According to current Vietnam’s regulations, there are 02 types of judicial record cards which are judicial record card No. 1 and judicial record card No. 2. So, how to distinguish these 02 types of judicial record cards? The following article will clarify this.
Article table of contents
According to Clause 4 Article 2 of the Law on Judicial Records of Vietnam, 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, is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court. Thus, judicial record card No. 1 and judicial record card No. 2 are distinguished according to the following criteria:
1. Subjects of issuance
According to Article 41 of the Law on Judicial Records of Vietnam, subjects of issuance of judicial record cards are specified as follows:
- Judicial record card No. 1: issued to the following individuals, agencies and organizations:
+ Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.
+ 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.
- Judicial record card No. 2: Issued to procedure-conducting agencies having the right to request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work and at the request of individuals who want to know their judicial records.
2. Purpose of issuing a judicial record card
- Judicial record card No. 1 is issued to serve the personnel management, business registration, making job application, work permit, business management, etc.
- Judicial record card No. 2 is issued for individuals who want to know their judicial records and to serve in investigation, prosecution and adjudication work, etc.
3. Contents of judicial record card
According to Articles 42 and 43 of the Law on Judicial Records of Vietnam, contents of each judicial record card are specified as follows:
4. Right for authorization for conducting procedures
- Judicial record card No. 1: allowed to authorize.
According to Clause 3 Article 45 of the Law on Judicial Records of Vietnam, 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.
- Judicial record card No. 2: not allowed to authorize.
According to Clause 2 Article 46 of the Law on Judicial Records of Vietnam, individuals who request the issuance of a judicial record card No, may not authorize others to carry out procedures for such request. Requesters for issuance of judicial record cards must directly carry out this procedure.
It can be seen that the judicial record card is an important component for those who have foreign factors such as labor export, foreign settlement, study abroad, etc. Thus, everyone must specifically distinguish these 02 types of judicial record cards to complete their dossiers and serve their work in accordance with the law.
Le Vy
- Key word:
- Law on Judicial Records
