Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, as amended and supplemented by Resolution No. 51/2001/QH10;

The National Assembly hereby enacts the Law on Criminal Records1.

Chapter I GENERAL PROVISIONS

Article 1 Scope of regulation

This Law provides for the procedures for providing, receiving, and updating criminal record information; the compilation of criminal records; the organization and management of the criminal record database; the issuance of criminal record certificates; and state management of criminal records.

Article 2 Definitions

For the purposes of this Law, the following terms are defined as follows:

1. A criminal record is a record of the conviction of a person convicted by a legally effective criminal judgment or decision of a court, the status of sentence enforcement, and the prohibition of an individual from holding positions or establishing, managing enterprises or cooperatives in cases where such enterprise or cooperative has been declared bankrupt by a court.
1a. 2 Criminal record information comprises criminal record information relating to convictions and criminal record information relating to prohibitions from holding positions or establishing, managing enterprises or cooperatives, as specified in clauses 2 and 3 of this Article.
2. Criminal record information relating to convictions is information about the convicted individual; the charge, applicable legal provisions, principal penalty, supplementary penalty, the judgment’s order on judicial measures,3 civil obligations in the criminal judgment, and court costs; the date of judgment, the court that rendered the judgment, and the judgment number; and the status of sentence enforcement.
3. Criminal record information relating to prohibitions from holding positions or establishing, managing enterprises or cooperatives is information about the individual prohibited from holding positions or establishing, managing enterprises or cooperatives; the positions prohibited, and the period during which the person is barred from establishing or managing an enterprise or cooperative pursuant to the court’s bankruptcy declaration order.
4. A criminal record certificate is a certificate issued by the competent authority for issuing criminal record certificates4 that serves as proof of whether an individual has or has no conviction, and whether or not the individual is prohibited from holding positions or establishing, managing enterprises or cooperatives in cases where such enterprise or cooperative has been declared bankrupt by a court.
4a. 5 The criminal record database is a collection of an individual’s criminal record information together with information on the personal identification number or passport number in the absence of a personal identification number, the full birth name, other names, date of birth, sex, place of birth registration, nationality, ethnicity, and place of residence; and the full names of the individual’s father, mother, spouse.
5. 6 Competent authorities for issuing criminal record certificates comprise the Criminal Records Department of the Ministry of Public Security and the police authorities of provinces and centrally administered municipalities (hereinafter referred to as “provincial-level police authority”).

Article 3 Purposes of criminal record management

1. To meet the need to certify whether an individual has or has no conviction, and whether or not the individual is prohibited from holding positions or establishing, managing enterprises or cooperatives in cases where such enterprise or cooperative has been declared bankrupt by a court.
2. To record expungement of conviction, thereby facilitating the reintegration of convicted persons into the community.
3. To support criminal proceedings and criminal judicial statistics.
4. 7 To support the management of officials, civil servants, and public employees, and to facilitate the resolution of administrative procedures.

Article 4 Principles of criminal record management

1. A criminal record shall be compiled only on the basis of a legally effective criminal judgment or decision of a court; and a legally effective court order declaring the bankruptcy of an enterprise or cooperative.
2. Respect for individual privacy shall be ensured.
3. Criminal record information must be provided, received, updated, and processed completely and accurately in accordance with the procedures set out in this Law. The authority issuing criminal record certificates shall be responsible for the accuracy of the information in criminal record certificates.

Article 5 Subjects of criminal record management

1. Vietnamese citizens convicted by a legally effective criminal judgment of a Vietnamese court or a foreign court, where an extract of the judgment or an extract of the conviction record of the convicted person has been provided by the competent foreign authority pursuant to an international treaty on mutual legal assistance in criminal matters or on the basis of reciprocity.
2. Foreigners convicted by a legally effective criminal judgment of a Vietnamese court.
3. Vietnamese citizens and foreigners prohibited by a Vietnamese court, by a legally effective bankruptcy declaration order, from holding positions or establishing, managing enterprises or cooperatives.

Article 6  Responsibility to provide criminal record information for the construction of the criminal record database

Courts, procuracies, civil judgment enforcement agencies, competent authorities under the Ministry of Public Security9 and relevant agencies and organizations shall be responsible for providing criminal record information for the construction of the criminal record database10 completely, accurately, and in accordance with the procedures prescribed in this Law and other applicable legal provisions, to the competent authorities for issuing criminal record certificates.11

Article 7  Requests for criminal record certificates and 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 aged 16 or above are entitled to request the competent authority for issuing criminal record certificates to issue their own criminal record certificate.
2. Proceedings-conducting agencies are entitled to request the competent authority for issuing criminal record certificates to provide criminal record information for the purposes of investigation, prosecution, and adjudication.
3. State agencies, political organizations, and Vietnam Fatherland Front Committees at all levels are entitled to request the competent authority for issuing criminal record certificates to provide criminal record information to support the management of officials, civil servants, and public employees, and to facilitate the resolution of administrative procedures.
4. Criminal record information and criminal record certificates shall be managed and used in accordance with the law on personal data protection with respect to sensitive personal data. Agencies, organizations, and individuals shall not require an individual to provide the Criminal Record Certificate No. 2 as specified in Article 43 of this Law.
5. Agencies, organizations, and individuals shall not require an individual to provide criminal record information or a Criminal Record Certificate No. 1, except where a law, a resolution of the National Assembly, an ordinance or resolution of the National Assembly Standing Committee, or a decree or resolution of the Government provides that criminal record information is required for the purposes of recruitment, or the granting of operating licenses or practice certificates, for industries, occupations, or positions related to national defense, national security, social order and safety, or community health, or for the protection of state interests, or the lawful and legitimate rights and interests of individuals participating in civil or commercial transactions directly involving vulnerable persons in society.

Article 8 Prohibited acts

1. Illegally accessing, using, falsifying, or destroying criminal record data.
2. Providing false criminal record information.
3. Forging documents in requests for criminal record certificates.
4. Erasing, altering, or forging criminal record certificates.
5. Issuing criminal record certificates with inaccurate content, beyond one’s authority, or to the wrong subject.
6. Using another person’s criminal record certificate unlawfully, or infringing on an individual’s privacy.

