Which Cases Are Refused Judicial Record Certificates? From Which Sources Is Criminal Record Information Established?

In what cases are Judicial Record Certificates denied issuance?

Pursuant to Article 49 of the Judicial Records Law 2009, the regulation on the denial of issuance of Judicial Record Certificates is as follows:

Denial of Issuance of Judicial Record Certificates

The agency managing the judicial record database has the right to deny the issuance of Judicial Record Certificates in the following cases:

1. The issuance of Judicial Record Certificates is not within its jurisdiction;

2. The person requesting the issuance of a Judicial Record Certificate for another person does not meet the conditions stipulated in Article 7 and Clause 3, Article 45 of this Law;

3. Documents accompanying the application form for the issuance of a Judicial Record Certificate are incomplete or falsified.

In cases where the issuance of a Judicial Record Certificate is denied, a written notification specifying the reasons must be provided.

Thus, cases of denial for issuance of a Judicial Record Certificate include:

[1] The issuance of Judicial Record Certificates is not within the jurisdiction.

[2] The person requesting the issuance of a Judicial Record Certificate for another person does not meet the following conditions:

- Vietnamese citizens or foreigners who have or are residing in Vietnam are entitled to request the issuance of their Judicial Record Certificate.- Proceeding agencies are entitled to request the issuance of a Judicial Record Certificate to serve investigation, prosecution, and adjudication purposes.- State agencies, political organizations, and socio-political organizations are authorized to request the issuance of a Judicial Record Certificate for personnel management, business registration, establishment, and management of enterprises, cooperatives.- Individuals can authorize others to perform the procedures for requesting the issuance of a Judicial Record Certificate. The authorization must be made in writing according to the provisions of the law; in case the requestor of the Judicial Record Certificate is the father, mother, wife, husband, or child of the person who is issued the Judicial Record Certificate, no authorization document is required.

[3] Documents accompanying the application form for the issuance of a Judicial Record Certificate are incomplete or falsified.

In what cases are Judicial Record Certificates denied issuance? From what sources is information on criminal records constituted? (Image from Internet)

From what sources is information on criminal records constituted?

Pursuant to Article 15 of the Judicial Records Law 2009, information on criminal records is constituted from the following sources:

- Legally effective first-instance criminal judgments and appellate criminal judgments- Cassation and reopening decisions on criminal cases- Decisions on the execution of criminal judgments- Decisions on exemption from serving penalties- Decisions on the reduction of penalties- Decisions on suspension of penalty execution- Decisions on temporary suspension of penalty execution- Decisions on exemption or reduction of obligations to execute sentences with respect to payments to the state budget- Certificates of having served prison sentences; notifications of the results of the execution of expulsion penalties- Certificates of having served non-custodial reformation penalties, suspended prison sentences, and other additional penalties- Decisions on the execution of pecuniary penalties, confiscation of property, court fees, and other civil obligations of convicted persons; decisions on the suspension of the execution of judgments; confirmations of the results of judgment execution; notifications of the conclusion of judgments when the convicted person has fulfilled their obligations- Decisions on commutation of death sentences- Pardons and amnesty certificates- Decisions on criminal record expungement- Automatic criminal record expungement certificates- Extracts of judgments or criminal records of Vietnamese citizens provided to the Supreme People's Procuracy by foreign competent authorities under international treaties on mutual judicial assistance in criminal matters or on a reciprocal basis- Decisions of Vietnamese courts on extradition for execution of judgments in Vietnam; decisions of Vietnamese courts on the reception of transferred persons serving prison sentences; notifications of the special amnesty, amnesty, exemption, and reduction of penalties from the transferring country regarding the person serving the prison sentence- Notifications on the implementation of decisions on the extradition of convicted persons, decisions on the transfer of persons serving prison sentences in Vietnam at the request of the foreign competent authority

In which cases does the Department of Justice issue Judicial Record Certificates?

Pursuant to Article 44 of the Judicial Records Law 2009, the authority for issuing Judicial Record Certificates is as follows:

Authority for Issuing Judicial Record Certificates

1. The National Judicial Record Center shall issue Judicial Record Certificates in the following cases:

a) For Vietnamese citizens who cannot determine their permanent or temporary residence;

b) For foreigners who resided in Vietnam.

2. The Department of Justice shall issue Judicial Record Certificates in the following cases:

a) For Vietnamese citizens residing permanently or temporarily in the country;

b) For Vietnamese citizens residing abroad;

c) For foreigners residing in Vietnam.

3. The Director of the National Judicial Record Center, the Director of the Department of Justice, or authorized persons shall sign the Judicial Record Certificate and be responsible for its content.

If necessary, the National Judicial Record Center and the Department of Justice must verify the conditions for automatic criminal record expungement when issuing Judicial Record Certificates.

4. The issuance of Judicial Record Certificates must be recorded in the issuance register according to the form prescribed by the Minister of Justice.

Thus, the Department of Justice issues Judicial Record Certificates in the following cases:

- For Vietnamese citizens residing permanently or temporarily in the country- For Vietnamese citizens residing abroad- For foreigners residing in Vietnam.