Is previous criminal conviction of judicial record card No. 1 different from No. 2 in Vietnam? Can minors be issued a judicial record card No. 2 in Vietnam?

Is previous criminal conviction of judicial record card No. 1 different from No. 2 in Vietnam?

Is previous criminal conviction of judicial record card No. 1 different from No. 2? Let me ask, I have already had my judicial record erased. In judicial sheet No. 1, it is written that I have no judicial record. Now when I ask for judicial record card No. 2, will it be written like No. 1?

Reply:

Point b, Clause 2, Article 42 of the Law on Judicial Records 2009 stipulates contents of judicial record card No. 1 as follows:

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;

Thus, in your case, Judicial Record Card No. 1 reads "no previous criminal convictio" which is in accordance with regulations.

Point b, Clause 2, Article 43 of the Law on Judicial Records 2009 stipulates contents of judicial record card No. 2 as follows:

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.

Thus, in your case, Judicial Record Card No. 2 will no longer be recorded as "no previous criminal convictio", but must specifically state the details of the above regulations in Vietnam.

Is previous criminal conviction of judicial record card No. 1 different from No. 2 in Vietnam? Can minors be issued a judicial record card No. 2 in Vietnam? (Image from the Internet)

Can individuals apply for a judicial record card 2 at their temporary residence in Vietnam?

Can individuals apply for a judicial record card 2 at their temporary residence in Vietnam? Let me ask, if I work far away from home, can I go to the Department of Justice of the province or city where I am temporarily residing to request a judicial record card number 2? Thank you!

Reply:

Clause 2, Article 46 of the Law on Judicial Records 2009 stipulates procedures for requesting the issuance of judicial record cards No. 2 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.

Referring to Clause 1 and Clause 2, Article 45 of the Law on Judicial Records 2009, the specific procedures are as follows:

1. A requester for a judicial record card shall submit a declaration requesting the issuance thereof enclosed with the following papers:

a/ A copy of the identity card or passport of the person requested to be issued a judicial record card;

b/ A copy of the household registration book or certificate of permanent or temporary residence of the person requested to be issued a judicial record card.

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;

b/ Foreigners residing in Vietnam shall submit their declarations to provincial-level Justice Departments in localities where they reside. In case they have left Vietnam, their declarations shall be submitted to the National Center for Judicial Records.

According to the above regulations, if you apply for a judicial record card No. 2, you must submit the application to the Department of Justice where you permanently reside. In case you do not have a permanent residence, you can submit it to the Department of Justice where you temporarily reside in Vietnam.

Can minors be issued a judicial record card No. 2 in Vietnam? 

Can minors be issued a judicial record card No. 2 in Vietnam?  I am not yet 18 years old, can I apply for a judicial record card No. 2? Hope to get an answer.

Reply:

According to Article 7 of the Law on Judicial Records 2009, Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.

At Point b, Clause 1, Article 41 of the Law on Judicial Records 2009, the judicial record card stipulates: 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.

At the same time, Clause 2, Article 46 of the Law on Judicial Records 2009 stipulates that 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, the law does not specifically stipulate the age of an individual when requesting a judicial record card No. 2.

However, Circular 16/2013/TT-BTP has regulations on form No. 04/2013/TT-LLTP: Declaration to request issuance of a judicial record card in case the individual is the father or mother of a minor, he or she requests a judicial record card No. 2.

So if you are not yet 18 years old in Vietnam, you will still be issued a judicial record card No. 2. Specifically, your father and mother will be the ones to request a judicial record card No. 2 for you.

Best regards!