Article 9  State management of criminal records

1. The Government shall exercise unified state management of criminal records.
2. The Supreme People’s Court and the Supreme People’s Procuracy shall be responsible for coordinating with the Government in the exercise of state management of criminal records.
3. The Ministry of Public Security shall take the lead, in coordination with the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of National Defence, and the Ministry of Justice, in regulating coordination in the procedures for searching, exchanging, and providing criminal record information, and in verifying the conditions for automatic expungement of conviction pursuant to the Penal Code.

Article 10  Fees for the provision of criminal record information

1. Agencies, organizations, and individuals shall not be required to pay fees for the provision of criminal record information in the following cases:
a) Agencies or organizations requesting the provision of criminal record information pursuant to clauses 2 and 3 of Article 7 of this Law;
b) Individuals using criminal record information displayed on the National Identity Application.
2. An individual requesting a criminal record certificate must pay a fee for the provision of criminal record information.
3. The rates, collection regime, remittance, management, and use of fees for the provision of criminal record information shall be governed by the law on fees and charges.

Chapter II ORGANIZATION AND MANAGEMENT OF THE CRIMINAL RECORD DATABASE

Article 11  The criminal record database

1. The criminal record database shall be centrally and uniformly constructed at the Ministry of Public Security.
2. The criminal record database shall be connected to and share information with the National Population Database, sector-specific databases, and other relevant databases in accordance with the law.
3. The criminal record database shall be constructed in accordance with information technology technical standards and norms, and economic and technical norms, to ensure stable and continuous operation; and to ensure information security and safety, personal data protection, and ease of collection, updating, adjustment, access, and use.
4. The Ministry of Justice, the Ministry of National Defence, the Supreme People’s Procuracy, and the Supreme People’s Court shall be responsible for collecting, creating, and updating databases under their respective management and connecting and sharing data, while providing complete and timely originals, copies, or electronic versions of the source information specified in Articles 15 and 36 of this Law to the Ministry of Public Security for the construction, management, and use of the criminal record database.
5. The Government shall provide detailed regulations for this Article.

Article 12  Duties of the competent authority for issuing criminal record certificates in managing the criminal record database

1. To construct, manage, access, use, and protect the criminal record database.
2. To receive, update, and process criminal record information provided by relevant agencies and organizations in accordance with this Law.
3. To compile criminal records, issue criminal record certificates, and provide criminal record information within its authority.
4. To implement statistical and reporting requirements regarding the management, receipt, updating, access, and use of the criminal record database.
5. The Minister of Public Security shall provide detailed regulations for this Article.

Article 13  (annulled)

Article 14 Protection and archiving of the criminal record database

The criminal record database is national property and shall be strictly and securely protected and permanently archived.

Only authorized persons may access and use the criminal record database.

The Government shall provide specific regulations on the protection and archiving of the criminal record database.

Chapter III PROVISION, RECEIPT, UPDATE, AND PROCESSING OF CRIMINAL RECORD INFORMATION AND COMPILATION OF CRIMINAL RECORDS

Section 1 CRIMINAL RECORD CERTIFICATES

Article 15  Sources of criminal record information relating to convictions

Criminal record information relating to convictions shall be established from the following sources:

1. Legally effective first-instance criminal judgments and appellate criminal judgments;
2. Cassation review decisions and decisions on review based on newly discovered facts in criminal matters; decisions to suspend appellate adjudication; decisions to release defendants; decisions on cumulation of penalties;
3. Criminal sentence enforcement decisions;
4. Decisions to postpone or suspend the serving of an imprisonment sentence, conditional early release from imprisonment; decisions to annul decisions to postpone or suspend the serving of an imprisonment sentence or conditional early release; decisions to exempt from sentence enforcement; decisions to exempt from enforcement or to reduce the enforcement period; decisions to shorten the probation period for persons serving a suspended sentence or conditionally released early; decisions requiring persons with a suspended sentence to serve their imprisonment sentence; decisions to extend the period of expulsion;
5. Decisions to exempt or reduce enforcement obligations with respect to amounts payable to the state budget;
6. Certificates of completion of sentence enforcement; written notifications of the results of expulsion sentence enforcement;
7. Decisions on enforcement of fines, confiscation of assets, court costs, and other civil obligations of convicted persons; certificates of judgment enforcement results; written notifications of the conclusion of enforcement where the convicted person has fulfilled all obligations;
8. Decisions to suspend judgment enforcement;
9. Decisions to commute a death sentence; decisions to convert a death sentence to life imprisonment;
10. Certificates of special amnesty or general amnesty;
11. Decisions on expungement of conviction;
12. Extracts of judgments or extracts of conviction records of Vietnamese citizens provided by competent foreign authorities to the Supreme People’s Procuracy pursuant to international treaties on mutual legal assistance in criminal matters or on the basis of reciprocity;
13. Documents from competent Vietnamese authorities sent to foreign authorities requesting extradition for criminal prosecution or sentence enforcement; extradition decisions by competent foreign authorities; documents on the receipt and escort of extradited persons from abroad to Vietnam; notifications of decisions on penalty reduction, special amnesty, or general amnesty issued by the transferring State with respect to persons serving an imprisonment sentence;
14. Decisions on enforcement of extradition orders and decisions on transfer of persons serving imprisonment sentences in Vietnam at the request of competent foreign authorities;
15. Other documents and materials that serve as proof of an individual’s conviction information.

Article 16  Duties of courts in providing criminal record information relating to convictions

