Chương 2 Nghị định 111/2010/NĐ-CP hướng dẫn thi hành Luật Lý lịch tư pháp: Xây dựng, lưu trữ và bảo vệ cơ sở dữ liệu lý lịch tư pháp

Chapter II

DEVELOPMENT, ARCHIVE AND PROTECTION OF JUDICIAL RECORD DATABASES

Section 1. DEVELOPMENT OF JUDICIAL RECORD DATABASES

Article 7. Development of judicial record databases

The development of a judicial record database cover:

1. Receiving, verifying, classifying and processing judicial record information provided by agencies and organizations under the Law on Judicial Records and this Decree.

2. Making judicial records under the Law on Judicial Records and this Decree.

3. Updating judicial records already made.

Article 8. Scope of development of judicial record databases on previous criminal convictions

The National Center for Judicial Records and provincial-level Justice Departments shall develop judicial record databases on previous criminal convictions of the following persons:

1. Persons convicted by Vietnamese courts from July 1, 2010, or afterwards.

2. Persons convicted by Vietnamese courts before July 1, 2010, whose judicial record information is provided by competent agencies or organizations under Articles 16 thru 21 of the Law on Judicial Records to the National Center for Judicial Records and provincial-level Justice Departments from that date on.

3. Persons convicted by Vietnamese courts before July 1, 2010, whose previous criminal conviction status is informed by police offices, courts or competent agencies of the Ministry of National Defense to the National Center for Judicial Records and provincial-level Justice Departments from that date on for issuance of judicial record cards.

4. Vietnamese citizens convicted by foreign courts, whose excerpts of previous criminal sentences or convictions are provided by the Supreme People's Procuracy to the National Center for Judicial Records from July 1, 2010 on.

5. Vietnamese citizens convicted by foreign courts who are transferred for serving their imprisonment sentences in Vietnam from July 1, 2010 on.

Article 9. Coordinated provision of judicial record information on previous criminal convictions for the development of judicial record databases

1. Agencies and organizations shall provide judicial record information available from July 1, 2010, to the National Center for Judicial Records and provincial-level Justice Departments under Articles 16 thru 21 of the Law on Judicial Records.

2. In case judicial record information available before July 1. 2010, is also required for the development of a judicial record database on convicts specified in Clauses 2 and 3, Article 8 of this Decree, the National Center for Judicial Records and provincial-level Justice Departments shall request in writing courts that have conducted first-instance trials of criminal

cases involving these persons to provide copies of judgments against these convicts, and competent agencies of the Ministry of Public Security, the Ministry of National Defense, civil judgment enforcement agencies, and concerned agencies and organizations to provide information on complete serving of penalties, special reprieve, general amnesty, execution of the penalty of fine or confiscation of assets, and civil decisions in criminal judgments against convicts.

Competent agencies of the Ministry of Public Security, the Ministry of National Defense, civil judgment enforcement agencies, and concerned agencies and organizations shall provide information at the request of the National Center for Judicial Records and provincial-level Justice Departments under this Clause.

Article 10. Compilation of judicial records of persons convicted by courts on July 1, 2010, or afterwards

The National Center for Judicial Records and provincial-level Justice Departments shall compile judicial records of persons convicted by courts on July 1, 2010, or afterwards on the basis of judicial record information on previous criminal convictions provided by agencies and organizations under Articles 16 thru 21 of the Law on Judicial Records.

Article 11. Compilation of judicial records of persons convicted before July 1, 2010

I. For persons convicted by Vietnamese courts before July 1, 2010, whose judicial record information on previous criminal convictions is received by the National Center for Judicial Records and provincial-level Justice Departments from that date on, the Center or Departments shall request in writing competent agencies to provide information under Clause 2, Article 9 of this Decree for the compilation of judicial records of these convicts.

2. After receiving copies of judgments and other information provided by courts and concerned agencies and organizations under Clause 1 of this Article, the National Center for Judicial Records and provincial-level Justice Departments shall compile judicial records of convicts.

Article 12. Compilation of judicial records of persons convicted before July 1, 2010, who have been issued judicial record cards by the National Center for Judicial Records or provincial-level Justice Departments

1. For persons convicted by Vietnamese courts before July 1, 2010, whose previous criminal conviction status is informed by police offices, courts or competent agencies of the Ministry of National Defense to the National Center for Judicial Records and provincial-level Justice Departments from that date on for issuance of judicial record cards, the National Center for Judicial Records and provincial-level Justice Departments issuing judicial record cards shall compile judicial records of these persons.

