convicted persons.

3. Supporting criminal proceedings and the making of judicial statistics on crimes.

4. Supporting the personnel management, business registration, establishment and management of enterprises and cooperatives.

Article 4. Principles of management of judicial records

1. Judicial records shall be only made based on criminal court judgments or rulings which have taken legal effect; legally effective court rulings to declare enterprises or cooperatives bankrupt.

2. Assurance of personal privacy.

3. Judicial record information shall be adequately and accurately provided, received, updated and processed in strict compliance with the order and procedures provided in this Law. The judicial record card-issuing agency shall take responsibility for the accuracy of information in judicial record cards.

Article 5. Subjects of judicial record management

1. Vietnamese citizens who have been convicted under legally effective criminal judgments of Vietnamese courts or foreign courts, with excerpts of these judgments or their previous criminal convictions provided by competent foreign authorities under treaties on mutual legal assistance in criminal affairs or on the reciprocity principal.

2. Foreigners who have been convicted under legally effective criminal judgments of Vietnamese courts.

3. Vietnamese citizens and foreigners who are banned by Vietnamese courts from holding certain posts, establishing or managing enterprises or cooperatives under legally effective rulings on bankruptcy declaration.

Article 6. Responsibility to provide judicial record information

Courts, procuracies, civil judgment enforcement agencies, competent agencies of the Ministry of Public Security, judgment enforcement agencies of the Ministry of National Defense and concerned agencies and organizations shall provide the judicial record database-managing agencies with sufficient and accurate judicial record information in strict accordance with the prescribed order and procedures under this Law and other relevant laws.

Article 7. Right to request the issuance of judicial record cards

1. Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.

2. Procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.

3. State agencies, political organizations and socio-political organizations may request the issuance of judicial record cards to serve the personnel management, business registration, establishment and management of enterprises or cooperatives.

Article 8. Prohibited acts

1. Illegally exploiting or using, falsifying or destroying judicial record data.

2. Providing untruthful judicial record information.

3. Forging papers to request the issuance of judicial record cards.

4. Erasing, modifying or forging judicial record cards.

5. Issuing judicial record cards with untruthful contents, ultra vires, or to improper persons.

6. Using other persons' judicial record cards illegally or for the purpose of infringing upon privacy of individuals.

Article 9. Tasks and powers of agencies in the state management of judicial records

1. The Government performs the unified state management of judicial records.

2. The Supreme People's Court and the Supreme People's Procuracy shall coordinate with the Government in performing the state management of judicial records.

3. The Ministry of Justice is answerable to the Government for performing the state management of judicial records, having the following tasks and powers:

a/ To submit to competent state agencies for promulgation or promulgate according to its powers legal documents on judicial records;

b/ To direct and organize the implementation of legal documents on judicial records; to organize the dissemination of and education about the law on judicial records; to professionally train and retrain civil servants engaged in judicial record work;

c/ To manage the judicial record database at the National Center for Judicial Records;

d/ To assure physical foundations and working facilities for the National Center for Judicial Records:

e/ To provide professional direction and guidance on judicial records:

f/ To examine, inspect, handle violations, and settle according to its competence complaints and denunciations about the observance of the law on judicial records:

g/ To issue and uniformly manage forms, papers, books and records on judicial records;

h/ To apply information technology to the development of the judicial record database and the management of judicial records;

i/To conduct international cooperation in the domain of judicial records;

j/ To annually report to the Government on the management of judicial records.

4. The Ministry of Public Security, the Ministry of National Defense, the Ministry of Foreign Affairs and other ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Justice in performing the state management of judicial records.

5. People's Committees of provinces and centrally run cities (below referred to as provincial-level Peoples Committees) shall perform the state management of judicial records in their localities, having the following tasks and powers:

a/ To direct and organize the implementation of legal documents on judicial records; to organize the dissemination of and education about the law on judicial records;

b/ To assure state payroll, physical foundations and working facilities for the management of judicial records in their localities:

c/ To examine, inspect, handle violations, and settle according to their competence complaints and denunciations about the observance of the law on judicial records;

d/ To apply information technology to the development of judicial record databases and the management of judicial records under the Ministry of Justice's guidance;

e/ To annually report to the Ministry of Justice on the management of judicial records in their localities.