1. The court that conducted the first-instance trial shall provide the provincial-level police authority of the province or municipality where that court is located with the following documents:
a) Extract of the legally effective first-instance criminal judgment;
b) Extract of the appellate criminal judgment;
c) Cassation review decision or decision on review based on newly discovered facts in criminal matters;
d) Decision to release a defendant;
đ) Decision on cumulation of penalties;
e) Decision to commute a death sentence; decision to convert a death sentence to life imprisonment;
g) Criminal sentence enforcement decision;
h) Decision to postpone the serving of an imprisonment sentence;
i) Decision on expungement of conviction.
2. The court that issued the relevant decision shall provide the provincial-level police authority of the province or municipality where that court is located with the following decisions:
a) Decision to suspend appellate adjudication;
b) Decision to exempt from enforcement; decision to exempt from sentence enforcement;
c) Decision to reduce the enforcement period;
d) Decision to suspend the serving of an imprisonment sentence;
đ) Decision to suspend judgment enforcement;
e) Decision on conditional early release from imprisonment;
g) Decision to annul a decision to postpone the serving of an imprisonment sentence;
h) Decision to annul a decision to suspend the serving of an imprisonment sentence;
i) Decision to annul a decision on conditional early release from imprisonment;
k) Decision to shorten the probation period for persons serving a suspended sentence or conditionally released early;
l) Decision requiring a person with a suspended sentence to serve their imprisonment sentence;
m) Decision to exempt or reduce enforcement obligations with respect to amounts payable to the state budget;
n) Documents on the receipt and escort of extradited persons from abroad to Vietnam as specified in clause 13 of Article 15 of this Law;
o) Decision on enforcement of an extradition order; decision on enforcement of a transfer of a person serving an imprisonment sentence in Vietnam at the request of a competent foreign authority.
3. The time limit for sending the extracts of judgments and decisions specified in clauses 1 and 2 of this Article is 05 working days from the date on which the judgment or decision becomes legally effective, or from the date on which the first-instance court receives the documents specified in points b and c of clause 1 of this Article.
4. The content of judgment extracts specified in points a and b of clause 1 of this Article shall include:
a) The full 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, and place of residence of the convicted person; and the full names of that person’s father, mother, and spouse;
b) The date of judgment, judgment number, the court that rendered the judgment, the charge, applicable legal provisions, principal penalty, supplementary penalty, the judgment’s order on judicial measures, civil obligations in the criminal judgment, and court costs.

Article 17 Duties of the Supreme People’s Procuracy in providing criminal record information relating to convictions

The Supreme People’s Procuracy shall send to the Criminal Records Department of the Ministry of Public Security20 a copy of any extract of a judgment or extract of a conviction record of a Vietnamese citizen provided by a competent foreign authority within 05 working days21 from the date of receipt of the judgment extract or conviction record extract.

Article 18  (annulled)

Article 19  Duties of the Central Military Court in providing criminal record information relating to convictions

The Central Military Court shall provide the Criminal Records Department of the Ministry of Public Security with criminal record information relating to the convictions of persons convicted by military courts, as specified in clauses 1 through 11 of Article 15 of this Law, within 05 working days from the date on which the judgment or decision becomes legally effective or from the date of issuance of the decision or certificate.

Article 20 Duties of civil judgment enforcement agencies in providing criminal record information relating to convictions

Civil judgment enforcement agencies shall send the decisions, certificates of enforcement results, and written notifications specified in clauses 7 and 824 of Article 15 of this Law to the provincial-level police authority25 of the province or municipality where such agency is located within 05 working days26 from the date of issuance of the decision or certificate, or from the date on which the convicted person has completed all enforcement obligations.

Article 21  (annulled)

Article 22  (annulled)

Article 23  (annulled)

Article 24 Supplementation and correction of criminal record information

1. Where criminal record information is incomplete or contains errors, the competent authority for issuing criminal record certificates30 shall request the agency or organization that provided the information to supplement or correct it.
2. Courts, procuracies, civil judgment enforcement agencies, competent authorities under the Ministry of Public Security,31 and relevant agencies and organizations shall be obliged to provide information to the competent authority for issuing criminal record certificates32 within 05 working days33 from the date of receipt of the request for supplementation or correction.
3. 34 (annulled)

Article 25 Forms of providing criminal record information relating to convictions

Criminal record information relating to convictions shall be transmitted in person, by post, or via the internet or computer network.

Section 2 ISSUANCE OF CRIMINAL RECORD CERTIFICATES

Article 26  Compilation of criminal records

1. The competent authority for issuing criminal record certificates shall compile a criminal record in the following cases:
a) Upon receipt of criminal record information relating to convictions provided by a court;
b) Upon receipt of a document indicating that a convicted person has been extradited for sentence enforcement or transferred to serve an imprisonment sentence in Vietnam;
c) Upon receipt of a copy of an extract of a judgment or an extract of a conviction record of a Vietnamese citizen provided by the Supreme People’s Procuracy.
2. A criminal record shall be compiled on the basis of the sources of criminal record information relating to convictions specified in Article 15 of this Law.
3. A criminal record shall be compiled separately for each convicted person and shall contain the following information:
a) The full 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, and place of residence of the convicted person; and the full names of that person’s father, mother, and spouse;
b) The date of judgment, judgment number, the court that rendered the judgment, the charge, applicable legal provisions, principal penalty, supplementary penalty, the judgment’s order on judicial measures, civil obligations in the criminal judgment, and court costs;
c) Status of sentence enforcement.
4. Where a person has been convicted of multiple offenses and a cumulative penalty has been imposed pursuant to the Penal Code, that person’s criminal record shall clearly state each charge, applicable legal provisions, and the aggregate penalty for those offenses.

Article 27  Updating criminal record information relating to convictions where the court issues decisions on postponement or suspension of sentence enforcement, conditional early release; exemption from enforcement, reduction of enforcement period; shortening of probation period; or requiring a person with a suspended sentence to serve their imprisonment sentence

Where a criminal record has already been compiled for a person and the court subsequently issues a decision specified in clause 4 of Article 15 of this Law, the competent authority for issuing criminal record certificates shall update such information in that person’s criminal record.

Article 28 Updating criminal record information relating to convictions in the case of cassation review or review based on newly discovered facts

1. In the case of a cassation review decision or a decision on review based on newly discovered facts that does not accept the appeal and upholds the original legally effective judgment or decision, the provincial-level police authority37 shall record the content of that decision in the criminal record.
2. In the case of a cassation review decision or a decision on review based on newly discovered facts that annuls the legally effective judgment or decision, the provincial-level police authority38 shall update the criminal record information as follows:
a) Where the criminal record was compiled solely on the basis of the annulled judgment or decision, the criminal record shall be deleted from the criminal record database;
b) Where the criminal record was compiled on the basis of multiple judgments or decisions, the information relating to the annulled judgment or decision shall be deleted from the criminal record.

Article 29 Updating criminal record information with respect to subsequent judgments

Where a criminal record has already been compiled for a person and that person is subsequently convicted by another judgment, the provincial-level police authority39 shall add the information from the subsequent judgment to that person’s criminal record.

