Management and use of Judicial Records in the form of 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 has 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 Law Announcement Press Conference, Senior Lieutenant General Le Quoc Hung - Deputy Minister of Public Security - said that the Law stipulates that agencies, organizations and individuals are not required to provide individuals with judicial records or Judicial Records; they are only required to provide Form No. 1 in cases where the law, resolution of the National Assembly, oratory, resolution of the National Assembly Standing Committee or decree, resolution of the Government stipulates.

According to Senior Lieutenant General Le Quoc Hung, the Law has amended and supplemented the regulation that agencies and organizations that have a request to use criminal records of individuals can exploit and use them through connecting and sharing data from criminal records and national population databases, without requiring individuals to provide criminal records.

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

The prosecution 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 Vietnam Fatherland Front Committees at all levels have the right to request competent authorities to issue Judicial Records to provide Judicial Records information to support the management of cadres, civil servants, public employees and the settlement of administrative procedures.

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

Agencies, organizations and individuals are not allowed to require individuals to provide judicial records or Judicial Records No. 1, except in cases where laws, resolutions of the National Assembly, decrees and resolutions of the National Assembly Standing Committee or decrees and resolutions of the Government stipulate that judicial records information should be used to serve the purpose of recruitment, licensing, and granting practice certificates for occupations and positions related to national defense, security, social order and safety, public health or to protect the interests of the State, legitimate rights and interests of individuals when participating in civil and commercial transactions directly related to vulnerable groups in society.

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