The planned pilot implementation of the issuance of judicial record cards at the Department of Justice under the People's Committee at the district level in Vietnam

The planned pilot implementation of the issuance of judicial record cards at the Department of Justice under the People's Committee at the district level in Vietnam

Recently, the Ministry of Justice proposed to pilot the decentralization of the issuance of criminal records for some Departments of Justice under the People's Committees at the district level in:

- Ha Noi City

- Ho Chi Minh City 

- Nghe An Province 

What is the time limit for issuance of judicial record cards in Vietnam?

Pursuant to Article 48 of the Law on Civil Status in 2009 stipulating time limit for issuance of judicial record cards as follows:

Time limit for issuance of judicial record cards

1. The time limit for issuance of a judicial record card is 10 days after the receipt of a valid request. In case a person requested to be issued a judicial record card is a Vietnamese citizen who has resided in different localities or once resided overseas, or a foreigner specified in Clauses 2 and 3. Article 47 of this Law, and in case of necessity to verify the conditions on automatic remission of previous criminal convictions specified in Clause 3, Article 44 of this Law, the time limit is 15 days.

2. In case of emergency specified in Clause 1, Article 46 of this Law, the time limit is 24 hours after the receipt of a request.

As regulations above, the time limit for issuance of a judicial record card is 10 days after the receipt of a valid request.

In case a person requested to be issued a judicial record card is a Vietnamese citizen who has resided in different localities or once resided overseas, or a foreigner residing in Vietnam, and in case of necessity to verify the conditions on automatic remission of previous criminal convictions, the time limit is 15 days.

What are cases of refusal to issue judicial record cards in Vietnam?

Pursuant to Article 49 of the Law on Civil Status in 2009 stipulating refusal to issue judicial record cards in Vietnam as follows:

Refusal to issue judicial record cards

Judicial record database-managing agencies may refuse to issue judicial record cards in the following cases:

1. The issuance of judicial record cards falls beyond their competence;

2. Requesters of issuance of judicial record cards for other persons fail to satisfy the conditions specified in Article 7 and Clause 3. Article 45 of this Law;

3. Papers enclosed with declarations requesting judicial record cards are insufficient or forged.

In case of refusal to issue a judicial record card, a written notice thereof shall be made, clearly stating the reason.

As regulations above, the judicial record cards shall not be issued in following cases:

- The issuance of judicial record cards falls beyond competence of agencies;

- Requesters of issuance of judicial record cards for other persons fail to satisfy the conditions specfied as follows:

+ Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.

+ Procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.

+ State agencies, political organizations and socio-political organizations may request the issuance of judicial record cards to serve the personnel management, business registration, establishment and management of enterprises or cooperatives.

+  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.

- Papers enclosed with declarations requesting judicial record cards are insufficient or forged.

In case of refusal to issue a judicial record card, a written notice thereof shall be made, clearly stating the reason.

Which agencies shall issue judicial record cards in Vietnam?

Pursuant to Article 44 of the Law on Civil Status in 2009 stipulating competence to issue judicial record cards as follows:

Competence to issue judicial record cards

1. The National Center for Judicial Records shall issue judicial record cards to the following persons:

a/ Vietnamese citizens whose places of permanent or temporary residence are unidentifiable;

b/ Foreigners who resided in Vietnam.

2. Provincial-level Justice Departments shall issue judicial record cards to the following persons:

a/ Vietnamese citizens permanently or temporarily residing in Vietnam;

b/ Vietnamese citizens currently residing overseas;

c/ Foreigners currently residing in Vietnam.

3. The Director of the National Center for Judicial Records, directors of provincial-level Justice Departments or their authorized persons shall sign judicial record cards and take responsibility for their contents.

When necessary, the National Center for Judicial Records and provincial-level Justice Departments shall verify the conditions on automatic remission of previous criminal convictions upon issuance of judicial record cards.

4. The issuance of judicial record cards must be recorded in judicial record card issuance books made according to a form set by the Minister of Justice.

As regulations above, depending on the requesters, the agencies issuing judicial record cards in Vietnam are as follows:

[1] The National Center for Judicial Records shall issue judicial record cards to the following persons:

- Vietnamese citizens whose places of permanent or temporary residence are unidentifiable;

- Foreigners who resided in Vietnam.

[2] Provincial-level Justice Departments shall issue judicial record cards to the following persons:

- Vietnamese citizens permanently or temporarily residing in Vietnam;

- Vietnamese citizens currently residing overseas;

- Foreigners currently residing in Vietnam.

As regulations above, individuals need to apply for a judicial record at the Department of Justice where they reside. In case the usual residence or temporary residence cannot be unidentifiable, they should submit the application to the National Center for Judicial Records.

Best regards!