Article 30 Updating criminal record information upon completion of sentence enforcement or upon grant of special amnesty or general amnesty

1. Upon receipt of a certificate of completion of a sentence of non-custodial reform, a suspended imprisonment sentence, and supplementary penalties; a decision to suspend judgment enforcement; or a written notification of the conclusion of enforcement where the convicted person has fulfilled all obligations, the provincial-level police authority41 shall record in that person’s criminal record the content of the certificate, decision, or written notification.
2. Upon receipt of a certificate of completion of an imprisonment sentence,42 the Criminal Records Department of the Ministry of Public Security43 shall record in that person’s criminal record the content of the certificate; where special amnesty has been granted, it shall record “has completed the imprisonment sentence44 pursuant to a special amnesty decision”; where general amnesty has been granted, it shall record “has been exempted from criminal liability pursuant to a general amnesty decision”.

Article 31 Updating criminal record information in the case of expulsion

Where a convicted person has served the penalty of expulsion, the Criminal Records Department of the Ministry of Public Security45 shall record “has been expelled” in that person’s criminal record.

Article 32 Updating criminal record information where a Vietnamese citizen has been convicted by a foreign court

1. Where a Vietnamese citizen who already has a criminal record is subsequently extradited for sentence enforcement or transferred to serve an imprisonment sentence46 in Vietnam, the Criminal Records Department of the Ministry of Public Security47 shall record in that person’s criminal record the content of the extradition decision or the decision on acceptance of the transfer.
2. Where a Vietnamese citizen who already has a criminal record subsequently has an extract of a judgment or an extract of a conviction record provided by a competent foreign authority, the Criminal Records Department of the Ministry of Public Security48 shall update the information pursuant to Article 29 of this Law.
3. Where a notification is received of a foreign State’s decision on penalty reduction, special amnesty, or general amnesty with respect to a Vietnamese citizen convicted by the courts of that State who is serving an imprisonment sentence49 in Vietnam, the Criminal Records Department of the Ministry of Public Security50 shall record in that person’s criminal record pursuant to Article 27 and clause 2 of Article 30 of this Law.

Article 33  Provision, receipt, and updating of information on new criminal conduct by convicted persons, and updating of information where a convicted person’s conviction is expunged

1. Relevant information on new criminal conduct by a convicted person includes:
a) Decisions to initiate criminal proceedings against an accused, decisions to supplement or amend such decisions, approved by the procuracy;
b) Decisions to discontinue investigation of the criminal case with respect to an accused, decisions to discontinue investigation of an accused;
c) Decisions to resume investigation of an accused;
d) Arrest warrants and decisions to lift an arrest warrant;
đ) Decisions to discontinue the case against an accused or defendant;
e) Decisions to restore the case against an accused or defendant.
2. Courts, procuracies, and investigative bodies shall provide information on new criminal conduct by convicted persons in the form of originals, copies, or electronic versions, and shall connect and share data with the competent authority for issuing criminal record certificates as follows:
a) The court that conducted the first-instance trial shall provide the information specified in point dd of clause 1 of this Article to the provincial-level police authority of the province or municipality where that court is located; the Central Military Court shall provide the information specified in point dd of clause 1 of this Article to the Criminal Records Department 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 Criminal Investigation Agency of the Ministry of Public Security, the Investigation Agency of the Supreme People’s Procuracy, and investigative bodies in the People’s Army shall provide to the Criminal Records Department of the Ministry of Public Security the decisions specified in clause 1 of this Article issued by themselves or by agencies assigned to conduct certain investigative activities;
c) Provincial-level people’s procuracies, district-level people’s procuracies, provincial-level security investigation agencies, and provincial-level criminal investigation agencies shall provide to the provincial-level police authority of the province or municipality where the procuracy or investigative body is located the decisions specified in clause 1 of this Article issued by themselves or by agencies assigned to conduct certain investigative activities;
d) The time limit for providing the information is 05 working days from the date of issuance of the decision or from the date of receipt of a decision issued by an agency assigned to conduct certain investigative activities.
3. The competent authority for issuing criminal record certificates shall update information where a convicted person’s conviction is expunged pursuant to the Penal Code as follows:
a) Where a convicted person has completed the principal penalty or the probation period of a suspended sentence, has completed supplementary penalties and other orders of the judgment or the time limit for enforcement of the judgment has expired, and has not committed a new offense within the automatic expungement period prescribed by the Penal Code, it shall update “conviction expunged” in that person’s criminal record;
b) Where a convicted person’s conviction is expunged by court decision pursuant to the Penal Code and the Code of Criminal Procedure, it shall update “conviction expunged” in that person’s criminal record.

Article 34  (annulled)

Article 35 Processing of criminal record information where an offense is decriminalized

Where a person has been convicted of an offense that is subsequently decriminalized pursuant to the Penal Code, the information relating to that offense shall be deleted from that person’s criminal record.

Section 3 PROVISION OF CRIMINAL RECORD INFORMATION AT THE REQUEST OF AGENCIES AND ORGANIZATIONS85

Article 36 Sources of criminal record information relating to prohibitions from holding positions or establishing, managing enterprises or cooperatives

Criminal record information relating to prohibitions from holding positions or establishing, managing enterprises or cooperatives shall be established from legally effective court bankruptcy declaration orders in accordance with the Law on Bankruptcy.

Article 37  Provision and receipt of criminal record information relating to prohibitions from holding positions or establishing, managing enterprises or cooperatives

1. The court that issued the bankruptcy declaration order for an enterprise or cooperative shall provide an extract of the bankruptcy declaration order, including its provisions on prohibiting an individual from holding positions or establishing, managing enterprises or cooperatives, in the form of an original, copy, or electronic version, and shall connect and share data with the provincial-level police authority of the province or municipality where that court is located within 05 working days from the date on which the order becomes legally effective.
2. The content of the extract of the bankruptcy declaration order shall include:
a) The full 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, and place of residence of the person prohibited from holding positions or establishing, managing enterprises or cooperatives;
b) The positions prohibited; the period during which the person is prohibited from holding positions, and from establishing, managing enterprises or cooperatives.
3. The provincial-level police authority shall be responsible for receiving criminal record information relating to prohibitions from holding positions or establishing, managing enterprises or cooperatives provided by courts, in accordance with regulations of the Minister of Public Security.

