Can I authorize another person to make a judicial record card in Vietnam?

Can I authorize another person to make a judicial record card in Vietnam?

Pursuant to the provisions of Clause 2 and Clause 3, Article 45 of the Law on Judicial Records 2009, there is the following content:

Procedures for requesting the issuance of judicial record card No. 1

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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 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.

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In Article 46 of the Law on Judicial Records 2009, it is stipulated:

Procedures for requesting the issuance of judicial record cards No. 2

1. Procedure-conducting agencies specified in Clause 2, Article 7 of this Law which request the issuance of judicial record cards shall send their 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 or these persons are foreigners residing in Vietnam, written requests shall be sent to the National Center for Judicial Records. Written requests must clearly indicate information on persons requested to be issued judicial record cards under Clause 1, Article 43 of this Law.

In case of emergency, competent persons of procedure-conducting agencies may request the issuance of judicial record cards by telephone, fax or otherwise and shall send written requests within 2 working days after requesting the issuance of judicial record cards.

2. Procedures for issuance of judicial record cards No. 2 to individuals comply with Clauses and 2, Article 45 of this Law. Individuals who request the issuance of a judicial record card No, may not authorize others to carry out procedures for such request.

Thus, for the procedure to request the provision of a judicial record card No. 1, an individual can authorize another person to carry out the procedure to request a judicial record card. In case an individual requests a judicial record card No. 2, he or she may not authorize another person to carry out the procedures for issuing a judicial record card in Vietnam.

Can I authorize another person to make a judicial record card in Vietnam? (Image from the Internet)

What is the content of judicial record card No. 1?

The content of Judicial Record Card No. 1 prescribed in Article 42 of the Law on Judicial Records 2009 is as follows:

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.

What is content of judicial record card No. 2 in Vietnam?

The content of Judicial Record Card No. 2 prescribed in Article 43 of the Law on Judicial Records 2009 is as follows:

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, and full names of his/her parents and spouse.

2. Previous criminal conviction:

a/ For an unconvicted person, the words "no previous criminal conviction" shall be written.

b/ For a convict, his/her remitted previous criminal conviction, time of remission, previous criminal conviction not yet remitted, date of judgment pronouncement, serial number of the judgment, the court which has pronounced the judgment, crime, applicable article(s) and clause(s) of law, principal and additional penalties, civil obligation in the criminal judgment, court fee, and state of judgment enforcement.

In case a person is convicted under different judgments, information on his/her previous criminal convictions shall be written in the temporal order.

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.

Best regards!