Which judicial record card are required when applying for jobs in Vietnam?

Which judicial record card are required when applying for jobs in Vietnam?

Pursuant to Article 41 of the Law on Judicial Records in 2009 stipulating as follows:

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.

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

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.

Pursuant to Article 42 of the Law on Judicial Records in 2009 stipulating contents of judicial record card No.1 as follows:

1. 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.

2. Previous criminal conviction:

a/ 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;

b/ 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;

c/ 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.

3. Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:

a/ 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;

b/ 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.

As regulations above, judicial record card No. 1, which shall be issued to individuals, agencies and organizations. Meanwhile, judicial record card No. 2, which shall be issued to serve the investigation, prosecution and adjudication work. Therefore, when applying for a job, you shall apply for the judicial record card No. 1.

Which judicial record card are required when applying for jobs in Vietnam? - Source: Internet

Which agencies have the authority 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 as follows:

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, the National Center for Judicial Records and provincial-level Justice Departments shall issue judicial record cards.

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