Article 38  Compilation of criminal records and updating of information relating to prohibitions from holding positions or establishing, managing enterprises or cooperatives

Where a person prohibited by a court from holding positions or establishing, managing enterprises or cooperatives does not yet have a criminal record, the provincial-level police authority of the province or municipality where the court that issued the bankruptcy declaration order is located shall compile a criminal record for that person; where such a criminal record already exists, the information shall be updated in that person’s criminal record pursuant to the court’s order.

Article 39 Processing of criminal record information upon expiry of the prohibition period

Information on an individual’s prohibition from establishing, managing enterprises or cooperatives shall be deleted from that individual’s criminal record upon expiry of the period prescribed in the court’s bankruptcy declaration order.

Article 40 Forms of providing criminal record information relating to prohibitions from holding positions or establishing, managing enterprises or cooperatives

Criminal record information relating to prohibitions from holding positions or establishing, managing enterprises or cooperatives shall be transmitted in person, by post, or via the internet or computer network.

Chapter IV ISSUANCE OF CRIMINAL RECORD CERTIFICATES TO INDIVIDUALS AND PROVISION OF CRIMINAL RECORD INFORMATION TO AGENCIES AND ORGANIZATIONS

Section 1 CRIMINAL RECORD CERTIFICATES

Article 41  Criminal record certificates

1. Criminal record certificates issued to individuals specified in clause 1 of Article 7 of this Law comprise Criminal Record Certificate No. 1 and Criminal Record Certificate No. 2.
2. Criminal record certificates shall be issued in electronic or paper form and shall have equal legal validity.
3. Where a criminal record certificate in electronic form has been issued pursuant to this Law, the criminal record information shall simultaneously be displayed on the National Identity Application and shall have the same validity as a criminal record certificate. Criminal record information displayed on the National Identity Application shall be updated so that individuals may use it as needed without requesting a new criminal record certificate.
4. The Minister of Public Security shall prescribe the form of criminal record certificates and the format for displaying criminal record information on the National Identity Application.

Article 42 Content of Criminal Record Certificate No. 1

1. The full birth name, other names,57 sex, date of birth, place of birth registration, nationality, ethnicity,58 place of residence, and personal identification number or passport number in the absence of a personal identification number59 of the person to whom the certificate is issued.
2. Conviction status:
a) For persons with no conviction, it shall state “no conviction”. For persons convicted whose conviction does not yet satisfy the conditions for expungement, it shall state “convicted”, together with the charge, principal penalty, and supplementary penalty;
b) For persons whose conviction has been expunged and whose expungement has been updated in the criminal record, it shall state “no conviction”;
c) For persons granted general amnesty whose amnesty has been updated in the criminal record, it shall state “no conviction”.
3. Information on prohibitions from holding positions or establishing, managing enterprises or cooperatives:
a) For persons not prohibited from holding positions or establishing, managing enterprises or cooperatives pursuant to a bankruptcy declaration order, it shall state “not prohibited from holding positions or establishing, managing enterprises or cooperatives”;
b) For persons prohibited from holding positions or establishing, managing enterprises or cooperatives pursuant to a bankruptcy declaration order, it shall state the positions prohibited and the period during which the person is barred from establishing or managing enterprises or cooperatives.

Where neither the individual, the agency, nor the organization has requested this information, the content specified in this clause shall not be included in the criminal record certificate.

Article 43 Content of Criminal Record Certificate No. 2

1. The full birth name, other names,60 sex, date of birth, place of birth registration, nationality, ethnicity,61 place of residence, personal identification number or passport number in the absence of a personal identification number,62 and the full names of the father, mother, and spouse63 of the person to whom the certificate is issued.
2. Conviction status:
a) For persons with no conviction, it shall state “no conviction”;
b) For persons who have been convicted, it shall fully state all expunged convictions and the dates of expungement, unresolved convictions, the date of judgment, judgment number, the court that rendered the judgment, the charge, applicable legal provisions, principal penalty, supplementary penalty, the judgment’s order on judicial measures,64 civil obligations in the criminal judgment, court costs, and status of sentence enforcement.

Where a person has been convicted by different judgments, the conviction information shall be recorded in chronological order.

3. Information on prohibitions from holding positions or establishing, managing enterprises or cooperatives:
a) For persons not prohibited from holding positions or establishing, managing enterprises or cooperatives pursuant to a bankruptcy declaration order, it shall state “not prohibited from holding positions or establishing, managing enterprises or cooperatives”;
b) For persons prohibited from holding positions or establishing, managing enterprises or cooperatives pursuant to a bankruptcy declaration order, it shall state the positions prohibited and the period during which the person is barred from establishing or managing enterprises or cooperatives.

Section 2 ISSUANCE OF CRIMINAL RECORD CERTIFICATES

Article 44 Authority to issue criminal record certificates

1. The Criminal Records Department of the Ministry of Public Security65 shall issue criminal record certificates in the following cases:
a) Vietnamese citizens whose place of permanent residence or temporary residence cannot be determined;
b) Foreigners who have resided in Vietnam.
2. The provincial-level police authority66 shall issue criminal record certificates in the following cases:
a) Vietnamese citizens with permanent or temporary residence in Vietnam;
b) Vietnamese citizens currently residing abroad;
c) Foreigners currently residing in Vietnam.
3. The Director of the Criminal Records Department of the Ministry of Public Security67 or the Director of the provincial-level police authority68 or an authorized person shall sign criminal record certificates and be responsible for their content.

Where necessary, the Criminal Records Department of the Ministry of Public Security69 and the provincial-level police authority70 shall be responsible for verifying the conditions for automatic expungement of conviction when issuing criminal record certificates.

4. 71 (annulled)

Article 45  Procedures for requesting criminal record certificates

1. Individuals shall request criminal record certificates online.

Foreigners and persons without a digital identity may request criminal record certificates in person or by postal service.

2. A request for a criminal record certificate shall be submitted as follows:
a) Online requests shall be submitted through the National Identity Application or the National Public Service Portal;
b) Requests by postal service shall be submitted with documentation certified with the applicant’s signature in accordance with the law;
c) Requests submitted in person shall be filed at the competent authority for issuing criminal record certificates.
3. An individual may request a criminal record certificate on behalf of their father, mother, spouse, child, or ward. Such requests shall be submitted in accordance with clause 2 of this Article.
4. An individual may authorize another person to complete the procedures for requesting a criminal record certificate. Such authorization must be made in writing in accordance with the law, and the request shall be submitted in accordance with points b and c of clause 2 of this Article.

