Vietnam: Who is eligible for judicial record card No. 1? Where is it possible to apply for judicial record card No. 1?
What is the latest sample of judicial record card No. 1 in 2023? Who is eligible for judicial record card No. 1 in Vietnam?
Pursuant to Clause 4, Article 2 of the Law on Judicial Records 2009, Article 41 of the Law on Judicial Records 2009, a judicial record card means a card issued by an agency managing the judicial record database to individuals, agencies, or organizations in the following cases:
- Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.
- 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.
Accordingly, the latest sample of judicial record card No. 1 is Form No. 06/2013/TT-LLTP issued together with Circular 16/2013/TT-BTP as follows:
Download the latest sample of judicial record card No. 1 here
What are the contents of judicial record card No. 1 in Vietnam?
Pursuant to the provisions of Article 42 of the Law on Judicial Records 2009 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 criminal conviction:
a/ 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;
b/ 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;
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 criminal 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, the contents of judicial record card No. 1 in Vietnam are:
- Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport;
- Previous criminal conviction;
- Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives.
Where is it possible to apply for judicial record card No. 1 in Vietnam?
Pursuant to the provisions of Article 45 of the Law on Judicial Records 2009, Point b, Clause 1 is abolished by Clause 4, Article 37 of the Law on Residence 2020 as follows:
Procedures for requesting the issuance of judicial record card No. 1
1. A applicant for a judicial record card 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;
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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. A 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 requesting the issuance of judicial record cards. The authorization must be established in writing under law. In case a applicant for a judicial record card 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.
5. The Minister of Justice shall set the form of declaration requesting the issuance of judicial record cards.
Thus, according to the above regulations, Vietnamese citizens can apply for a judicial record card No. 1 at the following authorities:
- Provincial-level Justice Departments in localities where they permanently reside;
- Provincial-level Justice Departments in localities where foreigners residing in Vietnam reside
- National Center for Judicial Records for foreigners residing in Vietnam who have left Vietnam.
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