What administrative procedures require judicial record cards in Vietnam?

Which agency is competent to issue judicial record cards in Vietnam?

Pursuant to Article 44 of the 2009 Law on Judicial Records stipulating the 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 such, the following agencies are competent to issue judicial record cards:

- The National Center for Judicial Records shall grant it in the following cases:

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

+ Foreigners who resided in Vietnam.

- The Department of Justice issues in the following cases:

+ 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, the Director of the Department of Justice or the person authorized to sign the judicial record card and take responsibility for the content of the judicial record card.

- In case of necessity, the National Center for Judicial Records and the Department of Justice is responsible for verifying the automatic conditions for criminal record remission when issuing a judicial record card.

What are types of judicial record cards in Vietnam?

In Article 41 of the 2009 Law on Judicial Records, judicial record cards are prescribed:

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.

Thus, judicial record cards in Vietnam have the following types:

(1) Judicial record card No. 1

Granted to the following subjects:

- Vietnamese citizens and foreigners who have been or are currently residing in Vietnam have the right to request the issuance of their criminal record cards.

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

The content on the form is specified in Article 42 of the Law on Judicial Records 2009:

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.

(2) Judicial record card No. 2

Issued to the following subjects: Procedure-conducting agencies have the right to request the issuance of judicial record cards to serve investigation, prosecution and adjudication.

The content on the form is specified in Article 43 of the Law on Judicial Records 2009:

- Full name, gender, date, month, year of birth, place of birth, nationality, place of residence, number of people's identity card or passport, full name of father, mother, wife and husband of the person issued with the Certificate Judicial Records.

- Criminal status:

+ For the person who is not convicted, write "no criminal record";

+ For convicts, write all information about previous criminal convictions.

+ In case a person is convicted by different sentences, information about that person's criminal record is recorded in chronological order.

- Information on the ban on holding certain positions, establishing and managing enterprises or cooperatives:

+ For persons who are not prohibited from holding certain positions, establishing or managing enterprises or cooperatives under the bankruptcy declaration decision, write "not prohibited from holding certain positions, establishing or managing enterprises or contracts cooperative";

+ For persons banned from holding certain positions, establishing or managing enterprises or cooperatives according to the decision on bankruptcy declaration, write the positions banned from holding, the time limit for which they are not allowed to establish or manage the enterprise or cooperative.

What is list of administrative procedures that require a judicial record card in Vietnam?

 Pursuant to the Appendix to the List of administrative procedures requiring judicial record cards issued together with Directive 23/CT-TTg of 2023, stipulating the administrative procedures requiring judicial record cards as follows:

...

See also the list of administrative procedures requiring a judicial record card in the Appendix to the list of administrative procedures requiring a criminal record card issued together with Directive 23/CT-TTg of 2023.

Best regards!