Luật Lý lịch tư pháp sửa đổi 2025

LAW

ON AMENDMENTS TO THE LAW ON CRIMINAL RECORDS

Pursuant to the Constitution 2013 of the Socialist Republic of Viet Nam as amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law on amendments to the Law on criminal records No. 28/2009/QH12 amended by the Law No. 68/2020/QH14.

Article 1. Amendments to a number of articles of the Law on criminal records

1. A number of clauses of Article 2 are amended as follows:

a) Add Clause 1a after Clause 1 as follows:

“1a. Criminal record information includes criminal record information on criminal conviction records, and criminal record information on bans on holding positions, establishing or managing enterprises and cooperatives as prescribed in Clauses 2 and 3 of this Article.”;

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“4a. Criminal records database means a collection of an individual’s criminal record information and information on personal identification number or passport number in the absence of a personal identification number, surname, middle name and birth name, other names, date of birth, sex, place of birth registration, nationality, ethnicity, place of residence; surname, middle name and name of his/her father, mother, wife or husband.”;

c) Clause 5 is amended as follows:

“5. Competent authorities issuing criminal record certificates include the Department of Criminal Records and Operational Data of the Ministry of Public Security and the police authority of provinces and cities (hereinafter referred to as province-level police authorities).”.

2. Clause 4 of Article 3 is amended as follows:

“4. Support personnel management of cadres, civil servants and public employees and administrative procedure settlement activities.”.

3. Article 7 is amended as follows:

“Article 7. Request for issuance of criminal record certificates, provision of criminal record information; use of criminal record certificates and criminal record information

1. Vietnamese citizens and foreigners who have resided or are residing in Vietnam and are full 16 years of age or older shall have the right to request competent authorities issuing criminal record certificates to issue their criminal record certificates.

2. Procedure-conducting agencies shall have the right to request competent authorities issuing criminal record certificates to provide criminal record information for investigation, prosecution and adjudication activities.

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4. Criminal record information and criminal record certificates shall be managed and used in accordance with the law on personal data protection applicable to sensitive personal data. Agencies, organizations and individuals shall not request individuals to provide criminal record certificate No. 2 as prescribed in Article 43 of this Law.

5. Agencies, organizations and individuals shall not request individuals to provide criminal record information or criminal record certificate No. 1, except where laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, or decrees and resolutions of the Government provide for the use of criminal record information for recruitment, issuance of licenses or practicing certificates for professions, trades or job positions related to national defense, national security, social order and safety, community health, or for protection of the interests of the State, and the lawful and legitimate rights and interests of individuals when engaging in civil or commercial transactions directly related to vulnerable groups in society.”.

4. Article 9 is amended as follows:

“Article 9. State management of criminal records

5. Article 10 is amended as follows:

“Article 10. Fees for provision of information on criminal records

1. Agencies, organizations and individuals shall not be required to pay fees for provision of information on criminal records in the following cases:

a) Agencies and organizations requesting provision of criminal record information in accordance with Clauses 2 and 3 Article 7 of this Law;

b) Individuals using criminal record information displayed on the National Identification Application.

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3. Rates, collection, remittance, management and use of fees for provision of information on criminal records shall comply with the law on fees and charges.”.

6. Article 11 is amended as follows:

“Article 11. Criminal records database

1. The criminal records database shall be built in a centralized and unified manner at the Ministry of Public Security.

2. The criminal records database shall be connected with and share information with the National Population Database, specialized databases and other relevant databases in accordance with law.

3. The criminal records database shall be built in accordance with information technology technical standards and regulations, economic - technical norms, ensuring stable and continuous operation; ensuring information security and safety, personal data protection, and facilitating collection, updating, adjustment, utilization, and use.

4. The Ministry of Justice, the Ministry of National Defense, the Supreme People’s Procuracy and the Supreme People’s Court shall be responsible for collecting, creating and updating the databases under their management, and connecting and sharing data, and at the same time fully and promptly providing originals, copies or electronic copies of information sources prescribed in Articles 15 and 36 of this Law to the Ministry of Public Security for building, managing, utilization and management of the criminal records database.

5. The Government shall elaborate this Article.”.

7. Article 12 is amended as follows:

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1. Build, manage, utilize, use and protect the criminal records database.

2. Receive, update and process criminal record information provided by relevant agencies and organizations in accordance with this Law.

3. Establish criminal record files, issue criminal record certificates and provide criminal record information according to competence.

4. Implement the statistical and reporting regime on management, receipt, updating, utilization and use of the criminal records database.

