Guidance on Issuance of Judicial Record Cards in Special Cases in Vietnam

14:16, 11/07/2024

According to Official Dispatch 367/TTLLTPQG-HCTH dated July 27, 2016 of the National Center for Judicial Records, the Departments of Justice of provinces and centrally affiliated cities shall issue Judicial Record Certificates in some special cases as guided below:

No	Case	Guidance
1	Confirmation of criminal record status in Judicial Record Card after verification but unclear information about the criminal record	- In case the received results of information retrieval and verification before July 1, 2010, from the Police Department, show that the individual has been arrested, investigated, prosecuted, or charged but no information about the trial, the Department of Justice proceeds to verify at the Procuracy, the Court, the criminal execution agency (THA), the civil execution agency, and other relevant agencies. If there is no information about the trial judgment for the individual, the Department of Justice confirms the criminal record status in Judicial Record Card No. 1 and No. 2 as “no criminal record”. - In case the Department of Justice receives verification results before July 1, 2010, from the Police Department, showing that the individual was tried by a judgment, with judgment number, judgment date, the name of the court issuing the judgment, the crime...but incomplete information about the judgment, the Department of Justice continues to verify at the Procuracy, the Court, the criminal execution agency, the civil execution agency, and other relevant agencies, but no information on the execution status of the individual. If the individual meets the time conditions for the automatic expungement of the criminal record and does not commit a new crime, the Department of Justice confirms the criminal record status in Judicial Record Card No. 1 as “no criminal record” and Judicial Record Card No. 2 records information about the judgment based on the received verification content.
2	Individuals being prosecuted, investigated, wanted...	In case the Department of Justice receives information that the person requesting the issuance of the Judicial Record Card is being prosecuted, investigated, or wanted..., has not been convicted by a legally effective judgment, according to Article 49 of the Law on Judicial Record this does not fall under the case of refusing to issue an Judicial Record Card, hence, the Department of Justice issues the Judicial Record Card to that person and confirms the criminal record status as “no criminal record”. Simultaneously, the Department of Justice notifies in writing the investigating agency, the relevant procedural agency about the person being prosecuted, investigated, or wanted, who has requested the issuance of the Judicial Record Card to take necessary professional measures if needed.
3	Workers going to work in Taiwan	The police record office issues a Card of No Criminal Record for Vietnamese citizens going to work in Taiwan for a limited time. The Department of Justice needs to coordinate and communicate with the Police Department in explaining and guiding citizens to the provincial or central city Police to request the issuance of the Card of No Criminal Record according to regulations. If a Vietnamese citizen going to work in Taiwan needs to request an Judicial Record Card, the Department of Justice still issues the Judicial Record Card according to the provisions of the Law on Judicial Record.
4	Stateless individuals	According to the Law on Judicial Record, the person requesting the issuance of an Judicial Record Card must submit a copy of the ID card or passport, thus, in the case of a stateless person requesting the issuance of an Judicial Record Card, the Department of Justice requests the provision of international travel documents issued by the competent authority of a country for stateless persons residing in that country and accepted by the competent authority of Vietnam (Clause 3, Article 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam) as a replacement for the ID card or passport.
5	Issuance for professional soldiers, workers and defense public employees	ID card, household registration book, permanent or temporary residence registration list, and residence verification Card are two types of documents needed in the application for an Judicial Record Card. According to Clause 2, Article 3 of ND 59/2016/ND-CP: The Card of professional soldiers, workers, and defense public employees is proof that the person issued is currently serving in the Vietnam People’s Army and performing civil transactions. According to Clause 2, Article 16 of the Law on Residence, the place of residence of officers, non-commissioned officers, professional soldiers, workers, and defense public employees is the unit where the person is stationed, except in cases where there is a place of residence according to Clause 1, Article 12 of the Law on Residence. The Card of professional soldiers, workers, and defense public employees and the collective household registration list are valid for providing personal information and residency place for officers, non-commissioned officers, professional soldiers, workers, and defense public employees; persons performing military service, serving in a limited term in the barracks of the Vietnam People’s Army. Thus, when the person requesting the issuance of an Judicial Record Card is a professional soldier, worker, and defense public employee, the Department of Justice shall process the application with the Card of professional soldiers, workers, and defense public employees instead of the ID card, and the collective household registration list instead of the household registration book.
6	Verification results of criminal record information at relevant agencies show that the person requesting the Card has multiple names	In case the verification results of Judicial Record information about the criminal record at the Police Department, the Court, the Procuracy, and other relevant agencies show that the criminal record information of the person requesting the Judicial Record Card has multiple names (e.g., Tran Van A, Tran Quang A) and different from the name in the Judicial Record Card request dossier (e.g., Tran Ngoc A) but with the same information on year of birth, the father's name, mother's name; place of permanent or temporary residence. The Department of Justice needs to send a document requesting the Police Department to verify whether these cases are the same person or not. If the verification results show that the persons with the above-mentioned names are the same person, the Department of Justice issues an Judicial Record Card to the person named in the application form (Tran Ngoc A) according to regulations. If the verification results are not received due to the verification time exceeding the time limit specified in the Law on Judicial Record or the verification results still have no conclusion as to whether the persons with the above-mentioned names are the same person, the Department of Justice sends the dossier to the Center for support in retrieval and verification.
7	Foreigners residing in Vietnam without a temporary residence Card	Foreigners residing in Vietnam but unable to provide a temporary residence Card issued by the Police Department due to time, financial, or travel difficulties... when requesting the issuance of Judicial Record Card, the National Judicial Records Center guides as follows: Based on the provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam and Official Dispatch 10407/A72-P2 dated September 14, 2015, from the Immigration Management Department on the issuance of documents confirming the temporary residence of foreigners in Vietnam sent to the National Judicial Record Center, if the foreigner does not provide a temporary residence Card, to prove their residence in Vietnam when applying for an Judicial Record Card, the Department of Justice can use one of the following documents: permanent residence card, temporary residence card, passport with immigration verification stamps, temporary residence Card issued at the border gate or extended at the Immigration Management Department as a replacement. The National Judicial Records Center also proposes: - To unify the determination of temporary residence according to Clause 1, Article 31 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam. When foreigners residing in Vietnam submit their applications for the Judicial Record Card with the temporary residence Cards issued by the Police Department at the place of temporary residence, the Department of Justice at that location shall accept the request and issue the Card as prescribed by law. - In case there is no basis to determine the temporary residence place of foreigners residing in Vietnam, the Department of Justice guides them to submit the application for issuance of the Judicial Record Card at the National Judicial Records Center (directly or via postal services, online). The National Judicial Records Center will review and issue the Judicial Record Card according to regulations.
8	When the crime is annulled	Article 35 of the Law on Judicial Record stipulates: “In case a person convicted of a crime but that crime is annulled according to the provisions of the Criminal Code, the information about that crime is removed from the criminal record of that person.”. If the person requesting the Judicial Record Card has been convicted of a crime, but that crime is annulled according to the provisions of the Criminal Code, it is indicated in Judicial Record Card No. 1 or Judicial Record Card No. 2 as having no criminal record. In case the criminal record has been established, it should be annulled.
9	Individuals simultaneously requesting both Judicial Record Card No. 1 and No. 2	Individuals simultaneously requesting both Judicial Record Card No. 1 and No. 2, the Department of Justice only accepts one set of documents, in which the application form for issuing the Judicial Record Card for individuals according to form No. 03/2013/TT-Judicial Record (at Circular 16/2013/TT-BTP). The Department of Justice guides individuals to select both Card No. 1 and No. 2 in the “Request for issuance of the Judicial Record Card…” section and clearly state the quantity of Cards No. 1 and No. 2 in the “Number of Judicial Record Cards requested…” section.
10	Withdrawal and cancellation of issued Judicial Record Cards	Currently, the Law on Judicial Record and its guiding documents do not provide regulations on the procedures for withdrawing and canceling issued Judicial Record Cards with incorrect content. Therefore, the National Judicial Records Center guides the Department of Justice to have written documents for withdrawal and cancellation of issued Judicial Record Cards, stating clearly the reasons for withdrawal and cancellation, and sending the documents to the individual issued the Judicial Record Card, while also announcing it on the Department of Justice's website (if any).

For more details see Official Dispatch 367/TTLLTPQG-HCTH

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