Sample of application for requesting the issuance of judicial record cards in Vietnam

Sample of application for requesting the issuance of judicial record cards in Vietnam (Internet image)

1. Sample of application for requesting the issuance of judicial record cards in Vietnam

The form of declaration requesting the issuance of a judicial record card specified in Circular 16/2013/TT-BTP includes:

- A declaration requesting the issuance of a judicial record card: Form No. 03/2013/TT-LLTP.

Form No. 03/2013/TT-LLTP

- A declaration requesting the issuance of a criminal record card in case of authorization to request the issuance of a criminal record record card No. 1 and the individual being the parent of the minor requesting the issuance of a criminal record card number 2: Form No. 04/2013/TT-LLTP.

Form No. 04/2013/TT-LLTP

- A written request for issuance of a judicial record card No. 1 for state agencies, political organizations and socio-political organizations: Form No. 05a/2013/TT-LLTP.

Form No. 05a/2013/TT-LLTP

- Written request for issuance of Judicial Record Card No. 2 for procedure-conducting agencies: Form No. 05b/2013/TT-LLTP.

Form No. 05b/2013/TT-LLTP

2. What is judicial record card?

Judicial record card means a card issued by an agency managing the judicial record database and valid to prove whether or not an individual has a previous criminal conviction, is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

(Clause 4, Article 2 of the Law on Judicial Records 2009)

3. Who has the right to request the issuance of judicial record cards?

Right to request the issuance of judicial record cards is stipulated as follows

- Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.

- Procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.

- 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.

4. Contents of judicial record card in Vietnam

4.1. Contents of judicial record card No. 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.

- Previous criminal conviction:

+ 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;

+ 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;

+ 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.

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

+ 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;

+ 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.

4.2. Contents of judicial record card No. 2

- 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.

- Previous criminal conviction:

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

+ 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.

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

+ 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;

+ 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.

(Article 43 of the Law on Judicial Records 2009)

Nguyen Thi Diem My

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