What is included in the application for a judicial record of an individual? What are the cases of refusal to issue judicial record cards in Vietnam?
- What is judicial record in Vietnam?
- What is included in the application for a judicial record of an individual?
- What is the time limit for issuance of judicial record cards in Vietnam?
- What are the cases of refusal to issue judicial record cards in Vietnam?
- How much is the fee of judicial record cards in Vietnam?
What is judicial record in Vietnam?
According to the provisions of Clauses 1 and 4, Article 2 of the 2009 Law on Judicial Records of Vietnam:
- Judicial record in Vietnam means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person's holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.
- Judicial record card in Vietnam 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 court.
What is included in the application for a judicial record of an individual? What are the cases of refusal to issue judicial record cards in Vietnam?
What is included in the application for a judicial record of an individual?
According to the provisions of Article 45 of the 2009 Law on Judicial Records of Vietnam, Clause 4, Article 37 of the Law on Residence 2020, Appendix II enclosed with Circular 16/2013/TT-BTP, the application for judicial record of an individual includes:
- A declaration requesting the issuance of a judicial record card according to the prescribed form:
+ Form No. 03/2013/TT-LLTP: Used for individuals who request the issuance of a judicial record card with the following contents:
Download Form No. 03/2013/TT-LLTP here.
+ Form No. 04/2013/TT-LLTP: Used for individuals in case of authorization to request the issuance of Judicial record Certificates No. 1 and individuals who are parents of minors requesting the issuance of Judicial record Certificates No. 2.
Download form No. 04/2013/TT-LLTP here
- A photocopy of the identity card or passport of the person issued with a judicial record card.
- Power of attorney in case of authorizing another person to carry out the procedures for requesting the issuance of a judicial record card No. 1 (in case the authorized person is the father, mother, wife, husband or child of the authorizing person, a letter of authorization is not required). Power of attorney must be notarized and authenticated according to the provisions of law.
What is the time limit for issuance of judicial record cards in Vietnam?
Pursuant to the provisions of Article 48 of the 2009 Law on Judicial Records of Vietnam on the time limit for issuance of judicial record cards in Vietnam as follows:
- The time limit for issuance of a judicial record card is 10 days after the receipt of a valid request.
- The time limit for issuance of a judicial record card is 15 days after the receipt of a valid request if falling into one of the following cases:
+ 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 the 2009 Law on Judicial Records of Vietnam;
+ In case of necessity to verify the conditions on automatic remission of previous criminal convictions specified in Clause 3, Article 44 of the 2009 Law on Judicial Records of Vietnam.
- 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.
What are the cases of refusal to issue judicial record cards in Vietnam?
According to Article 49 of the 2009 Law on Judicial Records of Vietnam, judicial record database-managing agencies may refuse to issue judicial record cards in the following cases:
- The issuance of judicial record cards falls beyond their competence;
- Requesters 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;
- 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.
How much is the fee of judicial record cards in Vietnam?
According to the provisions of Article 4 of Circular 244/2016/TT-BTC of Vietnam, the fee for issuance of judicial record cards is regulated as follows:
- Normally: VND 200,000/card/person.
- For pupils, students, people with meritorious services to the revolution, relatives of martyrs: VND 100,000/card/person.
- In case the grantee requests to issue more than 2 judicial record cards in a single request, from the 3rd judicial record card onward, the agency issuing the judicial record card will be entitled to an additional VND 5,000/card.
- The following cases are exempted from fees for issuance of judicial record cards as prescribed in Article 5 of Circular 244/2016/TT-BTC of Vietnam:
+ People from poor households as prescribed by law;
+ People residing in extremely difficult communes as prescribed by law.
Children according to the provisions of the Law on protection, care and education of children.
+ Persons with disabilities as prescribed in the Law on People with Disabilities.
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