Law on judicial records, No. 28/2009/QH12

Summary
Content
Status
Vietnamese
Download

Error message

Font size:

ATTRIBUTE Law on judicial records

Law No. 28/2009/QH12 dated June 29, 2009 of the National Assembly on judicial records

Issuing body:	National Assembly of the Socialist Republic of Vietnam	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	28/2009/QH12	Signer:	Nguyen Phu Trong
Type:	Law	Expiry date:	Updating
Issuing date:	17/06/2009	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Justice

For more details, click here.

Download files here.

LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

Effect status: Known

THE NATIONAL ASSEMBLY -------	SOCIALIST REPUBLICOF VIETNAM Independence - Freedom– Happiness ----------
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.

Click Download to see full text

Please log in to a subscriber account to see the full text. Don’t have an account? Register here

Processing, please wait...

LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency