Procedure for Requesting Criminal Record Certificate No. 2

Subjects Entitled to Issuance:

Pursuant to Point b, Clause 2, Article 41 of the Law on Judicial Records 2009, it is stipulated that:

Judicial record card No. 2 is issued to procedural agencies (procedural agencies have the right to request the issuance of judicial record cards for the purpose of investigation, prosecution, and adjudication) and is issued upon the request of an individual to know the contents of their own judicial record.

Place of Application Submission and How to Submit Applications:

Pursuant to Article 46 of the Law on Judicial Records 2009, the stipulations are:

For procedural agencies:

Procedural agencies as stipulated in Clause 2, Article 7 of this Law, with a request for issuance of a judicial record card, must send a written request to the Department of Justice where the individual permanently or temporarily resides; in case the place of permanent or temporary residence of the individual cannot be determined, or if the individual is a foreigner who has resided in Vietnam, the written request must be sent to the National Judicial Record Center. The written request must clearly state the individual information as stipulated in Clause 1, Article 43 of this Law.

In urgent cases, a competent person of the procedural agency can request the issuance of a judicial record card via telephone, fax, or other forms, and is responsible for sending the written request within 02 working days from the date of the request for the issuance of the judicial record card.

For citizens:

The procedure for issuing judicial record card No. 2 to an individual is carried out according to the stipulations in Clauses 1 and 2, Article 45 of this Law; in cases where an individual requests the issuance of judicial record card No. 2, they are not allowed to authorize another person to carry out the procedure.

To be specific:

- A photocopy of the identity card or passport of the person being issued the judicial record card;- A photocopy of the household registration book or certificate of permanent or temporary residence of the person being issued the judicial record card.

Place of Application Submission:

- Vietnamese citizens submit to the Department of Justice where they permanently reside; in cases where there is no place of permanent residence, they submit to the Department of Justice where they temporarily reside; if residing abroad, they submit to the Department of Justice where they resided before emigration;- Foreigners residing in Vietnam submit to the Department of Justice where they reside; if they have left Vietnam, they submit to the National Judicial Record Center.

Timeline for Resolution:

Pursuant to Article 48 of the Law on Judicial Records 2009 stipulating the timeline for issuance of judicial record cards:

The timeline for issuance of a judicial record card should not exceed 10 days from the date of receipt of a valid request. In cases where the person being issued the judicial record card is a Vietnamese citizen who has resided in multiple locations or has resided abroad, or is a foreigner as stipulated in Clauses 2 and 3, Article 47 of this Law, or in cases where verification of conditions for automatic criminal record remission is required as stipulated in Clause 3, Article 44 of this Law, the timeline should not exceed 15 days.

Fee Rates:

Pursuant to Article 4 of Circular 244/2016/TT-BTC, guided by Section 1 of Official Dispatch 44/TTLLTPQG-HCTH in 2017, the fee rates for providing judicial record information are:

- 200,000 VND per request per person;- For students, revolution contributors, relatives of martyrs (biological parents, spouses, biological children, adopted children, and persons nurturing martyrs): 100,000 VND per request per person;- In cases where the requester solicits more than 02 judicial record cards in one request, from the 3rd card onwards, a fee of 5,000 VND per card is to be collected to compensate for necessary printing costs of the judicial record cards.

For cases where the requester in 01 request (01 dossier) solicits issuance of 02 types of cards (Judicial Record Card No. 1 and Judicial Record Card No. 2), the Department of Justice will also apply the above fee rates.

The above is the stipulated content.

Best regards!