5. The Minister of Public Security shall provide detailed regulations on this Article.”.

8. Article 15 is amended as follows:

“Article 15. Sources of criminal record information on criminal conviction records

Criminal record information on criminal conviction records shall be established from the following sources:

1. Legally effective first-instance criminal judgments and appellate criminal judgments;

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3. Criminal judgment enforcement decisions;

4. Decisions to postpone or temporarily suspend serving of imprisonment sentences, grant conditional early release from prison; decisions to revoke decisions on postponement or temporary suspension of serving imprisonment sentences, or conditional early release from prison; decisions on exemption from serving penalties; decisions on exemption from judgment enforcement or reduction of sentence-serving period; decisions to shorten probation periods for persons granted suspended sentences or conditional early release from prison; decisions compelling persons granted suspended sentences to serve imprisonment sentences; decisions extending the period of expulsion;

5. Decisions on exemption from or reduction of judgment enforcement obligations in respect of amounts payable to the state budget;

6. Certificates of completion of sentence serving; written notices of results of enforcement of expulsion sentences;

7. Decisions on enforcement of fines, confiscation of property, court fees and other civil obligations of convicted persons; certificates of judgment enforcement results; written notices on completion of judgment enforcement in cases where convicted persons have fulfilled their obligations;

8. Decisions on suspension of judgment enforcement;

9. Decisions on commutation of death sentences; decisions converting death sentences into life imprisonment;

10. Special amnesty and general amnesty certificates;

11. Decisions on expungement of criminal conviction record;

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13. Documents of competent Vietnamese authorities sent to foreign authorities requesting extradition for criminal prosecution or judgment enforcement; extradition decisions of competent foreign authorities; documents on receipt and escort of extradited persons from abroad to Vietnam; notices on decisions on exemption from or reduction of penalties, special amnesty or general amnesty of the sending State in respect of persons serving imprisonment sentences;

14. Decisions on enforcement of extradition decisions, and decisions on transfer of persons serving prison sentences in Vietnam at the request of competent foreign authorities;

15. Other documents and materials that have evidentiary value to prove information on an individual’s criminal conviction record.”.

9. Article 16 is amended as follows:

“Article 16. Duties of courts in providing criminal record information on criminal records

1. Courts that have conducted first-instance trials shall provide the following documents to the province-level police authority where such courts are headquartered:

a) Excerpts of legally effective first-instance criminal judgments;

b) Excerpts of appellate criminal judgments;

c) Cassation and reopening decisions in criminal matters;

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dd) Decisions on aggregation of penalties;

e) Decisions on commutation of death sentences; decisions converting death sentences into life imprisonment;

g) Criminal judgment enforcement decisions;

h) Decisions to postpone serving of imprisonment sentences;

i) Decisions on expungement of criminal conviction record.

2. Courts that have issued decisions shall provide the following decisions to the province-level police authority where such courts are headquartered:

a) Decisions to suspend appellate adjudication;

b) Decisions on exemption from judgment enforcement; decisions on exemption from serving penalties;

c) Decisions on reduction of sentence-serving period;

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dd) Decisions on suspension of judgment enforcement;

e) Decisions on conditional early release from prison;

g) Decisions to revoke decisions on postponement of serving imprisonment sentences;

h) Decisions to revoke decisions on temporary suspension of serving imprisonment sentences;

i) Decisions to revoke decisions on conditional early release from prison;

k) Decisions to shorten probation periods for persons granted suspended sentences or conditional early release from prison;

l) Decisions compelling persons granted suspended sentences to serve imprisonment sentences;

m) Decisions on exemption from or reduction of judgment enforcement obligations in respect of amounts payable to the state budget;

n) Documents on receipt and escort of extradited persons from abroad to Vietnam as prescribed in Clause 13 Article 15 of this Law;

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3. The time limit for sending judgment excerpts and decisions prescribed in Clauses 1 and 2 of this Article is 5 working days from the date on which such judgments or decisions come into force, or from the date on which the court that conducted the first-instance trial receives the judgments or decisions prescribed at Points b and c Clause 1 of this Article.

4. The contents of judgment excerpts prescribed at Points a and b Clause 1 of this Article include:

a) Surname, middle name and birth name, other names, sex, date of birth, place of birth registration, nationality, ethnicity, personal identification number or passport number in the absence of a personal identification number, place of residence of the convicted person; surname, middle name and name of his/her father, mother, wife or husband;

b) Date of pronouncement of judgment, judgment number, issuing court, offence, applicable legal provisions, principal penalty, additional penalties, decisions of the judgment on judicial measures, civil obligations in the criminal judgment, court fees.”.

