Management and use of Judicial Records in the context of sensitive personal data

Vương Trần |

Criminal record information is managed and used in accordance with the law on personal data protection for sensitive personal data.

At the 10th Session, the 15th National Assembly passed the Law amending and supplementing a number of articles of the Law on Judicial Records (Law No. 107/2025/QH15). This Law takes effect from July 1, 2026.

One of the contents that received much attention is the requirement to issue Judicial Records, provide Judicial Records information; the use of Judicial Records, Judicial Records information.

Recently, introducing some new points of the Law at the Press Conference announcing the Law, Senior Lieutenant General Le Quoc Hung - Deputy Minister of Public Security - said that the Law stipulates in the direction that agencies, organizations, and individuals are not allowed to request individuals to provide judicial record information or Judicial Record Certificates; only allowed to request the provision of Certificate No. 1 in cases where laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee or decrees, resolutions of the Government stipulate.

Thuong tuong Le Quoc Hung - Thu truong Bo Cong an. Anh: Tran Vuong
Lieutenant General Le Quoc Hung - Deputy Minister of Public Security. Photo: Tran Vuong

Also according to Senior Lieutenant General Le Quoc Hung, the Law has amended and supplemented regulations that agencies and organizations when requesting the use of personal criminal record information are allowed to exploit and use it through connection and data sharing from the criminal record database, the national population database, without requiring individuals to provide a Criminal Record Certificate.

According to the Law amending and supplementing a number of articles of the Law on Judicial Records, Vietnamese citizens, foreigners who have been or are residing in Vietnam from the age of 16 or older have the right to request competent authorities to issue their Judicial Records.

The procedural agency has the right to request the competent authority to issue a Judicial Record Certificate to provide Judicial Record information to serve the investigation, prosecution, and trial.

State agencies, political organizations, and the Vietnam Fatherland Front Committees at all levels have the right to request competent authorities to issue Judicial Records to provide information on judicial records to support the management of cadres, civil servants, public employees and administrative procedure resolution activities.

Judicial record information, Judicial Record Certificates are managed and used according to the provisions of law on personal data protection for sensitive personal data. Agencies, organizations, and individuals are not required to provide Judicial Record Certificate No. 2 as prescribed in Article 43 of this Law.

Agencies, organizations, and individuals are not allowed to require individuals to provide criminal record information or Criminal Record Card No. 1, except in cases where laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee or decrees, resolutions of the Government stipulate that criminal record information is necessary to serve the purpose of recruiting, issuing licenses, practicing certificates for industries, job positions related to national defense, national security, social order, safety, community health or to protect the interests of the State, the legitimate and lawful rights and interests of individuals when participating in civil and commercial transactions directly related to vulnerable subjects in society.

Vương Trần
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