People are not required to provide criminal record No. 2

ANH HUY |

According to the Law amending and supplementing a number of articles of the Law on Judicial Records, agencies, organizations and individuals are not required to provide personal documents with criminal records No. 2.

On the afternoon of December 5, with 437/441 National Assembly deputies participating in the vote, the National Assembly passed the Law amending and supplementing a number of articles of the Law on Judicial Records (LLTP).

According to the newly passed law, legal aid information includes: information on criminal records, prohibition from holding positions, establishment and management of enterprises and cooperatives in cases where enterprises and cooperatives are declared bankrupt by the court.

The competent authority issuing the certificate includes: Department of Professional records - Ministry of Public Security and Provincial and Municipal Police.

Vietnamese citizens and foreigners who have been or are residing in Vietnam for 16 years or more have the right to request competent authorities to issue their LLTP certificates. The vouchers are issued to individuals including: LLTP No. 1 and No. 2 forms.

LLTP information and LLTP forms are managed and used in accordance with the provisions of law on personal data protection with sensitive personal data.

The new law clearly stipulates that organizations and individuals are not required to provide personal documents No. 2.

LLTP No. 2 is issued to the prosecution agency according to regulations and issued at the request of the individual so that that that person knows the content of their LLTP.

The content of this form includes criminal records; information on the ban on holding positions, establishing and managing enterprises, cooperatives, etc.

Agencies, organizations and individuals are also not required to request individuals to provide LLTP information or LLTP form No. 1; only implemented in cases where laws, resolutions of the National Assembly, statutes, resolutions of the National Assembly Standing Committee or decrees and resolutions of the Government stipulate the need to use LLTP information.

This is to serve the purpose of recruitment, granting licenses and practice certificates for occupations and positions related to national defense, security, social order and safety, public health, or to protect the State's information, the legitimate and legal rights and interests of individuals when participating in civil and commercial transactions directly related to vulnerable groups in society.

The Law amending and supplementing a number of articles of the Law on LLTP also stipulates that LLTP No. 1 and No. 2 are issued in electronic or paper form and have the same legal value.

In case the electronic form has been issued, the citizen's LLTP information will be updated and displayed on VNeID (considered a field of available information similar to the full name, date of birth).

The LLTP information displayed on VNeID has the same legal value as the LLTP form, updated for individuals to use when needed without the need for a form.

Reporting on the explanation, acceptance and revision of the draft law before the National Assembly voted, Minister of Public Security Luong Tam Quang stated that the above regulation aims to create maximum favorable conditions for people to perform services anytime, anywhere.

At the same time, this also brings practical benefits to society, people, businesses and State management, saving time, effort and money.

The law also clearly stipulates the procedure for issuing LLTP cards online. This regulation does not apply to foreigners or people without electronic identification. They can request to issue the stamp directly or via postal service.

The validity period for issuing an LLTP certificate is 5 working days, from the date of receipt of the valid application. In case there is information about the criminal record or the newly committed crime that needs verification, the time limit for issuing the ballot can be longer but not more than 15 days.

The law takes effect from July 1, 2026.

ANH HUY
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