Notes on the application for a job when being recruited for the 'civil servant in Vietnam' exam: Which judicial record card does the civil servant use?
When taking the civil servant in Vietnam exam, what documents should be prepared to accept the job?
Pursuant to Clause 1, Article 16 of Decree 138/2020/ND-CP stipulating civil servant in Vietnam recruitment documents as follows:
- Within 30 days from the date of receiving the notification of the successful results, the successful candidate must go to the agency competent to recruit civil servants to complete the recruitment application. Recruitment profile includes:
+ Copies of diplomas and certificates as required by the job position applied for, certification of priority subjects (if any);
+ In case the successful candidate has a professional diploma with standardized output in foreign languages or informatics as prescribed, which corresponds to the requirements of the job position for which he/she is applying, he/she is not required to submit a foreign language or informatics certificate.
+ In case the successful candidate is exempted from the foreign language or computer science test as prescribed in Clause 1, Article 8 of this Decree, he/she is not required to submit a foreign language or computer science certificate.
+ Judicial record card issued by a competent authority
What number does the civil servant's employment record use the judicial record card?
Pursuant to Article 41 of the 2009 Law on Judicial Records, the content of the criminal record card is as follows:
"Article 41. Judicial record card
1. Judicial record cards include:
a) Judicial record card No. 1, issued to individuals, agencies and organizations specified in Clauses 1 and 3, Article 7 of this Law;
b) Judicial record card No. 2 shall be issued to the procedure-conducting agency specified in Clause 2, Article 7 of this Law and granted at the request of an individual so that he/she knows the contents of his/her criminal record. "
Pursuant to Article 41 of the 2009 Law on Judicial Records, the right to request the issuance of a criminal record card is as follows:
"Article 7. Right to request the issuance of judicial record cards
1. Vietnamese citizens and foreigners who have been or are currently residing in Vietnam have the right to request the issuance of their judicial record cards.
2. Procedure-conducting agencies have the right to request the issuance of judicial record cards to serve investigation, prosecution and adjudication.
3. State agencies, political organizations and socio-political organizations have the right to request the issuance of judicial record cards to serve the management of personnel, business registration, establishment and management. management of enterprises and cooperatives."
Thus, for civil servant in Vietnam' employment records, Judicial Records Card No. 1 will be used.
Notes on the application for a job when being recruited for the "civil servant in Vietnam" exam: Which judicial record card does the civil servant use?
What is the content of the criminal record card No. 1?
Pursuant to Article 42 of the 2009 Law on Judicial Records, the content of the criminal record card No. 1 is as follows:
- Full name, gender, date, month, year of birth, place of birth, nationality, place of residence, number of people's identity card or passport of the person issued with a criminal record card.
- Criminal status:
+ For the person who is not convicted, write "no criminal record". In case the convict is not eligible for criminal record remission, write "with previous criminal record", crime, main penalty and additional penalty;
+ For the person whose criminal record has been cleared and the information about the remission has been updated in the judicial record, write "no criminal record";
+ For persons granted amnesty and information about the amnesty has been updated in the judicial record, write "no criminal record".
- Information on prohibition from holding certain positions, establishing and managing enterprises or cooperatives:
+ For persons who are not prohibited from holding certain positions, establishing or managing enterprises or cooperatives according to the bankruptcy declaration decision, the words "not prohibited from holding certain positions, establishing or managing enterprises, contracts, etc. cooperative”;
+ For persons banned from holding certain positions, establishing or managing enterprises or cooperatives under the bankruptcy declaration decision, write the positions banned from holding, the time limit for not being allowed to establish or manage the enterprise. Cooperative.
- If an individual, agency or organization does not request it, the contents specified in this Clause shall not be recorded in the judicial record card.
How is the authority to issue a judicial record card?
Pursuant to Article 44 of the 2009 Law on Judicial Records, the competence to issue judicial record cards is as follows:
"Article 44. Competence to issue judicial record cards
1. The National Center for Judicial Records shall issue judicial record cards in the following cases:
a) Vietnamese citizens whose permanent or temporary residence cannot be identified;
b) Foreigners already residing in Vietnam.
2. The Department of Justice shall issue judicial record cards in the following cases:
a) Vietnamese citizens permanently or temporarily residing in the country;
b) Vietnamese citizens residing abroad;
c) Foreigners residing in Vietnam.
3. The director of the National Center for Judicial Records, the Director of the Department of Justice or the person authorized to sign the criminal record card and take responsibility for the content of the criminal record card.
In case of necessity, the National Center for Judicial Records and the Department of Justice shall verify the conditions for automatic remission of criminal records upon issuance of judicial record cards."
Thus, the Department of Justice shall issue a judicial record card in the case of civil servant in Vietnam application for a job.
Lê Nguyễn Cẩm Nhung