10. Article 19 is amended as follows:

“Article 19. Duties of the Central Military Court in providing criminal record information on criminal conviction records

The Central Military Court shall provide criminal record information on criminal conviction records of persons convicted by military courts as prescribed from Clauses 1 to 11 Article 15 of this Law to the Department of Criminal Records and Operational Data of the Ministry of Public Security within 5 working days from the date on which judgments or decisions come into force or from the date of issuance of decisions or certificates.”.

11. Article 26 is amended as follows:

“Article 26. Establishment of criminal record files

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a) Upon receipt of criminal record information on criminal conviction records provided by courts;

b) Upon receipt of documents on extradition of convicted persons for judgment enforcement or transfer for serving imprisonment sentences in Vietnam;

c) Upon receipt of copies of judgment excerpts or criminal record excerpts of Vietnamese citizens provided by the Supreme People’s Procuracy.

2. Criminal record files shall be established on the basis of sources of criminal record information on criminal conviction records as prescribed in Article 15 of this Law.

3. A criminal record file shall be established separately for each convicted person with the following contents:

a) Surname, middle name and birth name, other names, sex, date of birth, place of birth registration, nationality, ethnicity, personal identification number or passport number in the absence of a personal identification number, place of residence of the convicted person; surname, middle name and name of his/her father, mother, wife or husband;

b) Date of pronouncement of judgment, judgment number, issuing court, offence, applicable legal provisions, principal penalty, additional penalties, decisions of the judgment on judicial measures, civil obligations in the criminal judgment, court fees;

c) Status of judgment enforcement.

4. Where a person is convicted of multiple offences and penalties have been aggregated in accordance with the Criminal Code, his/her criminal record file shall clearly record each offence, applicable legal provisions and the combined penalty for such offences.”.

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“Article 27. Updating criminal record information on criminal conviction records in cases where courts issue decisions on postponement, temporary suspension of sentence serving, conditional early release from prison; exemption from judgment enforcement, reduction of sentence-serving period; shortening of probation period; compelling persons granted suspended sentences to serve imprisonment sentences

Where a criminal record file of a person has been established and subsequently the court issues decisions prescribed in Clause 4 Article 15 of this Law, competent authorities issuing criminal record certificates shall update such information into that person’s criminal record file.”.

13. Article 33 is amended as follows:

“Article 33. Provision, receipt and updating of information on new criminal acts of convicted persons and updating of information in cases of expungement of criminal conviction record

1. Information related to new criminal acts of convicted persons includes:

a) Decisions to initiate criminal proceedings against the accused, decisions to supplement decisions to initiate criminal proceedings, decisions to change decisions to initiate criminal proceedings approved by the procuracy;

b) Decisions to suspend investigation of criminal cases against the accused, decisions to suspend investigation against the accused;

c) Decisions to resume investigation against the accused;

d) Decisions to issue a wanted notice, decisions to terminate a wanted notice;

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e) Decisions to resume cases against the accused or defendants.

2. Courts, procuracies and investigation authorities shall provide information on new criminal acts of convicted persons in the form of originals, copies or electronic copies and connect and share data with competent authorities issuing criminal record certificates as follows:

a) Courts that have conducted first-instance trials shall provide information prescribed at Point dd Clause 1 of this Article to the province-level police authority where such courts are headquartered; the Central Military Court shall provide such information to the Department of Criminal Records and Operational Data of the Ministry of Public Security;

b) The Supreme People’s Procuracy, military procuracies at all levels, the Security Investigation Agency of the Ministry of Public Security, the Police Investigation Agency of the Ministry of Public Security, the Investigation Agency of the Supreme People’s Procuracy, and investigation bodies within the People’s Army shall provide the decisions prescribed in Clause 1 of this Article issued by themselves or by agencies assigned to conduct certain investigation activities to the Department of Criminal Records and Operational Data of the Ministry of Public Security;

c) Province-level People’s Procuracies, regional People’s Procuracies, Security Investigation Agencies of province-level police authorities, Police Investigation Agencies of province-level police authorities shall provide the decisions prescribed in Clause 1 of this Article issued by themselves or by agencies assigned to conduct certain investigation activities to the province-level police authority where such procuracies or investigation agencies are headquartered;

d) The time limit for provision of information is 5 working days from the date of issuance of decisions or from the date of receipt of decisions from agencies assigned to conduct certain investigation activities.