Article 46  (annulled)

Article 47 Information search for issuing criminal record certificates

1. Where the person to whom the certificate is to be issued has had only one place of permanent residence in a province or municipality74 since reaching the age of 14, the search for criminal record information shall be conducted at the provincial-level police authority75 of that province or municipality.
2. Where the person to whom the certificate is to be issued has resided in more than one province or centrally administered municipality since reaching the age of 14, the search for criminal record information shall be conducted at the provincial-level police authority76 receiving the request and at the Criminal Records Department of the Ministry of Public Security.77
3. Where the person to whom the certificate is to be issued is a Vietnamese citizen who has resided abroad for a period of time, or is a foreigner, the search for criminal record information shall be conducted at the provincial-level police authority78 receiving the request and at the Criminal Records Department of the Ministry of Public Security.79
4. Where the place of permanent residence or temporary residence of the person to whom the certificate is to be issued cannot be determined, the search for criminal record information shall be conducted at the Criminal Records Department of the Ministry of Public Security.80

Article 48  Issuance of criminal record certificates

1. Where a request has been submitted pursuant to point a of clause 2 of Article 45 of this Law, the criminal record certificate shall be issued in electronic form.

Where a request has been submitted pursuant to points b and c of clause 2 of Article 45 of this Law, the criminal record certificate shall be issued in paper form.

2. The time limit for issuing a criminal record certificate is 05 working days from the date of receipt of a valid request; where there is conviction information or new criminal conduct requiring verification, the time limit may be extended but shall not exceed 15 days.

Article 49 Refusal to issue criminal record certificates

The competent authority for issuing criminal record certificates82 may refuse to issue a criminal record certificate in the following cases:

1. The issuance of the criminal record certificate does not fall within its authority;
2. The applicant83 does not satisfy the conditions specified in Article 7 and clauses 3 and 484 of Article 45 of this Law;
3. The documents accompanying the criminal record certificate application form are incomplete or forged.

Where a criminal record certificate is refused, written notification stating the reasons shall be provided.

Article 50 Supplementation, correction, recovery, and cancellation of criminal record certificates

The authority that issued the criminal record certificate shall be responsible for supplementing, correcting, recovering, or cancelling a criminal record certificate where the issued certificate contains inaccurate content or was issued in contravention of the law.

Section 3 PROVISION OF CRIMINAL RECORD INFORMATION AT THE REQUEST OF AGENCIES AND ORGANIZATIONS85

Article 50a Content of criminal record information to be provided

Criminal record information provided at the request of proceedings-conducting agencies shall comprise the content specified in Article 43 of this Law; criminal record information provided at the request of state agencies, political organizations, and Vietnam Fatherland Front Committees at all levels shall comprise the content specified in Article 42 of this Law.

Article 50b Provision of criminal record information

1. Where an agency or organization specified in clauses 2 and 3 of Article 7 of this Law requires the use of an individual’s criminal record information, it may access and use criminal record information through data connection and sharing from the criminal record database and the National Population Database, without requiring the individual to provide a criminal record certificate. Criminal record information accessed pursuant to this clause shall have the same validity as a criminal record certificate.
2. The Ministry of Public Security shall be responsible for organizing the connection, sharing, and access of criminal record information for requesting agencies and organizations, ensuring that it is used for the correct purpose, and ensuring information security, safety, and personal data protection.
3. Agencies and organizations requesting the use of criminal record information shall be responsible for accessing and using criminal record information for the correct purpose and for ensuring information security, safety, and personal data protection.

Chapter V HANDLING OF VIOLATIONS AND RESOLUTION OF COMPLAINTS AND DENUNCIATIONS RELATING TO CRIMINAL RECORDS

Article 51 Handling of violations

1. Authorized persons in the management of criminal records who violate the provisions of this Law shall, depending on the nature and severity of the violation, be subject to disciplinary action or criminal prosecution; if damage is caused, they shall be liable for compensation in accordance with the law.
2. Any person who violates the provisions of this Law shall, depending on the nature and severity of the violation, be subject to administrative penalties or criminal prosecution; if damage is caused, they shall be liable for compensation in accordance with the law.

Article 52  Resolution of complaints

An individual is entitled to request the competent authority to review the issuance of a criminal record certificate where there are grounds to believe that the issuance or refusal to issue the certificate was unlawful or that the criminal record information is inaccurate and infringes upon their lawful rights and interests.

The authority, procedures, and process for resolving complaints shall be governed by the law on complaints.

Article 53  (annulled)

Article 54 Denunciations

Citizens are entitled to denounce to competent agencies, organizations, or individuals any unlawful conduct by authorized persons in the management of criminal records that causes or threatens to cause harm to the interests of the State, or the lawful rights and interests of citizens, agencies, or organizations.

The resolution of denunciations shall be governed by the law on resolution of denunciations.

Chapter VI IMPLEMENTING PROVISIONS

Article 55 Entry into force

This Law shall take effect from 1 July 2010.

Article 56  (annulled)

Article 57 Detailed regulations and implementing guidance

The Government, the Supreme People’s Court, and the Supreme People’s Procuracy shall, within their respective mandates and authority, provide detailed regulations and implementing guidance for the articles and clauses assigned to them under this Law; and provide guidance on other necessary matters under this Law to meet the requirements of state management.

Authentication of the consolidated text

Chairman Lê Quang Mạnh

Amendment notes

  1. ↑ 1.

    The Law on Residence No. 68/2020/QH14 was enacted pursuant to the following basis:

    “Pursuant to the Constitution of the Socialist Republic of Vietnam; The National Assembly hereby enacts the Law on Residence.”

    Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records was enacted pursuant to the following basis:

    “Pursuant to the Constitution of the Socialist Republic of Vietnam, as amended and supplemented by Resolution No. 203/2025/QH15; The National Assembly hereby enacts the Law amending and supplementing a number of articles of the Law on Criminal Records No. 28/2009/QH12, as amended and supplemented by Law No. 68/2020/QH14.”

