Chương III Luật Lý lịch tư pháp 2009: Cung cấp, tiếp nhận, cập nhật, xử lý thông tin lý lịch tư pháp và lập lý lịch tư pháp

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, nationality, place of residence, serial number of the identity card or passport of this convict, and full names of his/her parents and spouse;

b/ Date of judgment pronouncement, serial number of the judgment, the court which has pronounced the judgment, the crime and applicable article(s) and clause(s) of law, principal and additional penalties, civil obligation in the criminal judgment, court fee, and state of judgment enforcement.

5. In case a person has been convicted of more than one crime and his/her penalties have been summed up under the Penal Code, his/her judicial record must clearly indicate each crime he/she had committed, applicable article(s) and clause(s) of law and common penalty for these crimes.

Article 27. Updating of judicial record information on previous criminal convictions in case of exemption from penalty execution, reduction of the penalty execution duration, postponement of imprisonment penalty execution or suspension of imprisonment penalty execution

In case the judicial record of a person has been compiled but later a court issues a ruling on exemption from penalty execution, reduction of the penalty execution duration, postponement of imprisonment penalty execution or suspension of imprisonment penalty execution, the provincial-level Justice Department shall update this information in his/her judicial record.

Article 28. Updating of judicial record information on previous criminal convictions in case of cassation or reopening trial

1. A cassation or reopening ruling which accepts no protest and upholds the legally effective judgment or ruling shall be recorded by the provincial-level Justice Department in the judicial record.

2. For a cassation or reopening ruling which quashes the legally effective judgment or ruling, the provincial-level Justice Department shall update judicial record information as follows:

a/ In case the judicial record has been compiled only on the basis of the quashed judgment or ruling, it shall be deleted from the judicial record database;

b/ In case the judicial record has been compiled on the basis of more than one judgment or ruling, information on the quashed judgment or ruling in the judicial record shall be deleted.

Article 29. Updating of judicial record information in subsequent judgments

In case a person is convicted under another judgment after his/her judicial record has been compiled, the provincial-level Justice Department shall add information in the subsequent judgment in his/her judicial record.

Article 30. Updating of judicial record information in case of completed execution of judgments or special reprieve or amnesty

1. Upon receiving a certificate of completed execution of non-custodial reform or suspended imprisonment penalty and additional penalties; a ruling on termination of judgment enforcement; a written notice of judgment enforcement completion in case a convict has fulfilled his/her obligation, the provincial-level Justice Department shall record contents of that certificate, ruling or written notice in his/her judicial record.

2. Upon receiving a certificate of completed execution of an imprisonment penalty by a convict, the National Center for Judicial Records shall record contents of this certificate in his/her judicial record. In case of special reprieve, the phrase “has completed the execution of the imprisonment penalty under the special reprieve decision” shall be written. In case of amnesty, the phrase "is exempted from the penal liability under the amnesty decision" shall be written.

Article 31. Updating of judicial record information in case of expulsion

In case a convict has executed the expulsion penalty, the National Center for Judicial Records shall write the phrase "has been expelled" in his/her judicial record.

Article 32. Updating of judicial record information in case Vietnamese citizens are convicted by foreign courts

1. In case a Vietnamese citizen who has a judicial record is extradited for judgment enforcement or transferred for execution of an imprisonment penalty in Vietnam, the National Center for Judicial Records shall record contents of the decision on extradition or receipt of transferred person in his/her judicial record.

2. In case a Vietnamese citizen who has a judicial record and an excerpt of his/her judgment or previous criminal conviction is supplied by a competent foreign authority, the National Center for Judicial Records shall update such information under Article 29 of this Law.

3. In case the National Center for Judicial Records is notified of a foreign court ruling on penalty exemption or commutation, or a foreign decision on special reprieve or amnesty for a Vietnamese citizen convicted by that foreign court and currently executing an imprisonment penalty in Vietnam, it shall record that ruling or decision in this person's judicial record under Article 27 and Clause 2, Article 30 of this Law.

Article 33. Updating of judicial record information in case convicts have their previous criminal convictions remitted

1. In case a convict has his/her previous criminal conviction automatically remitted, information shall be updated as follows:

a/ Upon receiving a certificate of remission of previous criminal conviction from a court, it shall write the phrase "has his/her previous criminal conviction remitted" in the convict's judicial record;

b/ Upon verifying that the convict fully satisfies the conditions for automatic remission of previous criminal conviction under the Penal Code, it shall write the phrase "has his/her previous criminal conviction remitted" in his/her judicial record.