3. Competent authorities issuing criminal record certificates shall update information in cases where convicted persons are granted expungement of criminal conviction record in accordance with the Criminal Code as follows:

a) Where a convicted person has completed the principal penalty or completed the probation period of a suspended sentence, has completed additional penalties and other decisions of the judgment, or the statute of limitations for judgment enforcement has expired, and no new criminal act has been committed within the period eligible for automatic expungement of criminal conviction record in accordance with the Criminal Code, the note “expunged” shall be updated in that person’s criminal record file;

b) Where a convicted person is granted expungement of criminal conviction record by a court in accordance with the Criminal Code and the Criminal Procedure Code, the note “expunged” shall be updated in that person’s criminal record file.”.

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“Article 37. Provision and receipt of criminal record information on bans on holding positions, establishing or managing enterprises and cooperatives

1. Courts that have issued decisions declaring bankruptcy of enterprises or cooperatives shall provide excerpts of bankruptcy decisions, including contents on banning individuals from holding positions, establishing or managing enterprises or cooperatives, in the form of originals, copies or electronic copies, and connect and share data with the province-level police authority where such courts are headquartered within 5 working days from the date on which such decisions come into force.

2. The contents of excerpts of bankruptcy decisions include:

a) Surname, middle name and birth name, other names, sex, date of birth, place of birth registration, nationality, ethnicity, personal identification number or passport number in the absence of a personal identification number, place of residence of the person banned from holding positions, establishing or managing enterprises or cooperatives;

b) Positions banned from holding; duration of prohibition from holding positions, establishing enterprises or cooperatives, or acting as managers of enterprises or cooperatives.

3. Province-level police authorities shall receive criminal record information on bans on holding positions, establishing or managing enterprises or cooperatives provided by courts in accordance with regulations of the Minister of Public Security.”.

15. Article 38 is amended as follows:

“Article 38. Establishment of criminal record files and updating of information on bans on holding positions, establishing or managing enterprises and cooperatives

Where a person banned by the Court from holding positions, establishing or managing enterprises or cooperatives does not yet have a criminal record file, the province-level police authority where the Court issuing the bankruptcy declaration decision is headquartered shall establish a criminal record file; where such person already has a criminal record file, the information shall be updated in that person’s criminal record file in accordance with the Court’s decision.”.

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“Chapter IV

ISSUANCE OF CRIMINAL RECORD CERTIFICATES TO INDIVIDUALS AND PROVISION OF CRIMINAL RECORD INFORMATION TO AGENCIES AND ORGANIZATIONS”.

17. Article 41 is amended as follows:

“Article 41. Criminal record certificate

1. Criminal record certificates issued to individuals prescribed in Clause 1 Article 7 of this Law include criminal record certificate No. 1 and criminal record certificate No. 2.

2. Criminal record certificates shall be issued in electronic form or paper form and shall have equal legal validity.

3. Where an electronic criminal record certificate has been issued in accordance with this Law, criminal record information shall simultaneously be displayed on the National Identification Application and shall have the same validity as a criminal record certificate. Criminal record information displayed on the National Identification Application shall be updated for individuals to use when needed without having to request issuance of a criminal record certificate.

4. The Minister of Public Security shall prescribe the form of criminal record certificates and the format of display of criminal record information on the National Identification Application.”.

18. Article 45 is amended as follows:

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1. Individuals shall request issuance of criminal record certificates online.

Foreigners and persons not yet having electronic identification may request issuance of criminal record certificates in person or via postal services.

2. Requests for issuance of criminal record certificates shall be made as follows:

a) In case of online request, it shall be made through the National Identification Application or the National Public Service Portal;

b) In case of request via postal services, the application shall be sent together with certification of the requester’s signature in accordance with law;

c) In case of direct request for issuance of a criminal record certificate, the application shall be submitted to the competent authority for issuing criminal record certificates.

3. Individuals may request issuance of criminal record certificates for their father, mother, wife, husband, child or the person under their guardianship. Such request shall comply with Clause 2 of this Article.

4. Individuals may authorize another person to carry out procedures for requesting issuance of criminal record certificates. Such authorization shall be made in writing in accordance with law, and the request for issuance of criminal record certificates shall comply with Points b and c Clause 2 of this Article.”.

19. Article 48 is amended as follows:

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1. In case of a request as prescribed at Point a Clause 2 Article 45 of this Law, the criminal record certificate shall be issued in electronic form.

In case of a request as prescribed at Points b and c Clause 2 Article 45 of this Law, the criminal record certificate shall be issued in paper form.