Article 10. Fee for issuance of judicial record cards

1. Individuals who request the issuance of judicial record cards shall pay a fee.

2. The rates, management and use of the fee for issuance of judicial record cards comply with law.

Chapter II

ORGANIZATION AND MANAGEMENT OF THE JUDICIAL RECORD DATABASE

Article 11. Judicial record database

1. A judicial record database means a collection of judicial record information on previous criminal convictions and ban from holding certain posts, establishing or managing enterprises or cooperatives, which is updated and processed under this Law.

2. Judicial record databases shall be developed and managed at the National Center for Judicial Records and provincial-level Justice Departments.

The Government shall specify the organiza­tion of the National Center for Judicial Records.

Article 12. Tasks of the National Center for

Judicial Records in managing judicial record databases

1. To develop, manage, exploit and protect judicial record databases nationwide.

2. To guide the development, management, exploitation and protection of judicial record databases at provincial-level Justice Departments.

3. To receive, update and process judicial record information provided by the Supreme People's Procuracy, competent agencies of the Ministry of Public Security, judgment enforcement agencies of the Ministry of National Defense and provincial-level Justice Departments.

4. To receive judicial records provided by provincial-level Justice Departments.

5. To provide judicial record information to provincial-level Justice Departments.

6. To compile judicial records and issue judicial record cards according to its competence.

7. To provide judicial record information on foreigners convicted by Vietnamese courts at the request of the Supreme People's Procuracy.

8. To observe the statistical and reporting regime in managing judicial record databases nationwide.

Article 13. Tasks of provincial-level Justice Departments in managing judicial record databases

1. To develop, manage, exploit and protect judicial record databases within their provinces or centrally run cities.

2. To receive, update and process judicial record information provided by courts, concerned agencies and organizations and the National Center for Judicial Records.

3. To compile judicial records and issue judicial record cards according to their competence.

4. To provide judicial records and additional information to the National Center for Judicial Records; to provide judicial record information to other provincial-level Justice Departments.

5. To observe the statistical and reporting regime in managing judicial record databases in their localities.

Article 14. Protection and archive of judicial record databases

Judicial record databases constitute a national asset which must be strictly and safely protected and archived for a long term.

Only competent persons may access and exploit judicial record databases.

The Government shall specify the protection and archive of judicial record databases.

Chapter III

PROVISION, RECEIPT, UPDATING AND PROCESSING OF JUDICIAL RECORD INFORMATION, AND COMPILATION OF JUDICIAL RECORDS

Section I. PROVISION AND RECEIPT OF JUDICIAL RECORD INFORMATION ON PREVIOUS CRIMINAL CONVICTIONS

Article 15. Sources of judicial record information on previous criminal convictions

Judicial record information comes from the following sources:

1. First-instance criminal judgments which have taken legal effect and appellate criminal judgments:

2. Cassation or re-opening rulings on criminal cases;

3. Rulings on criminal judgment enforcement;

4. Rulings on exemption from serving penalties;

5. Rulings on reduction of the duration of serving penalties;

6. Rulings on postponement of execution of imprisonment penalty;

7. Rulings on suspension of execution of imprisonment penalty:

8. Rulings on exemption from or reduction of the obligation to pay state budget remittances in executing a judgment;

9. Certificates of completed execution of imprisonment penalty; written notices of results of enforcement of the expulsion penalty;

10. Certificates of completed execution of non-custodial reform or suspended imprisonment penalty and additional penalties;

11. Rulings on imposition of fines, confiscation of assets, collection of court fees and other civil obligations of convicts; decisions on termination of judgment enforcement; certificates of judgment enforcement results; written notices of judgment enforcement completion in case convicts have fulfilled their obligations;

12. Rulings on commutation of the death penalty;

13. Certificates of special reprieve or amnesty;

14. Rulings on remission of previous criminal conviction;

15. Certificates of automatic remission of previous criminal conviction;

16. Excerpts of judgments or previous criminal convictions of Vietnamese citizens, provided supplied by competent foreign authorities to the Supreme People's Procuracy under treaties on mutual legal assistance in criminal affairs or on the reciprocity principle;

17. Rulings of Vietnamese courts on extradition of criminals for judgment enforcement in Vietnam; rulings of Vietnamese courts on receipt of transferred persons who are serving an imprisonment penalty; notification of decisions on special reprieve or amnesty, penalty exemption or commutation by transferring countries for persons who are serving an imprisonment penalty;

18. Notices of implementation of rulings on extradition of convicts or decisions on transfer of persons who are serving an imprisonment penalty in Vietnam at the request of competent foreign authorities.

