Vietnam: How to complain when a person’s previous criminal conviction has been remitted, but the criminal conviction is still written in his/her judicial record card?
- For a person whose previous criminal conviction has been remitted, what is the information written in his/her judicial record card?
- What to do when a person’s previous criminal conviction has been remitted, but the criminal conviction is still written in his/her judicial record card?
- Where to search information for issuance of judicial record card?
For a person whose previous criminal conviction has been remitted, what is the information written in his/her judicial record card?
In Article 42 of the 2009 Law on Judicial Records in Vietnam, there are provisions on the contents of judicial record card No. 1 as follows:
Contents of judicial record card No. 1
1. Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of the person to whom the judicial record card is issued.
2. Previous criminal conviction:
a/ For an unconvicted person, the words "no previous criminal conviction" shall be written. For a convict who has insufficient conditions for remission of his/her previous criminal convictions, the words "with a previous criminal conviction." the committed crime, principal and additional penalties shall be written;
b/ For a person whose previous criminal conviction has been remitted and for whom information on remission of previous criminal conviction has been updated in his/her judicial records, the words "no previous criminal conviction" shall be written;
c/ For a person eligible for amnesty and for whom information on amnesty has been updated in his/her judicial record, the words "no previous criminal conviction" shall be written.
3. Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:
a/ For a person not banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, the words "not banned from holding certain posts, establishing or managing enterprises or cooperatives" shall be written;
b/ For a person banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, posts subject to the ban and the duration of the ban on establishment or management of enterprises or cooperatives" shall be written.
In case individuals, agencies or organizations make no request, details specified in this Clause will not be written in judicial record cards.
Thus, for a person whose previous criminal conviction has been remitted and for whom information on remission of previous criminal conviction has been updated in his/her judicial record card, the words "no previous criminal conviction" shall be written.
Vietnam: How to complain when a person’s previous criminal conviction has been remitted, but the criminal conviction is still written in his/her judicial records? (Image from the Internet)
What to do when a person’s previous criminal conviction has been remitted, but the criminal conviction is still written in his/her judicial record card?
Article 52 of the 2009 Law on Judicial Records in Vietnam provides for the right to lodge complaints as follows:
Right to lodge complaints
1. Individuals, agencies and organizations requesting the issuance of judicial record cards may lodge complaints in the following cases:
a/ They have grounds to believe that the refusal to issue a judicial record card is unlawful or the issuance of a judicial record card beyond the prescribed time limit infringes upon their legitimate rights and interests:
b/ They have grounds to believe that the issued judicial record card has inaccurate details, infringing upon their legitimate rights and interests.
2. The statute of limitations for lodging a first-time complaint about an act specified in Clause 1 of this Article is 45 days from the date of receipt of a written notice of refusal or the date of expiration of the time limit for issuing judicial record cards or the date of receipt of a judicial record card. In case of objective obstacles, this statute of limitations is 60 days.
The statute of limitations for lodging a second-time complaint is 30 days after receiving a competent person's decision on complaint settlement.
In addition, Article 53 of the 2009 Law on Judicial Records in Vietnam also provides for the competence to settle complaints as follows:
Competence to settle complaints
1. Directors of provincial-level Justice Departments are competent to settle complaints about their acts specified in Clause 1, Article 52 of this Law. Complainants who disagree with complaint settlement decisions of directors of provincial-level Justice Departments may further lodge complaints with chairpersons of provincial-level People's Committees or institute administrative lawsuits at courts.
2. The Director of the National Center for Judicial Records is competent to settle complaints about his/her acts specified in Clause 1, Article 52 of this Law. Complainants who disagree with complaint settlement decisions of the Director of the National Center for Judicial Records may further lodge complaints with the Minister of Justice or institute administrative lawsuits at courts.
3. In case complainants disagree with complaint settlement decisions of chairpersons of provincial-level People's Committees or the Minister of Justice, or if their complaints are not settled by these persons upon the expiration of the time limit for complaint settlement, they may institute administrative lawsuits at courts.
4. The director of a provincial-level Justice Department or the Director of the National Center for Judicial Records shall settle a complaint within 15 days after receiving it.
The chairperson of a provincial-level People's Committee or the Minister of Justice shall settle a complaint within 30 days after receiving it.
Thus, in case a person’s previous criminal conviction has been remitted, but the criminal conviction is still written in his/her judicial records, the person requesting the issuance of judicial record cards may lodge complaints to Directors of provincial-level Justice Departments, the Director of the National Center for Judicial Records.
Where to search information for issuance of judicial record card?
Article 47 of the 2009 Law on Judicial Records in Vietnam provides for search for information for issuance of judicial record card as follows:
Search for information for issuance of judicial record card
1. In case a person requested to be issued a judicial record card has only one place of permanent residence in a province or centrally run city since he/she was full 14 years or older, his/her judicial record information shall be searched at the provincial-level Justice Department in the locality where he/she permanently resides.
2. In case a person requested to be issued a judicial record card has resided in more than one province or centrally run city since he/she was full 14 years or older, his/her judicial record information shall be searched at the provincial-level Justice Department which has received the written request and the National Center for Judicial Records.
3. In case a person requested to be issued a judicial record card is a Vietnamese citizen who once resided overseas or a foreigner, his/her judicial record information shall be searched at the provincial-level Justice Department which has received the written request and the National Center for Judicial Records.
4. In case it is impossible to identify the place of permanent or temporary residence of a person requested to be issued a judicial record card, his/her judicial record information shall be searched at the National Center for Judicial Records.
Thus, it is possible to search information for issuance of judicial record card at two agencies, the provincial-level Department of Justice and the National Center for Judicial Records.
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