Are newly recruited public employees required to submit judicial record cards in Vietnam?

Hello, Lawnet would like to answer as follows:

1. Are newly recruited public employees required to submit judicial record cards?

According to the provisions of Clause 1, Article 10 of Circular 07/2019/TT-BNV on formulation and components of public employee dossiers for public employees recruited for the first time:

- Within 30 days starting from the date of issuance of the decision on employment, the unit employing a public employee (hereinafter referred to as “employing unit”) shall give instructions on how to declare information to the public employee, check and verify information declared by the public employee, and compare the information with the job application and police record provided by the competent authority.

- Head of the unit shall confirm, put the seal on and submit the declared information to the management authority to have it added to the public employee dossier. This dossier shall be the original dossier of the public employee.

(*) An original dossier includes:

(1) Public employee curriculum vitae book, which is made using form HS01-VC/BNV Download

+ The public employee curriculum vitae book shall provide comprehensive information on the public employee and their family and social relationships,

+ The public employee curriculum vitae book shall be formulated by the public employee, and checked, verified and confirmed by the employing unit;

(2) Summary of public employee curriculum vitae, which is made using form HS02-VC/BNV Download

+ This summary is an important document that summarizes information on the public employee and their family and social relationships,

+ This summary shall be formulated by the public employee or a responsible person based on the public employee curriculum vitae book mentioned and other supplemental documents of the public employee.

+ The employing unit shall check, verify and confirm the summary;

(3) Copy of birth certificate notarized by the competent authority or unit according to regulations of law.

(4) Judicial record card issued by the competent authority;

(5) Unexpired health certificate issued by healthcare establishment at district-level or higher according to regulations of law;

(6) Notarized copies of documents related to the public employee’s qualifications such as

+ Transcripts, degrees and certificates concerning professional, political, foreign language and computer science qualifications issued by competent authorities.

+ Degrees and training certificates issued by foreign training institutions outside of Vietnamese territory must be recognized by competent affiliates of the Ministry of Education and Training;

(7) Copies of decisions on employment or recruitment by consideration or receipt of the public employee notarized by competent authorities and units according to regulations of law.

Thus, newly recruited public employees must submit a criminal record card issued by the unit employing the public employee to guide the public employee to declare, check and verify the information declared by the officer himself/herself.

2. For employed public employees, are they required to submit judicial record card?

According to the provisions of Clause 2, Article 10 of Circular 07/2019/TT-BNV on formulation and components of public employee dossiers for employed public employees:

Besides the original dossier mentioned in Section 1, other components of a dossier on an employed public employee include:

(1) Public employee curriculum vitae supplementary sheet, which is made using form HS03-VC/BNV Download

+ The public employee shall use this sheet to declare additional information on an annual basis or at the request of the management authority.

+ The employing unit must check, verify and confirm this sheet;

(2) Copies of decisions on consideration of transfer, appointment, secondment, mobilization, transfer, promotion, wage raise, commendation and discipline of the public employee.

(3) Other documents directly related to the public employee’s work and social relations;

(4) Public employees appointed to leadership and managerial posts must add all documents related to their appointment to their public employee dossiers.

Thus, for employed public employees, they are not required to supplenment judicial record card, but an curriculum vitae supplementary sheet on an annual basis or at the request of the records management agency.

In addition, before December 31 of every year or at the request of management authorities, employing units shall provide guidance on declaration and supplementation of information produced within the year related to their public employees and family and social relations thereof using the public employee curriculum vitae supplemental sheet for their public employees. Public employees shall submit copies of degrees and certificates granted within the year (if any) together with the public employee curriculum vitae supplemental sheet.

Declarants shall take responsibility before the law for information insufficiently, inaccurately or deceitfully declared.

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