Article 16. Tasks of courts in providing judicial record information on previous criminal convictions

1. A court having conducted first-instance trial of a case shall send to the provincial-level Justice Department in the locality where it is headquartered the following documents:

a/ Excerpt of the legally effective first-instance criminal judgment or appellate criminal judgment;

b/ Cassation or reopening criminal ruling;

c/ Ruling on commutation of the death penalty;

d/ Ruling on criminal judgment enforcement; e/ Ruling on postponement of imprisonment penalty;

f/ Ruling on remission of previous criminal conviction;

g/ Certificate of automatic remission of previous criminal conviction.

2. A court having issued rulings or decisions shall send to provincial-level Justice Department of the locality where it is headquartered the following rulings:

a/ Ruling on exemption from penalty execution;

b/ Ruling on reduction of the duration of penalty execution;

c/ Ruling on suspension of imprisonment penalty;

d/ Ruling on exemption from or reduction of the obligation to pay state budget remittances in executing a judgment;

e/ Ruling on receipt of a transferred person who is serving an imprisonment penalty specified in Clause 17, Article 15 of this Law.

3. Time limit for sending an excerpt of a judgment or ruling or a copy of a certificate specified in Clauses 1 and 2 of this Article is 10 days after that judgment or ruling takes legal effect or is received or that certificate is issued.

4. An excerpt of a judgment specified at Point a. Clause 1 of this Article contain the following details:

a/ Full name, sex, date and place of birth, nationality, place of permanent or temporary residence of the convict, and full names of his/ her parents and spouse;

b/ Date of pronouncement and serial number of the judgment; the court that has pronounced the judgment; the committed crime and applicable articles and clauses of law: principal and additional penalties; civil obligation indicated in the criminal judgment; and the court fee.

5. Originals or copies of rulings and certificates specified in Clauses 1 and 2 of this Article shall be sent.

Article 17. Task of the Supreme People's Procuracy in providing judicial record information on previous criminal convictions

The Supreme People's Procuracy shall send to the National Center for Judicial Records copies of excerpts of judgments and excerpts of previous criminal convictions of Vietnamese citizens supplied by competent foreign authorities within 10 days after the receipt of these excerpts.

Article 18. Tasks of public security offices in providing judicial record information on previous criminal convictions

1. Superintendents of detention camps or custody facilities shall send certificates of completed execution of imprisonment penalty or certificates of special reprieve or amnesty to the National Center for Judicial Records within 10 days after these certificates are issued.

2. The immigration management agency of the Ministry of Public Security shall send notices of enforcement of the expulsion penalty to the National Center for Judicial Records within 10 days after the date of enforcement of the penalty.

3. Competent agencies of the Ministry of Public Security shall send notices of enforcement of rulings on extradition of convicts and rulings on transfer of persons who are serving an imprisonment penalty in Vietnam to the National Center for Judicial Records within 10 days after the date of enforcement of the rulings.

4. Competent agencies of the Ministry of Public Security shall send notices of decisions on special reprieve or amnesty and rulings on exemption from or commutation of penalties of transferring countries persons who are serving an imprisonment penalty to the National Center for Judicial Records within 10 days after the receipt of these notices.

Article 19. Tasks of judgment enforcement agencies of the Ministry of National Defense in providing judicial record information on previous criminal convictions

1. Superintendents of detention camps or custody facilities shall send certificates of completed execution of imprisonment penalty or certificates of special reprieve or amnesty to the National Center for Judicial Records within 10 days after these certificates are issued.

2. Judgment enforcement agencies of military zones or equivalent level shall send rulings, certificates and written notices specified in Clause 11. Article 15 of this Law to the National Center for Judicial Records within 10 days after these rulings are made, certificates are issued or convicts fulfill their judgment execution obligation.

Article 20. Tasks of civil judgment enforcement agencies in providing judicial record information on previous criminal convictions

Civil judgment enforcement agencies shall send rulings, certificates and written notices specified in Clause 11. Article 15 of this Law to provincial-level Justice Departments in localities where they are headquatered within 10 days after these rulings are made, certificates are issued or convicts fulfill their judgment execution obligation.