2. In case a convict has his/her previous criminal conviction remitted under a court ruling under the Penal Code and the Criminal Procedure Code, the provincial-level Justice Department shall write the phrase "has his/her previous criminal conviction remitted" in his/her judicial record.

Article 34. Updating of additional judicial record information

In case judicial records are updated with information under Articles 27, 28 and 29; Clause 1, Article 30; and Article 33 of this Law, provincial-level Justice Departments shall send this information to the National Center for Judicial Records within 5 working days after completion of the information updating. The National Center for Judicial Records shall update additional information in the judicial record database right after receiving it.

The Minister of Justice shall set a form of additional judicial record information cards.

Article 35. Processing of judicial record information when a crime is abolished

In case a person has been convicted of a crime which is abolished under the Penal Code, information on such crime shall be deleted from this person's judicial record.

Section 3. INFORMATION ON BAN ON HOLDING OF CERTAIN POSTS, ESTABLISHMENT OR MANAGEMENT OF ENTERPRISES OR COOPERATIVES UNDER RULINGS ON BANKRUPTCY DECLARATION

Article 36. Sources of judicial record information on ban on holding of certain posts, establishment or management of enterprises or cooperatives

Judicial record information on ban on holding of certain posts, establishment or management of enterprises or cooperatives shall be taken from legally effective court rulings on bankruptcy declaration under the Law on Bankruptcy.

Article 37. Provision and receipt of judicial record information on ban on holding of certain posts, establishment or management of enterprises or cooperatives

1. The court which has issued a ruling declaring indicating the ban on an enterprise or cooperative bankrupt shall, within 10 days after the ruling takes legal effects, send an excerpt of this ruling, indicating the ban on concerned individual(s) from holding certain posts, establishing or managing enterprises or cooperatives, to the provincial-level Justice Department in the locality where it is headquartered.

2. An excerpt of a ruling on bankruptcy declaration contains the following details:

a/ Full name, sex. date and place of birth, nationality, place of permanent or temporary residence of the person banned from holding certain posts, establishing or managing enterprises or cooperatives;

b/ Posts subject to the ban and the duration of the ban on establishment or management of enterprises or cooperatives.

3. Provincial-level Justice Departments shall receive judicial record information on ban on holding of certain posts, establishment or management of enterprises or cooperatives provided by courts.

In case a person banned from holding certain posts or establishing or managing enterprises or cooperatives permanently resides in another province or centrally run city, the provincial-level Justice Department shall send this person's judicial record information to the provincial-level Justice Department in the locality where he/she permanently resides within 10 days after receiving the information. In case it is impossible to identify his/her place of permanent residence, it shall send judicial record information to the provincial-level Justice Department in the locality where he/she temporarily resides.

The receipt of judicial record information on ban on holding of certain posts, establishment or management of enterprises or cooperatives shall be recorded in receipt books made according to a form set by the Minister of Justice.

Article 38. Compilation of judicial records and updating of information on ban on holding of certain posts, establishment or management of enterprises or cooperatives

1. In case a person banned from holding certain posts or establishing or managing enterprises or cooperatives has no judicial record, the provincial-level Justice Department in the locality where he/she permanently or temporarily resides shall compile a judicial record on the basis of a court ruling on bankruptcy declaration with details specified in Clause 2, Article 37 of this Law.

A judicial record shall be made in 2 copies, one to be managed by the provincial-level Justice Department and the other transferred to the National Center for Judicial Records.

2. In case a person banned by a court from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration already has a judicial record, the provincial-level Justice Department shall record in his/her judicial record the court ruling and send such information to the National Center for Judicial Records. The updating of additional information complies with Article 34 of this Law.

Article 39. Processing of judicial record information upon expiration of the duration of the ban on establishment or management of enterprises or cooperatives

Information on the ban on a person from establishing or managing enterprises or cooperatives will be deleted from his/her judicial record upon expiration of the ban duration under the court ruling on bankruptcy declaration.

Article 40. Forms of provision of judicial record information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives

Judicial record information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives shall be send directly or via mail, the Internet or computer network.