Vietnam: Which judicial record card is used in the resume? Which agency issues judicial record cards to apply for a job?
Which judicial record card is used in the resume?
In Article 41 of the 2009 Law on Judicial Records in Vietnam on judicial record cards as follows:
Judicial record cards in Vietnam
1. Judicial record cards include:
a/ Judicial record card No. 1, which shall be issued to individuals, agencies and organizations specified in Clauses 1 and 3. Article 7 of this Law;
b/ Judicial record card No. 2, which shall be issued to procedure-conducting agencies specified in Clause 2, Article 7 of this Law and at the request of individuals who want to know their judicial records.
2. The Minister of Justice shall set forms of judicial record cards.
Article 7 of the 2009 Law on Judicial Records in Vietnam provides for the right to request the issuance of judicial record cards as follows:
Right to request the issuance of judicial record cards in Vietnam
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.
Article 42 of the 2009 Law on Judicial Records in Vietnam stipulates 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 judicial conviction:
a/ For an unconvicted person, the words "no previous judicial conviction" shall be written. For a convict who has insufficient conditions for remission of his/her previous judicial convictions, the words "with a previous judicial conviction." the committed crime, principal and additional penalties shall be written;
b/ For a person whose previous judicial conviction has been remitted and for whom information on remission of previous judicial conviction has been updated in his/her judicial records, the words "no previous judicial 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 judicial 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, because judicial record card No.1 is issued to Vietnamese citizens, foreigners who have been or are currently residing in Vietnam, while judicial record card No. 2 is issued to the procedural agencies to serve their investigation, prosecution, trial. Therefore, when applying for a job, citizens request a judicial record card No 1.
Which agency issues judicial record cards to apply for a job?
In Article 44 of the 2009 Law on Judicial Records in Vietnam on the competence to issue judicial record cards as follows:
Competence to issue judicial record cards
1. The National Center for Judicial Records shall issue judicial record cards to the following persons:
a/ Vietnamese citizens whose places of permanent or temporary residence are unidentifiable;
b/ Foreigners who resided in Vietnam.
2. Provincial-level Justice Departments shall issue judicial record cards to the following persons:
a/ Vietnamese citizens permanently or temporarily residing in Vietnam;
b/ Vietnamese citizens currently residing overseas;
c/ Foreigners currently residing in Vietnam.
3. The Director of the National Center for Judicial Records, directors of provincial-level Justice Departments or their authorized persons shall sign judicial record cards and take responsibility for their contents.
When necessary, the National Center for Judicial Records and provincial-level Justice Departments shall verify the conditions on automatic remission of previous judicial convictions upon issuance of judicial record cards.
4. The issuance of judicial record cards must be recorded in judicial record card issuance books made according to a form set by the Minister of Justice.
Thus, according to the above provisions, depending on the object of application for the issuance of a judicial record card, the agency competent to issue a judicial record card will be different. Specifically, the National Center for Judicial Records and provincial-level Justice Departments are competent agencies to issue judicial record cards.
Vietnam: Which judicial record card is used in the resume? Which agency issues judicial record cards to apply for a job? (Image from the Internet)
Is there a fee to be issued with a judicial record card?
In Article 4 of Circular No. 244/2016/TT-BTC on the fee for providing judicial record information as follows:
- Fee for providing judicial record information is VND 200,000/time/person.
- Fees for providing information on judicial records of students, people with meritorious services to the revolution, relatives of martyrs (including biological fathers, natural mothers, wives (or husbands), children (natural children, adopted children), persons with martyrs' care) is VND 100,000/time/person.
- In case the requester for issuance of judicial record cards requests to issue 02 judicial record cards in one request, from the 3rd card onward, the fee-collecting organization may collect an additional VND 5,000/card to cover the necessary expenses for the printing of the judicial record card form.
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