CIRCULAR On issuance and manual form and sample criminal _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Criminal Law base on June 17, 2009;
Pursuant to Decree No. 111/2010/ND-CP on November 23, 2010 of the Government detailing and guiding the implementation of some articles of the Criminal Law;
Pursuant to Decree No. 93/2008/ND-CP on August 22, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice;
To ensure the management, using the unified form and the form of the judicial records, the Ministry of Justice issued and guides the use of the form and the form of the judicial records as follows: article 1. Scope this circular issued the form and the form of the judicial records; regulatory authority, issuance, and use of object using the form and the form of the judicial records.
Article 2. Object using the form and the form of the judicial records 1. Vietnam citizens, foreigners have asked criminal Votes.
2. The agency conducting the proceedings require criminal Vote levels to serve the work of the investigation, prosecution, trial.
3. State agencies, political organizations, social-political organizations have the required Vote level criminal record to serve the personnel management, business operations, to establish, manage, business cooperative.
4. The Department of justice the province, central cities (hereafter referred to as the Department of Justice).
5. Criminal record Centre.
Article 3. Issued the form and the form of the judicial records 1. Issued 8 may form and type sample criminal record included herewith (annex No. 1).
2. The size of the 8 types of form and 5 sample criminal was using paper size A4 (210 mm x 297 mm).
3. The system of the form and the form of the judicial records are stored in paper and electronic form stored in accordance with paragraph 1 article 19 of Decree 111/2010/ND-CP on November 23, 2010 of the Government detailing and guiding the implementation of some articles of the Criminal Law (hereinafter the "Decree No. 111/2010/ND-CP). The system of the form and the form of the judicial records are stored in electronic format have value to use as the form, the form of the judicial records in paper.
Article 4. Competence in, release form, and the form of the judicial records 1. The Ministry of Justice in February released a paper type and print the color pattern to the center of the country, Criminal Justice Department (hereinafter the management database and criminal) in the content of the judicial history of Vote 1 and Vote criminal form No. 2 attached to this circular.
2. Two declaration form requesting criminal Votes for individuals and two text form request Slips criminal for conducting the proceedings and State agencies, political organizations, social and political organization (hereinafter called the Agency , organization) are posted on the electronic portal to the Department of Justice. Management Agency database of criminal individuals, agencies, organizations are required to grant criminal Votes are retrieved on the electronic portal of the Ministry of Justice (www.moj.gov.vn) to print and free use of 2 types of declarations requesting criminal Vote and 2 text request criminal Votes according to the template attached to the circular This time. Individuals when to request criminal Votes involving database management criminal offers to free use of 2 types of declarations requesting criminal Votes according to the form attached to this circular.
3. Management Agency databases in judicial history, using 5 types of Windows and type 2 form criminal is criminal, sample form provides information additional criminal attached to this circular.
Article 5. Establishment of the criminal code 1. Principles set the criminal code: a) the criminal code was established on the basis of the management agency code Table database is criminal;
b) database In judicial history in the Department of Justice each have only a single criminal code;
c) criminal record Center use national criminal codes by the Department of Justice created to store and manage criminal database in criminal justice History Center in the country.
2. Setting criminal codes: a) the Criminal Code include: code management agency database and criminal record, criminal record-setting year, ordinal numbers formed criminal;
b) Central Criminal Code includes: number 1, the name stands for the Center for national criminal (TT) are specified in the table of item management database criminal;
c) code of the Department of Justice include: the order of the central cities, according to the Vietnamese alphabet starting from number 2 and the abbreviated name of the central cities, where the Department of Justice set forth in the table of item management database criminal;
d) sequence numbers set up criminal record consists of 5 digits, starting from number 00001.
For example, the Criminal Code of Nguyen Van A set: 25HN2010/00001, of which:-"25HN" is the code of the Hanoi City Department of Justice;
-"2010" is the criminal record-setting year for Nair A;
-"00001" is the third set of criminal Nair A. 3. Attached to this circular management agency code Table database criminal provisions in point a of this paragraph 1 (annex 2).
Article 6. Write general information about convictions in the criminal area 1. General information about the project area of summary information about the updated judgments in criminal and recorded in order of time get excerpts judgment or judgment.
2. Code the verdict was formed including the criminal code/order number updated judgments in general information about the project.
For example, Nair had A criminal code is 25HN2010/00001, the first judgment was updated in the judicial history of the Nair had A code number is 25HN2010/00001/01, the next sentence if there's code to be updated is 25HN2010/00001/02.
