“Cease Unnecessary Requests for Criminal Record Disclosure: A Plea to End the Unwarranted Practice”

On September 5th, the National Assembly’s Standing Committee (NA SC), chaired by Vice Chairman Nguyen Khac Dinh, convened its 49th session to discuss revisions to the Law on Judicial Records.

According to Article 41 of the draft law, Judicial Record Certificates, including Types 1 and 2, will be issued to individuals. Type 2 certificates will be issued upon request and will only be accessible by the individual to whom it pertains, in accordance with personal data protection regulations.

In comparison to the current law, the bill adds two new provisions: Type 2 certificates and a requirement that certificate usage be subject to the consent of the data subject and in compliance with personal data protection regulations. Furthermore, critical personal information on the certificate cannot be shared or analyzed, and agencies or organizations without proper authority cannot request it unless necessary.

The preliminary verification report, presented by Hoang Thanh Tung, Chairman of the Law and Justice Committee, stated: Regarding Judicial Record Certificates (Article 41), to address the misuse of requests for Types 1 and 2 certificates, the Committee proposed adding a general provision to the draft law outlining cases where such certificates may be requested. Additionally, the Committee suggested further refining the provision on judicial record management purposes in Clause 4, Article 3 to align with practical needs and streamline administrative procedures.

The Committee agreed on the necessity of continuing to issue Type 2 certificates to individuals so they can access their own judicial records. However, to prevent misuse of Type 2 certificate requests, the Committee proposed adding a provision to the draft law prohibiting agencies, organizations, and units from requiring individuals to provide Type 2 certificates for routine administrative procedures or civil and labor relations matters.

Preventing Misuse of Judicial Record Certificate Requests

The majority of NA SC members supported the enactment of the Law on Amendments and Supplements to the Law on Judicial Records, believing that its core content aligns with practical requirements and addresses the need for organizational and management innovations. A centralized database will replace the current two-level system, clearly defining the rights and obligations of relevant entities. Some members suggested enhancing the law to prevent potential misuse of judicial record certificate requests.

Vice Chairwoman Nguyen Thi Thanh acknowledged that the draft law had been amended to stipulate that agencies and organizations have the right to request judicial record information but not the physical certificate. However, if these entities do not exercise their right to request information and instead ask individuals to submit their certificates as part of administrative procedures, the potential for misuse remains.

As a solution, she proposed adding a provision to Clause 3, Article 7, clearly stating that agencies and organizations should not require individuals to submit their judicial record certificates unless otherwise specified by law.

Additionally, she suggested carefully considering the provision in Clause 2, Article 41, which states that the use of judicial record certificates must be subject to the consent of the data subject, in accordance with personal data protection regulations. This provision aims to prevent and deter potential misuse of requests for judicial record certificates from the public.