Is it possible to authorize other persons to carry out procedures for requesting the issuance of judicial record cards No. 1? What is the time limit for issuance of judicial record cards in Vietnam?
Is it possible to authorize other persons to carry out procedures for requesting the issuance of judicial record cards No. 1?
In Article 45 of the 2009 Law on Judicial Records in Vietnam, as amended by Clause 4, Article 37 of the 2020 Law on Residence in Vietnam, stipulating the procedures for requesting the issuance of judicial record card No. 1 as follows:
Procedures for requesting the issuance of judicial record card No. 1
1. A requester for a judicial record card shall submit a declaration requesting the issuance thereof enclosed with the following papers:
a/ A copy of the identity card or passport of the person requested to be issued a judicial record card;
2. Individuals shall submit declarations requesting the issuance of judicial record cards and enclosed papers to the following agencies:
a/ Vietnamese citizens shall submit their declarations to provincial-level Justice Departments in localities where they permanently reside. In case they have no place of permanent residence, they shall submit such a declaration to the provincial-level Justice Department in the locality where the requester temporarily resides. A requester residing overseas shall submit such a declaration to the provincial-level Justice Department in the locality where he/she resided before his/her departure;
b/ Foreigners residing in Vietnam shall submit their declarations to provincial-level Justice Departments in localities where they reside. In case they have left Vietnam, their declarations shall be submitted to the National Center for Judicial Records.
3. Individuals may authorize other persons to carry out procedures for requesting the issuance of judicial record cards. The authorization must be established in writing under law. In case a requester for a judicial record card is a parent, spouse or child of the person requested to be issued a judicial record card, no written authorization is required.
4. When requesting the issuance of judicial record cards, agencies and organizations specified in Clause 3, Article 7 of this Article shall send written requests to provincial-level Justice Departments in localities where persons requested to be issued judicial record cards permanently or temporarily reside. In case it is impossible to identify places of permanent or temporary residence of persons requested to be issued judicial record cards, written requests shall be sent to the National Center for Judicial Records. A written request must clearly indicate the address of the requesting agency or organization, the purpose of use of the judicial record card and information on the person requested to be issued a judicial record card under Clause 1, Article 42 of this Law.
5. The Minister of Justice shall set the form of declaration requesting the issuance of judicial record cards.
Thus, individuals may authorize other persons to carry out procedures for requesting the issuance of judicial record cards. The authorization must be established in writing under law except for the case a requester for a judicial record card is a parent, spouse or child of the person requested to be issued a judicial record card.
What are the contents of judicial record cards in Vietnam?
Article 42 of the 2009 Law on Judicial Records in Vietnam stipulates the contents of the 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, the judicial record card will include personal information, previous criminal conviction, and information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives.
Is it possible to authorize other persons to carry out procedures for requesting the issuance of judicial record cards No. 1? What is the time limit for issuance of judicial record cards in Vietnam? (Image from the Internet)
What is the time limit for issuance of judicial record cards in Vietnam?
In Article 48 of the 2009 Law on Judicial Records in Vietnam, the time limit for issuance of judicial record cards is as follows:
Time limit for issuance of judicial record cards
1. The time limit for issuance of a judicial record card is 10 days after the receipt of a valid request. In case a person requested to be issued a judicial record card is a Vietnamese citizen who has resided in different localities or once resided overseas, or a foreigner specified in Clauses 2 and 3. Article 47 of this Law, and in case of necessity to verify the conditions on automatic remission of previous criminal convictions specified in Clause 3, Article 44 of this Law, the time limit is 15 days.
2. In case of emergency specified in Clause 1, Article 46 of this Law, the time limit is 24 hours after the receipt of a request.
Thus, according to the above regulations, the time limit for issuance of judicial record card No. 1 to Vietnamese citizens is no more than 10 days after the receipt of a valid request, in some special cases it is no more than 15 days.
The time limit for issuance of judicial record card No. 2 is not more than 24 hours.
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