3. The time was delete project area of updated in these cases get decided to remove the judgment of the Court, a certificate of deletion of convictions the Court or having qualified verification results naturally get deleted projects.
4. Results of Cassation/retrial: a) the case hold the judgment, the decision has force of law shall record the "hold judgment, decide";
b) where cancellation of the verdict, the decision has force of law shall record the "cancellation of the verdict, the decision".
Article 7. Recorded information on projects in the area of judicial history 1. Information about the project area of the contents of each judgment was code in part i. "General information". Each case is updated to have 4 main sections include: a) the content of the judgment;
b) reciprocal enforcement of judgments: updated the content of decisions, certificates, certifications, written notice (hereinafter referred to as the decision, certificates) related to the process of enforcement of the judgment;
c) of Cassation/retrial: updated content of 2 types of decision;
d) Delete project area: to update the contents of the decision to delete the project area, the certificate delete projects and results to verify the condition of course is to delete the project.
2. Update the content item "bad sentence": a) Items free trial executive decision to jail term, a fine improvement not imprisoned: just updated 01 in 02 types of decision;
b) certificate Section has done projects Executive imprisonment/sentence improvement not detained/probation probation: just updated 01 March in the type of certificate;
c) Items free trial executive decision prohibiting residence, sentence of probation: updated 01 or both types of decision;
d) Items decided the Executive term reduced prison sentence, sentence improvement not detained; Decision on temporary suspension of Executive imprisonment sentence; Free decision, reduce the obligation to enforce the judgment against the State budget revenues and your verification results civil enforcement: can be updated many times.
3. burn the content verification results in the "verify course conditions are clear area" project: a) if the person convicted in one of the cases specified in clause 1 Article 18 Decree No. 111/2010/ND-CP shall record the "project area" were deleted;
b) if the person convicted in the case prescribed in clause 2 Article 18 Decree No. 111/2010/ND-CP shall record is "Yes project area".
c) if the person convicted in the case prescribed in clause 3 Article 18 Decree No. 111/2010/ND-CP is not updated information about naturally clear conviction of that person's criminal record that wait for the results of the trial court.
4. Management Agency database updated the criminal decision, the certificate prescribed in points b, c, d paragraph 1 this when receiving the decision, the certificate or documents contain information related to the decision, the certificate that the agencies , the Organization provided under provisions of Criminal Laws and the documents guiding the implementation.
Article 8. Criminal information records for the case of a person who has many judgments in criminal cases a person's criminal record has been established which is then sentenced by other judgments, the governing body of the database record criminal code that judgment on part II. "General information", updated information of that judgment on the verdict "content" section. The "reciprocal enforcement of judgments" are updated the same as recording information of the first judgment.
Article 9. Record information about the prohibition of assignment, establishment, management, cooperatives in the criminal information about the prohibition of assignment, establishment, management, cooperative enterprises are recorded in the order time for updated information. Information about prohibited content service, established, business management, cooperative decision record declared bankrupt by the Court.
Article 10. Send the following information when making judicial history 1. After the criminal was established, the Justice Department sent a criminal record Centre for countries attach. The case the Justice Department sent many a criminal then submit criminal record lists specify name, criminal code of that person.
2. Criminal cases are established on the basis of the judgment, the Justice Department sent the Center a national criminal justice resume has the content: part I. "personal information", part II. "General information about the project area" and the "judgment" content in part III. "Information about the project area".
3. Criminal cases are established on the basis of the decision to declare bankruptcy of the Court, the Justice Department sent the Center a national criminal justice resume has the content: part I. "personal information" and section IV. "Information about the prohibition of assignment, establishment, management, cooperative business".
Article 11. Submit criminal information Supplement 1. Criminal cases are updated information according to the provisions of article 27, article 28 and article 30, paragraph 1 and article 33 of the Criminal Law, based on the content of the information to be updated in judicial history, the Justice Department sent the Center a national criminal record the vote provides information additional criminal attached a copy of the decision , certificates relating to criminal information added.
2. in case of receiving the decision, the certificate of the person who has a criminal record by the competent authority provided under the provisions of paragraph 1 to article 18 and article 19 of the Criminal Law, the criminal record Centre countries sending Vote Department of Justice provided information additional criminal attached a copy of the decision , that certificate.
Article 12. Recorded Votes provides information additional criminal cases in the criminal judgment update, decide to declare bankruptcy next 1. Case updated for the next judgment prescribed in article 29 of the Criminal Law, based on the criminal record has been updated, the Department of Justice record information about that judgment on the vote provides criminal information includes additional content in the "judgment" in the content part III "project information" area in the criminal and send it to the center of national judicial history.