Article 21. Tasks of other agencies and organizations in providing judicial record information on previous criminal convictions

Agencies and organizations competent to issue certificates of completed execution of non-custodian reform or suspended imprisonment penalty and additional penalties shall send these certificates to provincial-level Justice Departments in localities where they are headquartered within 10 days after issuing these certificates.

Article 22. Tasks of the National Center for Judicial Records in receiving and providing judicial record information on previous criminal convictions

1. To fully and promptly receive judicial record information on previous criminal convictions provided by the Supreme People's Procuracy, competent agencies of the Ministry of Public Security and judgment enforcement agencies of the Ministry of National Defense. The receipt of judicial record information on previous criminal convictions must be recorded in receipt books made according to a form set by the Ministry of Justice.

2. To send copies of rulings, decisions, certificates, certifications and written notices supplied by competent agencies under Clause 1, Article 18, and Article 19 of this Law to provincial-level Justice Departments in localities where convicts permanently reside. In case it is impossible to identify convicts' places of permanent residence, to send these copies to provincial-level Justice Departments in localities where convicts temporarily reside within 10 days after the receipt of rulings, decisions, certificates, certifications and written notices.

Article 23. Tasks of provincial-level Justice

Departments in receiving and supplying judicial record information on previous criminal convictions

1. Provincial-level Justice Departments shall fully and promptly receive judicial record information on previous criminal convictions provided by concerned agencies and organizations under this Law.

In case a convict permanently resides in another province or centrally run city, the provincial-level Justice Department shall send judicial record information on his/her previous criminal convictions to the provincial-level Justice Department in the locality where he/she permanently resides within 10 days after the receipt of information. In case it is impossible to identify the place of permanent residence of the convict, judicial record information on his/her previous criminal convictions shall be sent to the provincial-level Justice Department in the locality where he/she temporarily resides. In case it is impossible to identify both places of permanent and temporary residence of the convict, the provincial-level Justice Department shall send judicial record information on his/her previous criminal convictions to the National Center for Judicial Records.

2. The receipt of judicial record information on previous criminal convictions by provincial-level Justice Departments must be recorded in receipt books made according to a form set by the Minister of Justice.

Article 24. Supplementation or correction of judicial record information

1. In case judicial record information is incomplete or wrong, a judicial record database-managing agency shall request the agency or organization that has provided the information to supplement or correct it.

2. Courts, procuracies, civil judgment enforcement agencies, competent agencies of the Ministry of Public Security, judgment enforcement agencies of the Ministry of National Defense and concerned agencies and organizations shall provide information to judicial record database-managing agencies within 10 days after receiving supplementation or correction requests.

3. Judicial record database-managing agencies shall provide supplemented or corrected information under Clause 2, Article 22 and Clause 1, Article 23 of this Law within 10 days after receiving it.

Article 25. Forms of providing judicial record information on previous criminal convictions

Judicial record information on previous criminal convictions shall be sent directly, or via mail, the Internet or computer network.

Section 2. COMPILATION OF JUDICIAL RECORDS, UPDATING AND PROCESSING OF JUDICIAL RECORD INFORMATION ON PREVIOUS CRIMINAL CONVICTIONS

Article 26. Compilation of judicial records

1. Provincial-level Justice Departments in localities where convicts permanently reside shall compile judicial records of these persons. In case it is impossible to identify their places of permanent residence, provincial-level Justice Departments in localities where these persons temporarily reside shall compile their judicial records.

A judicial record shall be made in two copies, one to be managed by the provincial-level Justice Department and the other transferred to the National Center for Judicial Records.

2. The National Center for Judicial Records shall compile and archive judicial records in the following cases:

a/ It is impossible to identify places of permanent or temporary residence of convicts;

b/ Convicts have been extradited for judgment enforcement or transferred for execution of an imprisonment penalty in Vietnam;

c/ It has received copies of excerpts of judgments or excerpts of previous criminal convictions of Vietnamese citizens from the Supreme People's Procuracy under Article 17 of this Law.

3. Judicial records shall be compiled on the basis of sources of judicial record information on previous criminal convictions specified in Article 15 of this Law.

4. A judicial record shall be compiled for each convict with the following details:

a/ Full name, sex, date and place of birth, nat

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