Is it permissible to apply for a judicial record in a province other than permanent residence in Vietnam?

Is it permissible to apply for a judicial record in a province other than permanent residence in Vietnam?

Pursuant to Clause 1 Article 2 of the Law on Judicial Records in 2009 stipulating judicial record as follows:

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.

Pursuant to Article 41 of the Law on Judicial Records in 2009 stipulating judicial record cards 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.

To apply for a judicial record card, individuals and organizations submit the following documents to the competent authority as prescribed in Point a, Clause 2, Article 45 and Clause 1, Article 46 of the Law on Judicial Records in 2009:

Article 45. Procedures for requesting the issuance of judicial record card No. 1

2. Individuals shall submit declarations requesting the issuance of judicial record cards and enclosed papers to the following agencies:

a/ Vietnamese citizens shall submit their declarations to provincial-level Justice Departments in localities where they permanently reside. In case they have no place of permanent residence, they shall submit such a declaration to the provincial-level Justice Department in the locality where the requester temporarily resides. A requester residing overseas shall submit such a declaration to the provincial-level Justice Department in the locality where he/she resided before his/her departure;

Article 46. Procedures for requesting the issuance of judicial record cards No. 2

1. Procedure-conducting agencies specified in Clause 2, Article 7 of this Law which request the issuance of judicial record cards shall send their written requests to provincial-level Justice Departments in localities where persons requested to be issued judicial record cards permanently or temporarily reside. In case it is impossible to identify places of permanent or temporary residence of persons requested to be issued judicial record cards or these persons are foreigners residing in Vietnam, written requests shall be sent to the National Center for Judicial Records. Written requests must clearly indicate information on persons requested to be issued judicial record cards under Clause 1, Article 43 of this Law.

In case of emergency, competent persons of procedure-conducting agencies may request the issuance of judicial record cards by telephone, fax or otherwise and shall send written requests within 2 working days after requesting the issuance of judicial record cards.

As regulations above, it is only permissible to apply for a judicial record in a province other than permanent residence in Vietnam when the requesters have no place of permanent residence.

Is it permissible to apply for a judicial record in a province other than permanent residence in Vietnam? - Image from Internet

Who is competent to issue a judicial record 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.

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