A criminal record certificate is a certificate issued by the agency managing the criminal record database, proving whether an individual has a criminal record or not; whether they are prohibited or not prohibited from holding a position, establishing, or managing an enterprise or cooperative in case the enterprise or cooperative is declared bankrupt by the court.
According to the provisions of Article 41 of the Judicial Records Law 2009, the judicial records certificate 2009 includes:
- Judicial Records Certificate No. 1 issued to individuals, agencies, and organizations as stipulated in Clauses 1 and 3 of Article 7 of the Judicial Records Law 2009;- Judicial Records Certificate No. 2 issued to prosecutorial agencies as stipulated in Clause 2 of Article 7 of the Judicial Records Law 2009 and issued upon individual request so that the person may be informed of the content regarding their judicial records.
The content of Judicial Records Certificate No. 1 includes:
- Full name, gender, date of birth, place of birth, nationality, place of residence, national ID card number, or passport number of the individual to whom the Judicial Records Certificate is issued.
- Criminal record status:- For individuals not convicted: record as "no criminal record". For individuals convicted but not yet eligible for criminal record expungement: record as "has a criminal record," specify the offense, principal penalty, and additional penalties;- For individuals whose criminal records have been expunged and such information has been updated in the Judicial Records: record as "no criminal record";- For individuals granted amnesty and such information has been updated in the Judicial Records: record as "no criminal record".
- Information about prohibition from holding certain positions, establishing, managing enterprises, and cooperatives:- For individuals not prohibited from holding positions, establishing, or managing enterprises and cooperatives following a bankruptcy declaration: record as "not prohibited from holding positions, establishing, managing enterprises, cooperatives";- For individuals prohibited from holding positions, establishing, or managing enterprises and cooperatives following a bankruptcy declaration: record the specific prohibited positions and the period of prohibition from establishing, managing enterprises, cooperatives.
If individuals, agencies, or organizations do not request this information, it will not be recorded in the Judicial Records Certificate.
See more about the content of Judicial Records Certificate No. 2 in Article 43 of the Judicial Records Law 2009, effective from July 1, 2010.
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