Vietnam: What is the definition of a police clearance certificate? What is the latest police clearance certificate template in 2023?
- What is the definition of police clearance certificate in Vietnam? What is the latest police clearance certificate template?
- In what cases do the competent authorities in Vietnam refuse to issue a police clearance certificate?
- What are the current procedures for issuing a police clearance certificate in Vietnam?
What is the definition of police clearance certificate in Vietnam? What is the latest police clearance certificate template?
Currently, the law does not have specific provisions for the definition of a "police clearance certificate".
Pursuant to Clause 4, Article 2 of the Law on Judicial Records 2009, there is a definition of a "judicial record card" as follows:
Judicial record card means a card issued by an agency managing the judicial record database and is valid to prove whether or not an individual has a previous criminal conviction, is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.
At the same time, according to Article 3 of the Law on Judicial Records 2009, one of the purposes of the management of judicial records is to "Record the remission of previous criminal convictions". To be specific:
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.
Thus, a judicial record card is a valuable document proving whether an individual has a criminal conviction or not. Therefore, it can be understood that a police clearance certificate is a judicial record card from a legal perspective.
Accordingly, pursuant to Article 41 of the Law on Judicial Records 2009, judicial record cards include judicial record card No. 1 and judicial record card No. 2.
Download the police clearance certificate (judicial record card):
> Judicial record card No. 1 here
> Judicial record card No. 2 Here
In what cases do the competent authorities in Vietnam refuse to issue a police clearance certificate?
Pursuant to the provisions of Article 49 of the Law on Judicial Records 2009 on cases of refusal to issue a judicial record card in Vietnam as follows:
Refusal to issue judicial record cards
Judicial record database-managing agencies may refuse to issue judicial record cards in the following cases:
1. The issuance of judicial record cards falls beyond their competence;
2. applicants of issuance of judicial record cards for other persons fail to satisfy the conditions specified in Article 7 and Clause 3. Article 45 of this Law;
3. Papers enclosed with declarations requesting judicial record cards are insufficient or forged.
In case of refusal to issue a judicial record card, a written notice thereof shall be made, clearly stating the reason.
Thus, according to regulations, the competent authorities shall refuse to issue a police clearance certificate in the following 03 cases:
- The issuance falls beyond their competence;
- There is no written authorization in case of authorization to carry out Procedures for the issuance of judicial record cards;
- It is not subject to the right to request the issuance of judicial record cards;
- Papers enclosed with declarations requesting judicial record cards are insufficient or forged.
What are the current procedures for issuing a police clearance certificate in Vietnam?
As mentioned, from a legal perspective, a police clearance certificate is a judicial record card.
Accordingly, the procedures for issuing a police clearance certificate in Vietnam are determined under Article 45 of the Law on Judicial Records 2009 is abolished by Clause 4, Article 37 of the Law on Residence 2020 and Article 46 of the Law on Judicial Records 2009 on procedures for issuance of judicial record cards as follows:
- For judicial record card No. 1:
Procedures for the issuance of judicial record card No. 1
1. An applicant 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 applicant temporarily resides. An applicant 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 the issuance of judicial record cards. The authorization must be established in writing under law. In case An applicant 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.
...
- For judicial record card No. 2:
Article 46 of the Law on Judicial Records 2009 stipulates:
Procedures for the issuance of judicial record cards No. 2
1. Procedure-conducting agencies specified in Clause 2, Article 7 of this Law which request the issuance of judicial record cards shall send their 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 or these persons are foreigners residing in Vietnam, written requests shall be sent to the National Center for Judicial Records. Written requests must clearly indicate information on persons requested to be issued judicial record cards under Clause 1, Article 43 of this Law.
In case of emergency, competent persons of procedure-conducting agencies may request the issuance of judicial record cards by telephone, fax or otherwise and shall send written requests within 2 working days after requesting the issuance of judicial record cards.
2. Procedures for issuance of judicial record cards No. 2 to individuals comply with Clauses and 2, Article 45 of this Law. Individuals who request the issuance of a judicial record card No, may not authorize others to carry out procedures for such request
Thus, currently, the procedures for issuing a police clearance certificate (judicial record card) are carried out according to the above provisions.
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