Is having been administratively sanctioned for drug use recorded in judicial record card No. 2 in Vietnam?

Is having been administratively sanctioned for drug use recorded in judicial record card No. 2 in Vietnam?

Is having been administratively sanctioned for drug use recorded in judicial record card No. 2 in Vietnam? In May 2020, I violated the crime of illegal drug use for the first time and was administratively punished by the police. The police said that my criminal record would be kept. I plan to settle abroad, so when I do judicial record card 2, will I have a criminal record in my criminal record? And will my settlement application be affected?

Reply:

Criminal record (judicial record) is understood as a person who committed a crime, was convicted and the sentence has come into legal effect, they are serving or have completed serving that sentence, but their criminal record has not been erased.

Judicial record is understood as a person who has been administratively disciplined or administratively sanctioned for a violation of the law that has criminal signs but has not yet reached the level of criminal prosecution, but has not been disciplined or has not been remove administrative penalties.

According to the information you provided, you have illegally used drugs for the first time and have been administratively punished by the police. That means you have not been convicted of illegal drug use.

=> Your case is considered to have a "judicial record" and not a "criminal conviction"

According to Article 43 of the Law on Judicial Records 2009, the content of Judicial Record Card No. 2 includes:

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, and full names of his/her parents and spouse.

2. Previous criminal conviction:

a/ For an unconvicted person, the words "no previous criminal conviction" shall be written.

b/ For a convict, his/her remitted previous criminal conviction, time of remission, previous criminal conviction not yet remitted, date of judgment pronouncement, serial number of the judgment, the court which has pronounced the judgment, crime, applicable article(s) and clause(s) of law, principal and additional penalties, civil obligation in the criminal judgment, court fee, and state of judgment enforcement.

In case a person is convicted under different judgments, information on his/her previous criminal convictions shall be written in the temporal order.

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.

Accordingly, this judicial record card 2 will record information about criminal conviction, without information about criminal records.

Thus, your case will not record information about administrative sanctions for illegal use of drugs in Vietnam.

Is having been administratively sanctioned for drug use recorded in judicial record card No. 2 in Vietnam? (Image from the Internet)

Can an individual use a temporary residence book to apply for a judicial record card No. 2 in Vietnam?

Can an individual use a temporary residence book to apply for a judicial record card No. 2 in Vietnam? Temporary residence book in Ho Chi Minh City, can I make a judicial record card 2 in Ho Chi Minh City? Look forward to your feedback.

Reply:

According to Clause 2, Article 46 of the Law on Judicial Records 2009, regulations on procedures for requesting the issuance of judicial record cards No. 2 are as follows:

2. Procedures for issuance of judicial record cards No. 2 to individuals comply with Clauses and 2, Article 45 of this Law. Individuals who request the issuance of a judicial record card No, may not authorize others to carry out procedures for such request.

According to this Article, Vietnamese citizens submit to the Department of Justice where they permanently reside; If you do not have a permanent residence, submit it to the Department of Justice where you temporarily reside; In case of residence abroad, submit it to the Department of Justice of the place of residence before leaving the country.

Thus, in principle, you must submit your application for a judicial record card to the Department of Justice of your permanent residence in Vietnam. In case you do not have a permanent residence, you can submit your application to the Department of Justice of Ho Chi Minh City.

When can I apply for a judicial record card at the National Center for Judicial Records in Vietnam?

When can I apply for a judicial record card at the National Center for Judicial Records in Vietnam? Hello everyone, I want to make a criminal record but my household registration is in the province and I have a temporary residence permit in Hanoi. Can I go to the National Center for Judicial Records to get a judicial record card?

Reply:

According to Clause 1, Article 44 of the Law on Judicial Records 2009 on 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.

According to the information you provided, you currently have permanent residence in the province and temporary residence in Hanoi, so you are not in the case of not being able to determine your permanent or temporary residence in Vietnam.

Therefore, you cannot apply for a judicial record card at the National Center for Judicial Records in Vietnam. In this case, you must apply for a judicial record card at the Department of Justice where you have permanent residence.

Best regards!