2. Case for update decided to declare bankruptcy next, based on the criminal record has been updated, the Department of Justice record information about the decision to declare bankruptcy to Vote provides information additional judicial résumé includes the content in part IV "information about the prohibition of assignment , established, business management, cooperative "in criminal and sent to the Central Criminal nation.
Article 13. Recorded Votes provide criminal information added in the case of updating the decision, the certificate concerning the execution status of the item "additional content criminal information" in the vote provides criminal information in addition to stating the information about relevant judgments : the verdict on sentencing, the Court declared the verdict; types of decisions, certificates and information on the decision, the certificate was updated in criminal, namely: 1. the updated case decided to enforce criminal judgment shall specify: the number of the decision, the decision date, court decisions, decisions , the time penalty.
2. where the decision to update the Executive project free term imprisonment, free trial executive decision to renovate detention, no free trial executive decision prohibiting residence the Executive exemption decision, sentence of probation shall specify: the number of the decision, the decision date, court decisions , penalty is waived on Executive exempt, on the decision in effect.
3. where the decision postponement updated sentence to prison, decided to temporarily suspend the imprisonment sentence Executive stating: no decision, decision date, court decision, time is delayed or is temporarily suspended, the day of the decision, the Agency held the track , management.
4. where the decision to update the Executive term reduced prison sentence, decided to reduce the Executive term sentence improvement not imprisoned then specify: number of decision, date of decision, the Court decision, the penalty was reduced the Executive term, time be reduced, on the decision in effect.
5. the updated case decided to shorten probation probation shall specify: the number of the decision, the decision date, court decision, time is short, on the decision in effect.
6. where the updated message text sentence enforcement results in expulsion, the certificate has finished punishment executive residences, the probation sentence, sentence deprived some citizens, free decision, reduce the obligation to enforce the judgment against the State budget revenues, decided to suspend the enforcement of civil judgment text, the Executive confirmed accomplished money penalties, seizure of property, court fees and the other civil obligation in the criminal judgment shall specify: the text, date, text, text bodies, the main content of the text, on Executive punishment done.
7. the updated case decision reducing the sentence of death shall specify: the number of decisions, on decision-making, decision-making bodies, the main content of the decision, on the decision in effect.
8. the updated case decided to enforce the judgment fines, property seizure punishment, court fees and other civil obligation shall specify: the number of decisions, on the decision, the agency decision, the clause is executed, on the decision in effect.
9. where the updated certificate exam results civil court shall specify: the text, date, text out of the Agency granting the confirmation, the confirmation content (full, partial); the civil service have to enforce (if available).
10. where the updated certificates of parole shall specify: the number of the certificate, the date out of text, the certification authority, of the decision on parole parole tha jail ahead of time, the residence after parole, additional penalties continue to executor (if any).
11. where the updated certificate of college dormitories, then specify: the number of the certificate, the date out of text, the certification authority, of the decision on a major university campus residences spared jail, home after college dormitories.
12. Case update the decision of Cassation, decision on retrial, the certificate delete project, decided to delete the projects area of the State: the text, date, text out of the Court decision or the Court to grant a certificate, the content of decision or certification content.
13. The case of updated results verify the condition naturally being deleted projects area of the note: verification date, where does the verification, the verification results.
Article 14. Criminal Vote record 1. Recording entry status of projects in the area of criminal Vote 1: a) for people who are not convicted, the person was convicted but was cleared, the integration of projects are the modern dormitories, the inscribed "no project area"; the case of foreigners who have resided in Vietnam then recorded "no judgment of residence time in Vietnam". The boxes, columns in this category do not write to the criminal Vote.
b) for people who have been convicted but not yet eligible to be deleted project area of the record "Had merits judgment" and specify the content of the judgment on the boxes, columns in the criminal Vote.
2. Writing project status category of criminal Vote No. 2: a) for people not convicted shall record as "no project area"; the case of foreigners who have resided in Vietnam then recorded "no judgment of residence time in Vietnam". The boxes, columns in this category do not write to the criminal Vote.
b) for people who were sentenced to the full project area records were deleted, the time was deleted projects, projects of integration has not yet been cleared, day, month, year, number of judgments, the Court has declared the verdict, charges, applicable law provisions, the main penalty, additional penalty, civil obligation in the criminal judgment , court fees, bad execution.
Cases of people sentenced by the different judgments, the information about that person's convictions were recorded in the order of time.