2. In case information on previous criminal convictions of convicts is also required for making their judicial records under Clause 1 of this Article, the National Center for Judicial Records and provincial-level Justice Departments shall request in writing competent agencies to provide such information under Clause 2, Article 9 of this Decree.

Article 13. Compilation of judicial records of persons banned from holding certain posts, or establishing or managing enterprises or cooperatives

1. Provincial-level Justice Departments shall receive excerpts of bankruptcy declaration decisions which take effect on July 1, 2030 or afterwards provided by courts under Article 37 of the Law on Judicial Records for making judicial records of persons banned from holding certain posts, or establishing or managing enterprises or cooperatives.

2. In case persons banned from holding certain posts, or establishing or managing enterprises or cooperatives already have judicial records, provincial-level Justice Departments shall write in their judicial records the contents specified in Clause 2, Article 38 of the Law on Judicial Records.

Article 14. Competence for making judicial records of persons banned from holding certain posts, or establishing or managing enterprises or cooperatives and their contents

1. Provincial-level Justice Departments of localities in which persons banned from holding certain posts, or establishing or managing enterprises or cooperatives permanently reside shall compile judicial records of these persons. in case such a person has no place of permanent residence, the provincial-level Justice Department of the locality in which he/she temporarily resides shall make his/her judicial record.

2. A judicial record shall be made separately for each person banned from holding certain posts, or establishing or managing enterprises or cooperatives, containing the following details:

a/ Full name, sex, date and place of birth, nationality, place of permanent residence or temporary residence of the person;

b/ Posts banned from holding or duration in which he/she is banned from establishing or managing enterprises or cooperatives;

c/ Serial number and date of the decision on bankruptcy declaration and the issuing court

Article 15. Coordination between provincial-level Justice Departments and provincial-level people's courts in reviewing the provision of judicial record information

Quarterly, provincial-level Justice Departments shall coordinate with provincial-level and district-level people's courts in their localities in reviewing and comparing criminal judgments and decisions on declaration of bankruptcy of enterprises or cooperatives, which have been pronounced by provincial-level or district-level courts and contain the ban on holding certain posts, or establishing or managing enterprises or cooperatives, in order to assure the timely provision of sufficient judicial record information.

Article 16. Coordinated verification and provision of information for the development of judicial record databases

1. In the course of updating judicial records, if information on personal identifications of convicts or persons banned from holding certain posts, or establishing or managing enterprises or cooperatives is unclear or inaccurate, the National Center for Judicial Records and provincial-level Justice Departments shall coordinate with agencies managing databases on population, civil status registration, household registration and people's identity cards in verifying and clarifying such information.

2. When issuing decisions permitting modification or correction of civil status registrations for persons aged full 14 years or older, or death certificates, civil status registry offices shall send originals or copies of such decisions or death certificates to the National Center for Judicial Records and provincial-level Justice Departments.

Article 17. Coordinated verification of conditions on automatic remission of previous criminal convictions

1. In case a convict has passed a duration long enough for automatic remission of his/her previous criminal conviction under the Penal Code but has not received any certificate of remission of previous criminal conviction from a court, a provincial-level Justice Department shall verify whether or not he/she is charged with a criminal act. investigated, prosecuted or tried while having his/her previous criminal conviction not yet remitted. The verification shall be conducted as follows:

a/ The provincial-level Justice Department shall send a written request for verification or directly conduct the verification at the People's Committee of the commune, ward or township (below referred to as commune-level People's Committee) or the agency or organization in which the convict resides or works after completely serving his/her judgment;

b/ In the course of verification at the commune-level People's Committee, agency or organization, it" finding necessary, the provincial-level Justice Department may conduct the verification at the concerned procedure-conducting agency of whether or not the convict is currently charged with a criminal act, investigated, prosecuted or tried.

2. The commune-level People's Committee, agency or organization shall provide information at the request of the provincial-level Justice Department.

Justice-civil status officers shall assist the commune-level People's Committee in conducting the verification at the request of the provincial-level Justice Department.

3. The provincial-level Justice Department shall send verification results to the National Center for Judicial Records within 5 working days after the verification is completed under Clause 1 of this Article.

