Procedures for Issuing Judicial Record Cards to Vietnamese Citizens and Foreigners Residing in Vietnam

Procedures for Issuing Judicial Record Cards to Vietnamese Citizens and Foreigners Residing in Vietnam (Internet image)

On July 1, 2024, the Ministry of Justice (Hanoi, Vietnam) issued Decision 1235/QD-BTP to announce the amendment and supplement of administrative procedures in the field of judicial records under the management of the Ministry of Justice (Hanoi, Vietnam).

Procedures for Issuing Judicial Record Cards to Vietnamese Citizens and Foreigners Residing in Vietnam

- Sequence of Execution:

+ Submit the application at the Department of Justice:

Vietnamese citizens submit at the Department of Justice where they have permanent residence; if there is no permanent residence, submit at the Department of Justice where they temporarily reside; if residing abroad, submit at the Department of Justice where they resided before going abroad.

Foreigners residing in Vietnam submit at the Department of Justice where they reside.

The application for issuing a judicial record card can be submitted directly, by postal service, or online.

+ Applicants for judicial record cards register to receive results at the place of application submission, through postal service, or receive electronic results through the Provincial Administrative Procedure Resolution Information System (for those who submit their applications through the National Public Service Portal or the Provincial Administrative Procedure Resolution Information System).

- Method of Execution:

+ Submit the application directly at the Department of Justice.

+ Send the application via postal service.

+ Submit the application online on the National Public Service Portal or the Provincial Administrative Procedure Resolution Information System.

- Components of the Application:

+ Declaration form requesting the issuance of a judicial record card as per the prescribed form (Form No. 03/2024/LLTP; Form No. 04/2024/LLTP; Form No. 12/2024/LLTP; Form No. 13/2024/LLTP).

+ Copy of identity card, citizen identification card, or passport of the person requesting the issuance of the judicial record card (For submitted photocopies, the original must be presented for comparison. If the original cannot be presented, a certified copy must be submitted in accordance with the law).

+ Authorization document in case of authorization for another person to request Judicial Record Card No. 1 (authorization document is not required if the authorized person is the parent, spouse, or child of the authorizing person). The authorization document must be notarized or authenticated in accordance with the laws of Vietnam.

Individuals requesting Judicial Record Card No. 2 cannot authorize another person to request the judicial record card.

Additionally, persons requesting judicial record cards who are eligible for fee exemptions or reductions must present documents to prove the eligibility.

- Number of Application Sets: 01 set.

- Processing Time: Within 10 days from the date of receipt of a valid application. For Vietnamese citizens who have resided in multiple places or have had periods of residence abroad, foreigners, or cases requiring verification of eligibility for automatic expungement, the processing time shall not exceed 15 days.

- Directly Responsible Agency for Administrative Procedures: Department of Justice.

- Coordinating Agencies:

+ Police Agency: Within 07 working days from receiving the judicial record information verification form, the provincial police agency shall check the information on the criminal record status of the subject and send the results to the Department of Justice. If it is necessary to check information in the records and archives of the Ministry of Public Security, the time limit shall not exceed 09 working days.

+ Court Agency: In cases where the criminal record information from the police agency is not sufficient to conclude or the information on the criminal record status of the person has unclear points that need clarification.

+ Competent Agency of the Ministry of National Defense: In cases of issuing judicial record cards to persons who were officers, non-commissioned officers, soldiers, professional soldiers, or defense industrial workers.

+ National Center for Judicial Records: In cases of Vietnamese citizens who resided in many provinces and centrally-run cities, had periods of residence abroad, or foreigners residing in Vietnam since July 1, 2010.

+ Commune-level People's Committees, prosecution agencies, and other related agencies and organizations: Cases requiring verification of eligibility for automatic expungement of criminal records.

- Subjects of Administrative Procedures: Individuals.

- Name of Forms and Declarations:

+ Declaration form for requesting the issuance of a judicial record card (Form No. 03/2024/TT-LLTP);

+ Declaration form for requesting the issuance of a judicial record card (used for individuals authorizing the request for Judicial Record Card No. 1 and individuals who are parents of minors requesting Judicial Record Card No. 2) (Form No. 04/2024/TT-LLTP).

+ Interactive electronic declaration form for requesting the issuance of a judicial record card (Form No. 12/2024/LLTP; Form No. 13/2024/LLTP).

- Fees:

+ Fee for providing judicial record information: 200,000 VND/instance/person.

+ Fee for providing judicial record information for students, revolutionaries, and relatives of martyrs (including biological parents, spouses, children [biological, adopted], and persons who raise martyrs): 100,000 VND/instance/person.

Cases exempt from providing judicial record information fee include: Children as stipulated in the Law on Child Protection, Care, and Education; Elderly people as stipulated in the Law on the Elderly; People with disabilities as stipulated in the Law on People with Disabilities; People belonging to poor households and those residing in particularly disadvantaged communes, ethnic minorities in communes with particularly difficult socio-economic conditions, border communes, safe zones as prescribed by law.

More details can be found in Decision 1235/QD-BTP effective in Vietnam from July 1, 2024.

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