Vietnam: To deploy issuance of judicial record cards on VneID in Hanoi and Thua Thien Hue before April 30, 2024

Vietnam: To deploy issuance of judicial record cards on VneID in Hanoi and Thua Thien Hue before April 30, 2024 (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. To deploy issuance of judicial record cards on VneID in Hanoi and Thua Thien Hue before April 30, 2024

On March 5, 2024, the Government issued Resolution 28/NQ-CP at the regular Government meeting in February 2024.

The Government requests the Ministry of Justice to preside and coordinate with agencies and localities:

- Continue to review and urge the handling of review results according to Resolutions of the National Assembly and the government to remove limitations and inadequacies in mechanisms, policies, and laws; Monitor and urge the completion of Law projects submitted to the National Assembly at the 7th Session, and promptly report to the Prime Minister on issues that arise and exceed their authority.

- Preside and coordinate with the Ministry of Public Security to pilot the solution of issuingjudicial record cards on the VneID application in Hanoi and Thua Thien Hue before replicating nationwide; completed before April 30, 2024.

More details can be found in Resolution 28/NQ-CP, dated March 5, 2024.

2. Right to request the issuance of judicial record cards in Vietnam

- 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.

(Article 7 of the Law on Judicial Records 2009)

3. Procedures for requesting the issuance of judicial record card in Vietnam

3.1 Procedures for requesting the issuance of judicial record card No. 1 in Vietnam

- A requester for a judicial record card shall submit a declaration requesting the issuance thereof enclosed with a copy of the identity card or passport of the person requested to be issued a judicial record card;

- Individuals shall submit declarations requesting the issuance of judicial record cards and enclosed papers to the following agencies:

= 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;

= 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.

- Individuals may authorize other persons to carry out procedures for requesting the issuance of judicial record cards. The authorization must be established in writing under law. In case a requester for a judicial record card is a parent, spouse or child of the person requested to be issued a judicial record card, no written authorization is required.

- When requesting the issuance of judicial record cards, agencies and organizations specified in Clause 3, Article 7 of Articles 45 of the Law on Judicial Records 2009 shall send written requests to provincial-level Justice Departments in localities where persons requested to be issued judicial record cards permanently or temporarily reside. In case it is impossible to identify places of permanent or temporary residence of persons requested to be issued judicial record cards, written requests shall be sent to the National Center for Judicial Records. A written request must clearly indicate the address of the requesting agency or organization, the purpose of use of the judicial record card and information on the person requested to be issued a judicial record card under Clause 1, Article 42 of the Law on Judicial Records 2009.

3.2 Procedures for requesting the issuance of judicial record cards No. 2 in Vietnam

- Procedure-conducting agencies specified in Clause 2, Article 7 of the Law on Judicial Records 2009 which request the issuance of judicial record cards shall send their written requests to provincial-level Justice Departments in localities where persons requested to be issued judicial record cards permanently or temporarily reside. In case it is impossible to identify places of permanent or temporary residence of persons requested to be issued judicial record cards or these persons are foreigners residing in Vietnam, written requests shall be sent to the National Center for Judicial Records. Written requests must clearly indicate information on persons requested to be issued judicial record cards under Clause 1, Article 43 of the Law on Judicial Records 2009.

In case of emergency, competent persons of procedure-conducting agencies may request the issuance of judicial record cards by telephone, fax or otherwise and shall send written requests within 2 working days after requesting the issuance of judicial record cards.

- Procedures for issuance of judicial record cards No. 2 to individuals comply with Clauses and 2, Article 45 of the Law on Judicial Records 2009. Individuals who request the issuance of a judicial record card No, may not authorize others to carry out procedures for such request.

(Articles 45, 46 of the Law on Judicial Records 2009 amended in 2020)

Ho Quoc Tuan

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