4. For a judicial record compiled by the National Center for Judicial Records under Point a. Clause 2, Article 26 of the Law on Judicial Records, the National Center for Judicial Records shall verify the condition on automatic remission of the previous criminal conviction of the convict under Clause 1 of this Article.

Article 18. Updating of judicial record information on automatic remission of previous criminal convictions after verification results are obtained

Based on verification results obtained under Article 17 of tills Decree, the National Center for Judicial Records and provincial-level Justice Departments shall update in judicial records of convicts as follows:

1. Writing in a convict's judicial record that he/she "has the previous criminal conviction remitted" if he/she falls into any of the following cases:

a/ He/she commits no new crime in the duration of having a previous criminal conviction as stipulated in the Penal Code;

b/ He/she has a previous criminal conviction for a crime but is convicted or investigated, prosecuted or tried for another criminal act committed before or after the duration of having such previous criminal conviction as stipulated in the Penal Code.

2. In case a person who has a previous criminal conviction for a crime is again convicted under a legally valid judgment for a criminal act committed in the duration of having such previous criminal conviction as stipulated in the Penal Code, his/her judicial record must be updated with the information that he/she "has a previous criminal conviction" for such crime.

3. In case a person who has a previous criminal conviction for a crime is investigated, prosecuted, tried or convicted under a judgment which has not become legally effective for another criminal act committed in the duration of having such previous criminal conviction as stipulated in the Penal Code, his/her judicial record will not be updated with the information on automatic remission of previous criminal conviction until court trial results are obtained.

Section 2. ARCHIVE AND PROTECTION OF JUDICIAL RECORD DATABASES

Article 19. Forms of archive of judicial record databases

1. A judicial record database consists of documented judicial record files and electronic judicial record data.

2. Documented judicial record files include documents containing judicial record information sent by concerned agencies and organizations to the National Center for Judicial Records and provincial-level Justice Departments under Articles 16 thru 21 of the Law on Judicial Records and judicial records of individuals compiled by the National Center for Judicial Records and provincial-level Justice Departments.

3. Electronic judicial record data include judicial record information contained in documented judicial record files which have been converted into electronic data.

4. Both documented judicial record files and electronic judicial record data can serve as a ground for determining whether or not a person has a previous criminal conviction, is banned from holding certain posts, or establishing or managing enterprises or cooperatives in case such enterprises or cooperatives are declared bankrupt by courts.

Article 20. Archive of documented judicial record files

1. The archive of documented judicial record files must adhere to the principles that files are separately classified for different individuals and each file has separate signs to ensure accurate and convenient information search.

2. Copies of criminal judgments, excerpts of criminal judgments and criminal judgment enforcement decisions, certificates of complete serving of penalty and judicial records of individuals shall be archived at the National Center for Judicial Records and provincial-level Justice Departments until such individuals die.

Other documents in judicial record files shall be archived definitely and might be destroyed when they are no longer useful under the law on archive.

Article 21. Archive of electronic judicial record data

1. Electronic judicial record data shall be obtained through digitalizing documented judicial record files, structured to be consistent with documented judicial record files and archived indefinitely at the National Center for Judicial Records and provincial-level Justice Departments.

2. In case of inconsistency between electronic judicial record data and documented judicial record files, the National Center for Judicial Records and provincial-level Justice Departments shall conduct verification before making appropriate adjustments.

Article 22. Management and exploitation of judicial record databases

1. The management and exploitation of judicial record databases must comply with the Law on Judicial Records and this Decree.

2. Civil servants and public employees working in the National Center for Judicial Records and provincial-level Justice Departments may access judicial record databases within the scope of their vested powers and assigned duties and tasks.

3. The Minister of Justice shall guide the management, use and exploitation of judicial record databases.

Article 23. Measures to protect judicial record databases

The National Center for Judicial Records and provincial-level Justice Departments shall take measures to assure safety and security for judicial record databases.

1. General protective measures:

a/ Measures against data hacking;

b/ Measures against fires, explosions and natural disasters.

2. Measures to protect documented judicial record files:

a/ Building or arranging storehouses up to set standards;

b/ Installing sufficient technical equipment and devices for file preservation;

c/ Maintaining appropriate temperature, humidity and light for file preservation;

d/ Controlling insects and fungi or neutralizing acids and other elements harmful to files;

e/ Repairing or restoring files which are damaged or in danger of damage.

3. Measures to protect electronic judicial record data:

a/ Assuring data safety and security;

b/ Assuring network security.