2. The time limit for issuance of a criminal record certificate is 5 working days from the date of receipt of a valid request; where there is information on criminal records or new criminal acts requiring verification, the time limit for issuance of a criminal record certificate may be longer but shall not exceed 15 days.”.

20. Section 3 is added to Chapter IV as follows:

“Section 3

PROVISION OF CRIMINAL RECORD INFORMATION AT THE REQUEST OF AGENCIES AND ORGANIZATIONS

Article 50a. Contents of criminal record information provided

Criminal record information provided at the request of procedure-conducting agencies shall include the contents prescribed in Article 43 of this Law; criminal record information provided at the request of regulatory agencies, political organizations, and Vietnam Fatherland Front Committees at all levels shall include the contents prescribed in Article 42 of this Law.

Article 50b. Provision of criminal record information

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2. The Ministry of Public Security shall organize the connection, sharing and utilization of criminal record information by requesting agencies and organizations, ensuring proper purposes, information security and safety, and personal data protection.

3. Agencies and organizations requesting use of criminal record information shall be responsible for accessing and using criminal record information for proper purposes, ensuring information security and safety, and personal data protection.”.

21. Article 52 is amended as follows:

“Article 52. Settlement of complaints

Individuals shall have the right to request competent authorities to reconsider the issuance of criminal record certificates where there are grounds to believe that the issuance or refusal to issue criminal record certificates is unlawful or that the contents of criminal record information are inaccurate, infringing upon their lawful rights and interests.

Competence, procedures for settlement of complaints shall comply with the law on complaints.”.

22. Certain phrases in articles, clauses and points are replaced, added or removed as follows:

a) The phrase “Director of the National Criminal Records Center” is replaced with the phrase “Director of the Department of Criminal Records and Operational Data of the Ministry of Public Security” in Clause 3 Article 44;

b) The phrase “National Criminal Records Center” is replaced with the phrase “the Department of Criminal Records and Operational Data of the Ministry of Public Security” in Articles 17, 30, 31, 32, 44 and 47;

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d) The phrase “identity card number or passport number” is replaced with the phrase “personal identification number or passport number in the absence of a personal identification number” in Articles 42 and 43;

dd) The phrase “responsibility to provide criminal record information” is replaced with the phrase “responsibility to provide criminal record information for building the criminal records database” in Article 6;

e) The phrase “completed serving the penalty” is replaced with the phrase “completed serving the sentence” in Article 30;

g) The phrase “serving the penalty” is replaced with the phrase “serving the sentence” in Article 32;

h) The phrase “10 days” is replaced with the phrase “05 working days” in Articles 17, 20 and 24;

i) The phrase “Surname, name” before the phrase “sex” is replaced with the phrase “Surname, middle name and birth name, other names” in Articles 42 and 43;

k) The phrase “surname and name of father, mother, wife, husband” is replaced with the phrase “surname, middle name and name of father, mother, wife, husband” in Article 43;

l) The phrase “agency managing the criminal records database” is replaced with the phrase “competent authority for issuing criminal record certificates” in Articles 2, 6, 24 and 49;

m) The phrase “Clause 11” is replaced with the phrase “Clause 7 and Clause 8” in Article 20;

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o) The phrase “decisions of the judgment on judicial measures,” is added before the phrase “civil obligations in the criminal judgment” in Clause 2 Article 2 and Point b Clause 2 Article 43;

p) The phrase “for another person” is removed and the phrase “, Clause 4” is added before the phrase “Article 45” in Clause 2 Article 49;

q) The phrase “, judgment enforcement agencies under the Ministry of National Defense” is removed in Articles 6 and 24;

r) The phrase “centrally-affiliated” is removed in Article 47.

23. Article 13, Article 18, Article 21, Article 22, Article 23, Clause 3 Article 24, Article 34, Clause 4 Article 44, Article 46, Article 53 and Article 56 are annulled.

Article 2. Entry into force

This Law comes into force as of July 1, 2026.

Article 3. Transitional provisions

1. The Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Justice, the Ministry of National Defense, and relevant agencies and organizations shall cooperate with the Ministry of Public Security in organizing the connection and sharing of criminal record information data formed before the effective date of this Law, ensuring completion before July 1, 2026 for building the criminal records database.

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This Law was passed by the 15^th National Assembly of the Socialist Republic of Vietnam at its 10th Session on December 5, 2025.

PRESIDENT OF THE NATIONAL ASSEMBLY




Tran Thanh Man