What are places for individuals to submit application for judicial record card in 2024 in Vietnam?
What are places for individuals to submit application for judicial record card in 2024 in Vietnam? Thank you!
According to the law in Vietnam, what is the judicial record card?
Pursuant to Clause 4 Article 2 of the Law on Judicial Records in 2009 stipulating judicial record card as follows:
Interpretation of terms
In this Law, the terms below are construed as follows:
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4. Judicial record card means a card issued by an agency managing the judicial record database and valid to prove whether or not an individual has a previous criminal conviction, is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.
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As regulations above, judicial record card means a card issued by an agency managing the judicial record database.
The judicial record card is used for proving whether or not an individual has a previous criminal conviction, is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.
What are places for individuals to submit application for judicial record card in 2024 in Vietnam? - Image from Internet
What are places for individuals to submit application for judicial record card in 2024 in Vietnam?
Pursuant to Article 44 of the Law on Judicial Records 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, following agencies have competence to issue judicial record cards for individuals in Vietnam:
[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.
What are types of judicial record cards in Vietnam?
Pursuant to Article 41 of the Law on Judicial Records in 2009 stipulating types of judicial record cards in Vietnam as follows:
Judicial record cards
1. Judicial record cards include:
a/ Judicial record card No. 1, which shall be issued to individuals, agencies and organizations specified in Clauses 1 and 3. Article 7 of this Law;
b/ Judicial record card No. 2, which shall be issued to procedure-conducting agencies specified in Clause 2, Article 7 of this Law and at the request of individuals who want to know their judicial records.
2. The Minister of Justice shall set forms of judicial record cards.
As regulations above, judicial record cards include:
(1) Judicial record card No. 1
Judicial record card No. 1 is issued for following entities:
- Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.
- 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.
Contents of judicial record card No. 1 is prescribed under Article 42 of the Law on Judicial Records in 2009
- 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.
- Previous criminal conviction:
+ 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;
+ 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;
- 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.
- Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:
+ 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;
+ 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.
(2) Judicial record card No. 2
Judicial record card No. 2 issued for following entities: procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.
Contents of judicial record card No. 2 is prescribed under Article 43 of the Law on Judicial Records in 2009
- 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.
- Previous criminal conviction:
+ For an unconvicted person, the words "no previous criminal conviction" shall be written.
+ 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.
- Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:
+ 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;
+ 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.
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