What is a judicial record? How much is the current fee for providing judicial record information in Vietnam?
What is a judicial record in Vietnam?
Pursuant to Article 2 of the Law on Judicial Records 2009, the definition of judicial records is as follows:
Interpretation of terms
In this Law, the terms below are construed as follows:
1.Judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person's holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.
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Accordingly, judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person's holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.
What is a judicial record? How much is the current fee for providing judicial record information in Vietnam?
How much is the current fee for providing judicial record information in Vietnam?
Fees for providing judicial record information according to Article 4 of Circular 244/2016/TT-BTC are as follows:
Fees for providing judicial record information are as follows:
No. | Contents | Collection rates (VND/time/person) |
1 | Fee for providing judicial record information | 200.000 |
2 | Fees for providing judicial record information of students, people with meritorious services to the revolution, relatives of martyrs (including biological father, mother, wife (or husband), children (biological children, adopted children), people nurturing martyrs. | 100.000 |
In addition, the following subjects are free to provide judicial record information:
- Children as prescribed in the Law on Protection, Care and Education of Children.
- Elderly people as prescribed in the Law on the Elderly.
- People with disabilities as prescribed in the Law on People with Disabilities.
- People belonging to poor households according to the provisions of Decision 59/2015/QD-TTg dated November 19, 2015 of the Prime Minister on promulgating a multi-dimensional poverty line applicable to the period 2016 - 2020.
- People residing in extremely difficult communes, ethnic minorities in communes with extremely difficult socio-economic conditions, border communes, and safe zone communes according to the provisions of law.
What are the purposes of management of judicial records in Vietnam?
Pursuant to Article 3 of the Law on Judicial Records 2009, the purpose of judicial record management is stipulated as follows:
Purposes of management of judicial records
1. Satisfying the requirement of proving whether or not an individual has a previous criminal conviction or is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.
2. Recording the remission of previous criminal convictions, and facilitating the community reintegration by convicted persons.
3. Supporting criminal proceedings and the making of judicial statistics on crimes.
4. Supporting the personnel management, business registration, establishment and management of enterprises and cooperatives.
Accordingly, judicial records are used to satisfy the requirement of proving whether or not an individual has a previous criminal conviction or is banned from holding certain posts, establish or manage enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.
In addition, it can be used to record the remission of previous criminal convictions, and facilitate the community reintegration by convicted persons.
Or support criminal proceedings and the making of judicial statistics on crimes.
Or used to support the personnel management, business registration, establishment and management of enterprises and cooperatives.
Who are the subjects of judicial record management in Vietnam?
Pursuant to Article 5 of the Law on Judicial Records 2009, the subjects of judicial record management are specified as follows:
- Vietnamese citizens who have been convicted under legally effective criminal judgments of Vietnamese courts or foreign courts, with excerpts of these judgments or their previous criminal convictions provided by competent foreign authorities under treaties on mutual legal assistance in criminal affairs or on the reciprocity principal.
- Foreigners who have been convicted under legally effective criminal judgments of Vietnamese courts.
- Vietnamese citizens and foreigners who are banned by Vietnamese courts from holding certain posts, establishing or managing enterprises or cooperatives under legally effective rulings on bankruptcy declaration.
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