What is a judicial record card used for? Do foreigners currently residing in Vietnam have the right to request the issuance of judicial record cards?
- What is a judicial record card in Vietnam used for?
- Do foreigners currently residing in Vietnam have the right to request the issuance of judicial record cards?
- Which authority will issue judicial record cards to foreigners currently residing in Vietnam?
- What is the maximum time limit for issuance of a judicial record card in case of emergency in Vietnam?
What is a judicial record card in Vietnam used for?
Under the provisions of Clause 4, Article 2 of the Law on Judicial Records 2009, the judicial record card is defined as follows:
Interpretation of terms
In this Law, the terms below are construed as follows:
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4. Judicial record card means a card issued by an agency managing the judicial record database and 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 the court.
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Thus, according to the above provisions, a judicial record card means a card issued by an agency managing the judicial record database and 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 the court.
Do foreigners currently residing in Vietnam have the right to request the issuance of judicial record cards?
The right to request the issuance of judicial record cards is stipulated in Article 7 of the Law on Judicial Records 2009 as follows:
Right to request the issuance of judicial record cards
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.
Under the above regulations, the following entities have the right to request the issuance of judicial record cards:
- Vietnamese citizens and foreigners who resided or are currently residing in Vietnam.
- Procedure-conducting agencies.
- State agencies, political organizations and socio-political organizations.
Thus, foreigners currently residing in Vietnam have the right to request the issuance of judicial record cards.
Download the form of judicial record card No. 1 issued to Vietnamese citizens and foreigners who resided or are currently residing in Vietnam; procedure-conducting agencies; State agencies, political organizations and socio-political organizations: here
Which authority will issue judicial record cards to foreigners currently residing in Vietnam?
Under Article 44 of the Law on Judicial Records 2009 on the competence to issue judicial record cards:
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 criminal 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.
According to the above regulations, Provincial-level Justice Departments will issue judicial record cards to foreigners currently residing in Vietnam.
The Directors of the Provincial-level Justice Departments or authorized persons sign judicial record cards and are responsible for the contents of judicial record cards.
What is the maximum time limit for issuance of a judicial record card in case of emergency in Vietnam?
The time limit for issuance of a judicial record card is specified in Article 48 of the Law on Judicial Records 2009 as follows:
Time limit for issuance of judicial record cards
1. The time limit for issuance of a judicial record card is 10 days after the receipt of a valid request. In case a person requested to be issued a judicial record card is a Vietnamese citizen who has resided in different localities or once resided overseas, or a foreigner specified in Clauses 2 and 3. Article 47 of this Law, and in case of necessity to verify the conditions on automatic remission of previous criminal convictions specified in Clause 3, Article 44 of this Law, the time limit is 15 days.
2. In case of emergency specified in Clause 1, Article 46 of this Law, the time limit is 24 hours after the receipt of a request.
Thus, under normal circumstances, the time limit for issuance of a judicial record card is 10 days after the receipt of a valid request. In other cases, the time limit for issuance of a judicial record card is no more than 15 days.
Under the above regulations, in case of emergency, the time limit for issuance of a judicial record card is 24 hours after the receipt of a request.
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