  2. ↑ 2.

    This clause was added pursuant to point a, clause 1, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  3. ↑ 3.

    The phrase “the judgment’s order on judicial measures,” was added pursuant to point o, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  4. ↑ 4.

    The phrase “agency managing the criminal record database” was replaced by “competent authority for issuing criminal record certificates” pursuant to point l, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  5. ↑ 5.

    This clause was added pursuant to point b, clause 1, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  6. ↑ 6.

    This clause was amended and supplemented pursuant to point c, clause 1, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  7. ↑ 7.

    This clause was amended and supplemented pursuant to clause 2, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  8. ↑ 8.

    The phrase “responsibility to provide criminal record information” was replaced by “responsibility to provide criminal record information for the construction of the criminal record database” pursuant to point dd, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  9. ↑ 9.

    The phrase “, enforcement agencies under the Ministry of National Defence” was removed pursuant to point q, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  10. ↑ 10.

    The phrase “responsibility to provide criminal record information” was replaced by “responsibility to provide criminal record information for the construction of the criminal record database” pursuant to point dd, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  11. ↑ 11.

    The phrase “agency managing the criminal record database” was replaced by “competent authority for issuing criminal record certificates” pursuant to point l, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  12. ↑ 12.

    This Article was amended and supplemented pursuant to clause 3, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  13. ↑ 13.

    This Article was amended and supplemented pursuant to clause 4, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  14. ↑ 14.

    This Article was amended and supplemented pursuant to clause 5, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  15. ↑ 15.

    This Article was amended and supplemented pursuant to clause 6, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  16. ↑ 16.

    This Article was amended and supplemented pursuant to clause 7, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  17. ↑ 17.

    This Article was annulled pursuant to clause 23, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  18. ↑ 18.

    This Article was amended and supplemented pursuant to clause 8, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  19. ↑ 19.

    This Article was amended and supplemented pursuant to clause 9, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  20. ↑ 20.

    The phrase “National Criminal Records Center” was replaced by “Criminal Records Department of the Ministry of Public Security” pursuant to point b, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  21. ↑ 21.

    The phrase “10 days” was replaced by “05 working days” pursuant to point h, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  22. ↑ 22.

    This Article was annulled pursuant to clause 23, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  23. ↑ 23.

    This Article was amended and supplemented pursuant to clause 10, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  24. ↑ 24.

    The phrase “clause 11” was replaced by “clauses 7 and 8” pursuant to point m, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  25. ↑ 25.

    The phrase “provincial-level Department of Justice” was replaced by “provincial-level police authority” pursuant to point c, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  26. ↑ 26.

    The phrase “10 days” was replaced by “05 working days” pursuant to point h, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  27. ↑ 27.

    This Article was annulled pursuant to clause 23, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  28. ↑ 28.

    This Article was annulled pursuant to clause 23, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  29. ↑ 29.

    This Article was annulled pursuant to clause 23, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  30. ↑ 30.

    The phrase “agency managing the criminal record database” was replaced by “competent authority for issuing criminal record certificates” pursuant to point l, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  31. ↑ 31.

    The phrase “, enforcement agencies under the Ministry of National Defence” was removed pursuant to point q, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  32. ↑ 32.

    The phrase “agency managing the criminal record database” was replaced by “competent authority for issuing criminal record certificates” pursuant to point l, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  33. ↑ 33.

    The phrase “10 days” was replaced by “05 working days” pursuant to point h, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  34. ↑ 34.

    This clause was annulled pursuant to clause 23, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  35. ↑ 35.

    This Article was amended and supplemented pursuant to clause 11, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  36. ↑ 36.

    This Article was amended and supplemented pursuant to clause 12, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  37. ↑ 37.

    The phrase “provincial-level Department of Justice” was replaced by “provincial-level police authority” pursuant to point c, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  38. ↑ 38.

    The phrase “provincial-level Department of Justice” was replaced by “provincial-level police authority” pursuant to point c, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  39. ↑ 39.

    The phrase “provincial-level Department of Justice” was replaced by “provincial-level police authority” pursuant to point c, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  40. ↑ 40.

    Cụm từ “chấp hành xong hình phạt” được thay thế bằng cụm từ “chấp hành xong án phạt” theo quy định tại điểm e khoản 22 Điều 1 của Luật số 107/2025/QH15 sửa đổi, bổ sung một số điều của Luật Lý lịch tư pháp, có hiệu lực kể từ ngày 01 tháng 7 năm 2026.

  41. ↑ 41.

    The phrase “provincial-level Department of Justice” was replaced by “provincial-level police authority” pursuant to point c, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  42. ↑ 42.

    The phrase “completion of serving the penalty” was replaced by “completion of serving the sentence” pursuant to point e, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  43. ↑ 43.

    The phrase “National Criminal Records Center” was replaced by “Criminal Records Department of the Ministry of Public Security” pursuant to point b, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  44. ↑ 44.

    The phrase “completion of serving the penalty” was replaced by “completion of serving the sentence” pursuant to point e, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  45. ↑ 45.

    The phrase “National Criminal Records Center” was replaced by “Criminal Records Department of the Ministry of Public Security” pursuant to point b, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  46. ↑ 46.

    The phrase “serving the penalty” was replaced by “serving the sentence” pursuant to point g, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  47. ↑ 47.

    The phrase “National Criminal Records Center” was replaced by “Criminal Records Department of the Ministry of Public Security” pursuant to point b, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  48. ↑ 48.

    The phrase “National Criminal Records Center” was replaced by “Criminal Records Department of the Ministry of Public Security” pursuant to point b, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  49. ↑ 49.

    The phrase “serving the penalty” was replaced by “serving the sentence” pursuant to point g, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  50. ↑ 50.

    The phrase “National Criminal Records Center” was replaced by “Criminal Records Department of the Ministry of Public Security” pursuant to point b, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  51. ↑ 51.

    This Article was amended and supplemented pursuant to clause 13, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  52. ↑ 52.

    This Article was annulled pursuant to clause 23, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  53. ↑ 53.

    This Article was amended and supplemented pursuant to clause 14, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  54. ↑ 54.

    This Article was amended and supplemented pursuant to clause 15, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  55. ↑ 55.

