On the morning of October 27, continuing the 10th session, the National Assembly listened to the presentation and report on the review of a number of draft laws, including the Law amending and supplementing a number of articles of the Law on Law on Banking and Investment.
Presenting a summary report, Politburo member and Permanent Deputy Prime Minister Nguyen Hoa Binh said that the draft law amends and expands the purpose of LLTP management; amends the model of a centralized, unified single-level LLTP database.
The draft amends and supplements the regulation that agencies and organizations are not required to provide personal documents with LLTP No. 2.
According to regulations, LLTP form No. 2 includes information about the personal identity of the person granted the form, the names of their parents and spouses; the status of the record; information about the ban on taking on positions, establishing and managing enterprises and cooperatives.
This certificate is issued to the prosecution agency and issued at the request of the individual so that that that person knows the content of his/her criminal record.
Recently, there have been cases of some agencies and organizations abusing the requirement for people to provide LLTP No. 2 forms. Therefore, the draft proposes the above regulation, in order to overcome the abuse of LLTP form No. 2, and at the same time comply with the legal provisions on personal data protection.
Presenting a summary review report afterwards, Chairman of the Law and Justice Committee Hoang Thanh Tung said that the Committee basically agreed with the amendments and supplements as submitted by the Government.
However, some opinions suggest that there should be a thorough impact assessment on the regulation on agencies and organizations not being required to provide individuals with LLTP No. 2 forms.
This regulation may make it difficult for people to carry out procedures for visa applications, exit, immigration, etc., and the host country requires them to provide information related to criminal records.
Some proposals to study and revise regulations in the direction of clearly identifying some specific cases in which agencies and organizations can require individuals to provide LLTP No. 2 forms.
There are also opinions that the proposal as in the draft still makes it difficult to overcome the situation of abuse of the request for a No. 2 LLTP certificate because if agencies and organizations, especially foreign agencies and organizations, still request, individuals will still hesitate to provide to be able to complete the documents and procedures.
This opinion proposes to study and completely remove the regulation on granting LLTP certificates No. 2, this content should only be kept in the database and serve the lookup and use of competent state agencies.
Information about the individual's criminal record status has been shown on LLTP form No. 1, so if necessary, individuals can provide LLTP form No. 1 to the requesting agency or organization.
There are also opinions that not only LLTP No. 2 but also practice shows that there is abuse of the request for an LLTP No. 1, creating an unnecessary burden for both people and state management agencies.
Therefore, the draft should revise regulations on the purpose of food safety management to suit the practical situation and the policy of cutting and simplifying administrative procedures.
At the same time, it is necessary to have principles on cases where agencies and organizations are allowed to require individuals to provide LLTP cards.
