In 2023, what is the latest Certificate Form of Conduct in Vietnam? Where to download the application form for Certificate Form of Conduct?
In 2023, what is the latest Certificate Form of Conduct in Vietnam? Where to download the Certificate Form of Conduct?
A Certificate of Conduct is a document proving the identity of a person, certifying that the individual has not violated the law, has no criminal record, or does not violate public order in the locality of residence.
Currently, the Certificate of Conduct is often used to serve the verification and recruitment at agencies and enterprises.
The law does not provide for a Certificate of Conduct, but in some localities, it is still issued. A certificate of conduct issued by the local police authority of the place of permanent or temporary residence. In case the local police authority refuses to issue it, it will be necessary to apply for a judicial record card.
Residents can refer to the Certificate Form of Conduct to make job applications below:
>> Download the Certificate Form of Conduct here.
Who has the right to request the issuance of judicial record cards in Vietnam?
Pursuant to the provisions of Article 7 of the Law on Judicial Records 2009 as follows:
Right to request the issuance of judicial record cards
1. Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.
2. Procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.
3. State agencies, political organizations and socio-political organizations may request the issuance of judicial record cards to serve the personnel management, business registration, establishment and management of enterprises or cooperatives.
Thus, the following entities have the right to request the issuance of judicial record cards in Vietnam:
- Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.
- Procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.
- State agencies, political organizations and socio-political organizations may request the issuance of judicial record cards to serve the personnel management, business registration, establishment and management of enterprises or cooperatives.
What are the contents of judicial record card No. 1 and judicial record card No.2 in Vietnam?
Judicial record card No. 1:
Pursuant to Article 42 of the Law on Judicial Records 2009, the contents of judicial record card No. 1 include:
- 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.
- Previous criminal conviction:
+ 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;
+ 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;
+ 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.
- Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:
+ 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;
+ 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.
Judicial record card No. 2:
Pursuant to Article 43 of the Law on Judicial Records 2009, the contents of judicial record card No. 2 include:
- 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, and full names of his/her parents and spouse.
- Previous criminal conviction:
+ For an unconvicted person, the words "no previous criminal conviction" shall be written.
+ For a convict, his/her remitted previous criminal conviction, time of remission, previous criminal conviction not yet remitted, date of judgment pronouncement, serial number of the judgment, the court which has pronounced the judgment, crime, applicable article(s) and clause(s) of law, principal and additional penalties, civil obligation in the criminal judgment, court fee, and state of judgment enforcement.
In case a person is convicted under different judgments, information on his/her previous criminal convictions shall be written in the temporal order.
- Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:
+ 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;
+ 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.
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