Vietnam: In 2024, what is the fee for issuing a judicial record card? Which agencies have the competence to issue judicial record cards?
In 2024, what is the fee for issuing a judicial record card in Vietnam?
Under the provisions of Article 4 of Circular 244/2016/TT-BTC, the fee for issuing a judicial record card in Vietnam or fees for providing judicial record information is as follows:
No. | Content | Fee rate (card/time/person) |
1 | Fees for providing judicial record information | 200.000 |
2 | Fees for providing judicial record information of students, people who have contributed to the revolution, relatives of martyrs (including biological fathers, natural mothers, wives (or husbands), children (natural children, adopted children), people who have contributed to nurturing martyrs). | 100.000 |
The fee collection is guided in Official Dispatch 44/TTLLTPQG-HCTH in 2017 as follows:
In case the applicant requests more than 02 judicial record cards in one request, from the 3rd card onwards, the fee collector may collect an additional VND 5000/card to offset the necessary costs for printing the judicial record card form.
For cases where the applicant requests for 02 types of judicial record cards in one request (judicial record card No. 01 and judicial record card No. 02), the Department of Justice shall also collect the above-mentioned amount.
The fee for issuing a judicial record card is exempted in the following cases:
(1) Children as defined in the Law on Child Protection, Care and Education.
(2) The elderly as prescribed by law the elderly.
(3) Persons with disabilities as defined by the disability law.
(4) Members of poor households as prescribed in Decision 59/2015/QD-TTg dated November 19, 11 of the Prime Minister on the promulgation of multidimensional access poverty line applicable for the period 2016 - 2020.
(5) Persons residing in extremely disadvantaged communes, ethnic minorities in communes meeting with extremely difficult socio-economic conditions, border communes, and safe communes by law.
In 2024, which agencies have the competence to issue judicial record cards in Vietnam?
Under the provisions of Article 44 of the Law on Judicial Records 2009, judicial record cards are issued by the following agencies:
(1) The National Center for Judicial Records shall issue judicial record cards to the following persons:
+ Vietnamese citizens whose places of permanent or temporary residence are unidentifiable;
+ Foreigners who resided in Vietnam.
(2) Provincial-level Justice Departments shall issue judicial record cards to the following persons:
+ Vietnamese citizens permanently or temporarily residing in Vietnam;
+ Vietnamese citizens currently residing overseas;
+ Foreigners currently residing in Vietnam.
-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 criminal convictions upon issuance of judicial record cards.
How many types of judicial record cards in Vietnam are there and what are their contents?
Under the provisions of Section 1, Chapter IV of the Law on Judicial Records 2009, the judicial record cards in Vietnam include:
- Judicial record card No. 1
- Judicial record card No. 2
Judicial record card No. 1:
Under 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 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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