Certificate of Judicial Records Issued for Whom? What Does the Certificate of Judicial Records Include?
For whom is the criminal record certificate issued?
Based on Article 41 of the Law on Criminal Records 2009, the criminal record certificate is defined as follows:
Criminal Record Certificate
The criminal record certificate consists of:
a) Criminal Record Certificate No. 1 issued to individuals, agencies, and organizations as stipulated in Clauses 1 and 3, Article 7 of this Law;
b) Criminal Record Certificate No. 2 issued to procedural authorities stipulated in Clause 2, Article 7 of this Law and upon the request of individuals so that they can know the contents of their criminal records.
The Minister of Justice stipulates the form of the criminal record certificate.
According to the above regulations, the criminal record certificate is issued to the following subjects:
[1] Criminal Record Certificate No. 1 is issued to the following individuals, agencies, and organizations:
- Vietnamese citizens, foreigners who have resided or are residing in Vietnam have the right to request the issuance of their criminal record certificate.
- State agencies, political organizations, and political-social organizations have the right to request the issuance of the criminal record certificate for personnel management, business registration activities, the establishment, and management of enterprises and cooperatives.
[2] Criminal Record Certificate No. 2 is issued to procedural authorities requesting the issuance of the criminal record certificate for the purpose of investigation, prosecution, and trial, and is also issued upon the request of individuals to know the contents of their criminal records.
For whom is the criminal record certificate issued? What are the contents of the criminal record certificate? (Image from the Internet)
What are the contents of Criminal Record Certificate No. 1?
Based on Article 42 of the Law on Criminal Records 2009, the contents of Criminal Record Certificate No. 1 are defined as follows:
Contents of Criminal Record Certificate No. 1
Full name, gender, date, month, year of birth, place of birth, nationality, place of residence, identity card or passport number of the person issued with the criminal record certificate.
Criminal status:
a) For those who have not been convicted, it states “no criminal record”. In case the convicted person has not yet met the conditions for record expungement, it states “has a criminal record”, the crime, principal punishment, additional punishment;
b) For those whose records have been expunged and the information on record expungement has been updated in the criminal record, it states “no criminal record”;
c) For those who have been pardoned and the information on the pardon has been updated in the criminal record, it states “no criminal record”.
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Thus, Criminal Record Certificate No. 1 includes the following contents:
[1] Full name, gender, date, month, year of birth, place of birth, nationality, place of residence, identity card, or passport number of the person issued with the criminal record certificate.
[2] Criminal status:
- For those who have not been convicted, it states “no criminal record”. In case the convicted person has not yet met the conditions for record expungement, it states “has a criminal record”, the crime, principal punishment, additional punishment;
- For those whose records have been expunged and the information on record expungement has been updated in the criminal record, it states “no criminal record”;
- For those who have been pardoned and the information on the pardon has been updated in the criminal record, it states “no criminal record”.
[3] Information on the prohibition from holding certain positions, establishing, managing enterprises, and cooperatives:
- For those not prohibited from holding positions, establishing, managing enterprises, and cooperatives according to a bankruptcy declaration, it states “not prohibited from holding positions, establishing, managing enterprises, and cooperatives”;
- For those prohibited from holding positions, establishing, managing enterprises, and cooperatives according to a bankruptcy declaration, it states the prohibited positions, the duration not allowed to establish, manage enterprises, and cooperatives.
- If there is no request from individuals, agencies, or organizations, the content stipulated in this paragraph shall not be recorded in the criminal record certificate.
What are the contents of Criminal Record Certificate No. 2?
Based on Article 43 of the Law on Criminal Records 2009, the contents of Criminal Record Certificate No. 2 are defined as follows:
Contents of Criminal Record Certificate No. 2
Full name, gender, date, month, year of birth, place of birth, nationality, place of residence, identity card or passport number, the full name of the father, mother, spouse of the person issued with the criminal record certificate.
Criminal status:
a) For those who have not been convicted, it states “no criminal record”;
b) For those who have been convicted, it states all expunged records, the time when the record was expunged, unexpunged records, date, month, year of the verdict, the verdict number, the court that issued the verdict, the crime, the applied law provisions, principal and additional punishments, civil obligations in the criminal verdict, court fees, and judgment enforcement status.
In case the convicted person had multiple verdicts, their criminal records information shall be listed in chronological order.
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Thus, Criminal Record Certificate No. 2 includes the following contents:
[1] Full name, gender, date, month, year of birth, place of birth, nationality, place of residence, identity card or passport number, the full name of the father, mother, spouse of the person issued with the criminal record certificate.
[2] Criminal status:
- For those who have not been convicted, it states “no criminal record”;
- For those who have been convicted, it states all expunged records, the time when the record was expunged, unexpunged records, date, month, year of the verdict, the verdict number, the court that issued the verdict, the crime, the applied law provisions, principal and additional punishments, civil obligations in the criminal verdict, court fees, and judgment enforcement status.
- In case the convicted person had multiple verdicts, their criminal records information shall be listed in chronological order.
[3] Information on the prohibition from holding certain positions, establishing, managing enterprises, and cooperatives:
- For those not prohibited from holding positions, establishing, managing enterprises, and cooperatives according to a bankruptcy declaration, it states “not prohibited from holding positions, establishing, managing enterprises, and cooperatives”.
- For those prohibited from holding positions, establishing, managing enterprises, and cooperatives according to a bankruptcy declaration, it states the prohibited positions, the duration not allowed to establish, manage enterprises, and cooperatives.
