Vietnam: Judicial record card form for foreigners

Vietnam: Judicial record card form for foreigners

1. What is a judicial record card?

According to Clause 4, Article 2 of Vietnam's Law on Judicial Records 2009, 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; 

whether an individual is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

2. Foreigners' right to request the issuance of judicial record cards

According to Article 7 of Vietnam's Law on Judicial Records 2009, right to request the issuance of judicial record cards is 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.

Thus, foreigners who have been or are currently residing in Vietnam have the right to request the issuance of a judicial record card.

3. Judicial record card form for foreigners

According to Point a, Clause 1, Article 41 of Vietnam's Law on Judicial Records 2009, foreigners are subject to the issuance of Judicial record card No. 1.

Judicial record card No. 1 for foreigners

4. Procedures for issuance of judicial record cards for foreigners

Procedures for issuance of judicial record cards for foreigners according to Article 45 of Vietnam's Law on Judicial Records 2009 and Clause 2, Article 2 of Vietnam's Circular 16/2013/TT-BTP are as follows:

- 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;

Application form for the issuance of a judicial record card

Application form for issuance of judicial record cards as authorized

-  Individuals shall submit declarations and enclosed papers to the following agencies:

+ 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.

5. Time limit for issuance of judicial record cards

The time limit for issuance of judicial record cards to foreigners according to Article 48 of the Law on Judicial Records 2009 is prescribed as follows:

+ The time limit for issuance of a judicial record card is 10 days after the receipt of a valid request

+ In case a person requested to be issued a judicial record card is a Vietnamese citizen who has resided in different localities or once resided overseas, or a foreigner, and in case of necessity to verify the conditions on automatic remission of previous criminal convictions specified in Clause 3, Article 44 of this Law, the time limit is 15 days.

Quoc Dat

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