    The title of this Chapter was amended and supplemented pursuant to clause 16, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  56. ↑ 56.

    This Article was amended and supplemented pursuant to clause 17, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  57. ↑ 57.

    The phrase “Full name” was replaced by “Full birth name, other names” pursuant to point i, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  58. ↑ 58.

    The phrase “place of birth, nationality” was replaced by “place of birth registration, nationality, ethnicity” pursuant to point n, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  59. ↑ 59.

    The phrase “national identity card number or passport number” was replaced by “personal identification number or passport number in the absence of a personal identification number” pursuant to point d, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  60. ↑ 60.

    The phrase “Full name” was replaced by “Full birth name, other names” pursuant to point i, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  61. ↑ 61.

    The phrase “place of birth, nationality” was replaced by “place of birth registration, nationality, ethnicity” pursuant to point n, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  62. ↑ 62.

    The phrase “national identity card number or passport number” was replaced by “personal identification number or passport number in the absence of a personal identification number” pursuant to point d, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  63. ↑ 63.

    The phrase “full names of father, mother, spouse” was replaced by “full names of the father, mother, and spouse” pursuant to point k, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  64. ↑ 64.

    The phrase “the judgment’s order on judicial measures,” was added pursuant to point o, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  65. ↑ 65.

    The phrase “National Criminal Records Center” was replaced by “Criminal Records Department of the Ministry of Public Security” pursuant to point b, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  66. ↑ 66.

    The phrase “provincial-level Department of Justice” was replaced by “provincial-level police authority” pursuant to point c, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  67. ↑ 67.

    The phrase “Director of the National Criminal Records Center” was replaced by “Director of the Criminal Records Department of the Ministry of Public Security” pursuant to point a, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  68. ↑ 68.

    The phrase “provincial-level Department of Justice” was replaced by “provincial-level police authority” pursuant to point c, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  69. ↑ 69.

    The phrase “National Criminal Records Center” was replaced by “Criminal Records Department of the Ministry of Public Security” pursuant to point b, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  70. ↑ 70.

    The phrase “provincial-level Department of Justice” was replaced by “provincial-level police authority” pursuant to point c, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  71. ↑ 71.

    This clause was annulled pursuant to clause 23, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  72. ↑ 72.

    This Article was amended and supplemented pursuant to clause 18, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  73. ↑ 73.

    This Article was annulled pursuant to clause 23, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  74. ↑ 74.

    The phrase “centrally administered” was removed pursuant to point r, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  75. ↑ 75.

    The phrase “provincial-level Department of Justice” was replaced by “provincial-level police authority” pursuant to point c, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  76. ↑ 76.

    The phrase “provincial-level Department of Justice” was replaced by “provincial-level police authority” pursuant to point c, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  77. ↑ 77.

    The phrase “National Criminal Records Center” was replaced by “Criminal Records Department of the Ministry of Public Security” pursuant to point b, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  78. ↑ 78.

    The phrase “provincial-level Department of Justice” was replaced by “provincial-level police authority” pursuant to point c, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  79. ↑ 79.

    The phrase “National Criminal Records Center” was replaced by “Criminal Records Department of the Ministry of Public Security” pursuant to point b, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  80. ↑ 80.

    The phrase “National Criminal Records Center” was replaced by “Criminal Records Department of the Ministry of Public Security” pursuant to point b, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  81. ↑ 81.

    This Article was amended and supplemented pursuant to clause 19, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  82. ↑ 82.

    The phrase “agency managing the criminal record database” was replaced by “competent authority for issuing criminal record certificates” pursuant to point l, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  83. ↑ 83.

    The phrase “on behalf of another person” was removed pursuant to point p, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  84. ↑ 84.

    The phrase “, clause 4” was added pursuant to point p, clause 22, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  85. ↑ 85.

    This Section, comprising Articles 50a and 50b, was added pursuant to clause 20, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  86. ↑ 86.

    This Article was amended and supplemented pursuant to clause 21, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  87. ↑ 87.

    This Article was annulled pursuant to clause 23, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

  88. ↑ 88.

    Article 38 of the Law on Residence No. 68/2020/QH14, effective from 1 July 2021, provides as follows:

    “Article 38. Implementing provisions

    1. This Law shall take effect from 1 July 2021.

    2. The Law on Residence No. 81/2006/QH11, as amended and supplemented by Law No. 36/2013/QH13, shall cease to have effect from the date this Law takes effect.

    3. From the date this Law takes effect, household registration books and temporary residence books previously issued shall remain in use and shall be valid as documents confirming residence in accordance with this Law until 31 December 2022. Where the information in a household registration book or temporary residence book differs from information in the Residence Database, the information in the Residence Database shall prevail. Where a citizen carries out residence registration procedures that result in changes to information in the household registration book or temporary residence book, the residence registration authority shall be responsible for collecting the issued household registration book or temporary residence book, updating information in the Residence Database in accordance with this Law, and shall not issue new or replacement household registration books or temporary residence books.

    4. The Government, ministries, ministerial-level agencies, and other relevant agencies shall review legal normative documents within their authority that contain provisions related to household registration books or temporary residence books or that require the presentation of documents confirming residence, in order to amend and supplement them in conformity with this Law, and to limit the use of information on place of residence as a condition for carrying out administrative procedures."

    Articles 2 and 3 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026, provide as follows:

    “Article 2. Entry into force

    This Law shall take effect from 1 July 2026.

    Article 3. Transitional provisions

    1. The Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Justice, the Ministry of National Defence, and relevant agencies and organizations shall be responsible for coordinating with the Ministry of Public Security to organize the connection and sharing of criminal record data formed before the effective date of this Law, ensuring completion before 1 July 2026, for the construction of the criminal record database.

    2. Applications for criminal record certificates received before the effective date of this Law shall be processed in accordance with the Law on Criminal Records No. 28/2009/QH12, as amended and supplemented by Law No. 68/2020/QH14."

    89 This Article was annulled pursuant to clause 23, Article 1 of Law No. 107/2025/QH15 amending and supplementing a number of articles of the Law on Criminal Records, effective from 1 July 2026.

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Quỳnh Nguyễn

Quỳnh Nguyễn

Legal

Ten years in Vietnamese law, including as in-house counsel at real estate developers. Licensed as a lawyer since 2023.

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