Project area would not have the content in the section additional penalties, civil obligations, court fees, the marking "//" to the item.
c) content about the execution status record according to the content of the decision, the certificate is updated in the criminal record of the person at the time of requesting criminal Votes.
For example, Write criminal Vote number 2 of Nair A: bad judgment of Nair A is: has the project area. In the judicial history of Nair A at the time of requesting criminal Votes was updated to "decision postponement punishment prison", then in "execution" record status is: postponement of imprisonment sentence..., on ... month ... year ..., of the people's Court ... d) recording the "Delete project" : for the project area has been cleared, then scored as "were deleted projects area of date". For the project area has not been deleted, then the record is "not yet clear the project area".
3. Recording the "information about the prohibition of assignment, establishment, management, cooperative": a) for people granted criminal Votes not prohibited assignment, establishment, management, cooperative enterprises shall record "Not prohibited assignment, establishment, business management cooperative ", the box, the columns in this category do not write to the criminal Vote.
b) where the person to be granted the vote banned criminal assignment, establishment, management, cooperative shall record the position is forbidden, no time limit is established, the management of cooperative enterprises.
c) individual cases, agency, organization level criminal No. 1 Vote not to confirm the content of prohibited assignment, establishment, management, business, cooperatives, the item "information about the prohibition of assignment, establishment, management, cooperative business" does not write to the criminal Vote No. 1.
4. where the information about the residence, they name the father, mother, wife, husband in criminal Votes incomplete, write the symbol "//" to the missing information.
Article 15. The Authority signed the criminal Vote and votes provide criminal information supplements
Center Director, National Criminal Justice Department Director or authorized person authorized to sign the criminal Vote, the vote provided information additional criminal and liable for the content of the criminal Vote, the vote provided information additional judicial history.
Article 16. Use and maintenance of judicial records 1. The judicial history logging is done as follows: a) judicial records are written continuously each page, not vacant. Order number in the window are constantly coming out December 31 of each year, starting from number 1. Yet in that case had written to the last page of the book used to another book, get the next order number from the previous book; the case is out in that window has not yet used up, then continue to use for the next year, taking the number to start from number 1. The first number of years using window specify 1/years used Windows.
For example, the first number in 2010 as 2010.
b) in addition to the cover, the book is of the order of the log book that in the year, stating the day, open the Windows and lock the window.
Example 1: in the year 2010 just burn off 1 log book, then in addition to the cover window specify:-the Volume number: 01/2010;
-Open the window: January 1, 2010;
-Closeout: December 31, 2010.
Example 2: in 2010 right to 2nd book that hasn't used up then continue use for 2011, starting from number 1, in addition to the cover window specify:-the Volume number: 02/2010, 01/2011;
-Open the window: October 1, 2010;
-Closeout: on December 31, 2011.
2. the judicial records must be stamped between the pages, from the first page to the last page of the book. When using most of the judicial records, then made the tag window. When judicial records key must specify on the last page of the page number and the total number of types of work have been recorded in the books. Heads of database management criminal signed and stamped.
3. window Cover must use paper type paper quality, hardcover. Judicial records must be stored, preserved for long-term use, serve for the active management of judicial history.
4. The Agency database management criminal have the task of implementing the measures for prevention of insect, mold, eliminate a Nazi and other agents damage the judicial records.
Article 17. General provisions on recording, repair, information in the form, records of the judiciary 1. Write content in the form and the judicial records must be accurate, clear, written the same type of ink, black, not erased.
2. in case there are errors when recording or printing the content of criminal Vote then cancel and record or printing that criminal Vote again.
3. in case of repair, in the criminal content must be approved by the heads of the database management criminal or person authorized. Once approved, officials allocated the task updates, handle the tiles conduct information errors, stating the content has changed, fix, and specify the name of the repair, in the column "the update".
Case of errors on the content of the judicial records must raze part errors, stating the content has the fix on the note, sign, stating the name of the person they have repaired and certified by the person in charge of that Department.
4. Prohibits arbitrarily erased, corrected, supplemented falsify the content of information recorded in the form and judicial records.
Article 18. Effect 1. This circular effect since June 12, 2011.
2. Abolish the form request Slips criminal and criminal form attached to Circular 07/1999/TTLT-BTP-BCA on 08/02/1999 of the Ministry of Justice and the Ministry of public security providing criminal record Votes.
3. During implementation of this circular, if there are difficulties and obstacles, the agencies, organizations, personal reflections promptly in writing to the Ministry of Justice to study the guidelines,./.