Do candidates for official recruitment or selection in Vietnam need to submit a judicial record form?

Do candidates for official recruitment or selection in Vietnam need to submit a judicial record form?

On June 11, 2024, the Prime Minister issued Decision 498/QD-TTg in 2024 approving the plan to reduce and simplify regulations and administrative procedures related to the judicial record form.

Under Section 3 of the plan to reduce and simplify regulations and administrative procedures related to the judicial record form issued with Decision 498/QD-TTg in 2024, the following provisions regarding the recruitment and selection of officials no longer require the submission of a judicial record form:

III. PLAN TO REDUCE AND SIMPLIFY REGULATIONS, ADMINISTRATIVE PROCEDURES RELATED TO THE JUDICIAL RECORD FORM IN THE INTERNAL AFFAIRS FIELD

1. Official Recruitment Procedure (procedure code: 1.005384)

a) Simplified content

Eliminate the requirement for individuals to submit a judicial record form and replace it with a proactive measure where the recruiting agency requests the issuance of a judicial record form as regulated in Article 7, Clause 3 of the Law on Judicial Records dated June 17, 2009 (as amended and supplemented).

Reason: To facilitate the process, reduce time and social costs, and exercise the right to request the issuance of a judicial record form by state agencies.

b) Implementation recommendations

- Amend Point b, Clause 1 of Article 16 of Decree No. 138/2020/ND-CP dated November 27, 2020, of the Government on recruitment, use, and management of officials; supplement regulations on the recruiting agency's requirement to issue a judicial record form in Decree No. 138/2020/ND-CP.

- Implementation timeline: 2024 - 2025.

2. Official Selection Procedure (procedure code: 2.002156)

a) Simplified content

Eliminate the requirement for individuals to submit a judicial record form and replace it with a proactive measure where the recruiting agency requests the issuance of a judicial record form as regulated in Article 7, Clause 3 of the Law on Judicial Records dated June 17, 2009 (as amended and supplemented).

Reason: To facilitate the process, reduce time and social costs, and exercise the right to request the issuance of a judicial record form by state agencies.

b) Implementation recommendations

- Amend Point b, Clause 1 of Article 16 of Decree No. 138/2020/ND-CP dated November 27, 2020, of the Government on recruitment, use, and management of officials; supplement regulations on the recruiting agency's requirement to issue a judicial record form in Decree No. 138/2020/ND-CP.

- Implementation timeline: 2024 - 2025.

Therefore, officially starting from June 11, 2024, to facilitate the process, reduce time and social costs, and exercise the right to request the issuance of a judicial record form by state agencies, individuals no longer need to submit a judicial record form when participating in official recruitment and selection.

Do candidates for official recruitment or selection in Vietnam need to submit a judicial record form? - image from internet

How long does it take to obtain a judicial record form in Vietnam?

According to Article 48 of the Law on Judicial Records 2009, the timeframes for issuing a judicial record form are as follows:

Timeframe for issuing a judicial record form:

1. The timeframe for issuing a judicial record form shall not exceed 10 days from the date of receiving a valid request. In the case of Vietnamese citizens who have resided in multiple places or have resided abroad, as stipulated in Clause 2 and Clause 3 of Article 47 of this Law, and in cases where verification of the eligibility for the automatic removal of criminal records as specified in Clause 3 of Article 44 of this Law is required, the timeframe shall not exceed 15 days.

2. In urgent cases as stipulated in Clause 1 of Article 46 of this Law, the timeframe shall not exceed 24 hours from the time of receiving the request.

Therefore, the judicial record form will be issued within a maximum of 10 days from the date of receiving a valid request.

For the following cases, the timeframe will not exceed 15 days:

- Vietnamese citizens who have resided in multiple places or have resided abroad are issued the judicial record form.

- Issuing the judicial record form for foreigners.

- Issuing the judicial record form for individuals whose eligibility for the automatic removal of criminal records needs verification.

In urgent cases, the timeframe for issuing the judicial record form will not exceed 24 hours from the time of receiving the request.

What is the judicial record form in Vietnam used for?

In Clause 4 of Article 2 of the Law on Judicial Records 2009, the specific definition of the judicial record form is stated as follows:

Explanation of terms:

In this Law, the following terms are understood as follows:

...

4. The judicial record form is a document issued by the management agency of the judicial record database that serves as personal proof of whether or not an individual has a criminal record, is prohibited or not prohibited from holding positions, establishing, managing enterprises, or cooperatives in cases where the enterprises or cooperatives have been declared bankrupt by a Court.

Therefore, the judicial record form is a document used to:

- Provide personal proof of whether or not an individual has a criminal record.

- Determine if an individual is prohibited or not prohibited from holding positions, establishing, or managing enterprises or cooperatives, especially in cases where the enterprises or cooperatives have been declared bankrupt by a Court.