What is the form for requesting the issuance of judicial record card in case of authorization to request the issuance of judicial record card in Vietnam?
- Is it possible to authorize another person to request the issuance of judicial record card in Vietnam?
- What is the form for requesting the issuance of judicial record card in case of authorization to request the issuance of judicial record card in Vietnam?
- What is the time limit for issuance of judicial record cards in Vietnam?
Is it possible to authorize another person to request the issuance of judicial record card in Vietnam?
In Article 45 of the Law on Judicial Records 2009, as amended by Clause 4, Article 37 of the Law on Residence 2020, there are regulations on the procedures for requesting the issuance of judicial record card No. 1 as follows:
Procedures for requesting the issuance of judicial record card No. 1
1. A requester 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;
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 requester temporarily resides. A requester 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 requester 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, 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 requester 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.
What is the form for requesting the issuance of judicial record card in case of authorization to request the issuance of judicial record card in Vietnam? (Image from the Internet)
What is the form for requesting the issuance of judicial record card in case of authorization to request the issuance of judicial record card in Vietnam?
In the Appendix issued together with Circular 16/2013/TT-BTP it is stipulated the form for requesting the issuance of judicial record card in case of authorization to request the issuance of judicial record card is as follows:
Download the form for requesting the issuance of judicial record card in case of authorization to request the issuance of judicial record card here.
What is the time limit for issuance of judicial record cards in Vietnam?
In Article 48 of the Law on Judicial Records 2009, the time limit for issuance of judicial record cards is 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, according to the above regulations, The time limit for issuance of a judicial record card is 10 days after the receipt of a valid request. In some special cases, the time limit is 15 days.
In case of emergency, the time limit is 24 hours after the receipt of a request.
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