What is the latest Declaration form for issuance of judicial record card in 2024 in Vietnam?

What is the latest Declaration form for issuance of judicial record card in 2024 in Vietnam?

According to the Form 03/2013/TT-LLTP issued with Circular 16/2013/TT-BTP, there are regulations on the Declaration form for issuance of judicial record card in Vietnam.

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What is the latest Declaration form for issuance of judicial record card in 2024 in Vietnam? - image from internet

What is judicial record according to the law in Vietnam?

Pursuant to Clause 1 Article 2 of the Law on Judicial Records in 2009:

Interpretation of terms

In this Law, the terms below are construed as follows:

1. Judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person's holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

2. Judicial record information on previous criminal conviction means information on an individual who has been convicted; his/her crime and applicable articles and clauses of law, principal and additional penalties, civil obligation in the criminal judgment, and court fee; date of judgment pronouncement, the court that has pronounced the judgment and serial number of the pronounced judgment; the state of judgment execution.

3. Judicial record information on ban on holding of certain posts, establishment or management of enterprises or cooperatives means information on an individual who is banned from holding certain posts, establishing or managing enterprises or cooperatives: posts subject to the ban, the duration in which he/she is banned from establishing or managing enterprises or cooperatives under the court ruling on bankruptcy declaration.

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.

5. Agencies managing the judicial record database include the National Center for Judicial Records and provincial-level Justice Departments.

As regulated above, the judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person's holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

In addition, 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.

Who have the right to request the issuance of judicial record cards in Vietnam?

Pursuant to Article 7 of the Law on Judicial Records in 2009 stipulating the right to request the issuance of judicial record cards in Vietnam:

Right to request the issuance of judicial record cards

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

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

3. 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.

As regulated above, following entities in Vietnam have the right to request the issuance of judicial record cards:

- Vietnamese citizens and foreigners who resided or are currently residing in Vietnam

- Procedure-conducting agencies

- State agencies, political organizations and socio-political organizations

Which agencies have competence to issue judicial record cards in Vietnam?

Pursuant to Article 44 of the Law on Judicial Records in 2009 stipulating competence to issue judicial record cards 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.

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.

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

Pursuant to Article 48 of the Law on Judicial Records in 2009 stipulating the time limit for issuance of judicial record cards in Vietnam:

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 regulated above, in case of emergency, the time limit is 24 hours after the receipt of a request.

In normal situation, the time limit for issuance of a judicial record card is 10 days after the receipt of a valid request. In other cases, the time limit is 15 days.

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