Procedure for issuance of judicial record card No. 1 in Vietnam

Procedure for issuance of judicial record card No. 1 in Vietnam (Internet image)

1. What is judicial record card No. 1?

In Clause 1, Article 41 of the Law on Judicial Records 2009, judicial record cards include:

- Judicial record card No. 1, which shall be issued to individuals, agencies and organizations specified in Clauses 1 and 3. Article 7 of the Law on Judicial Records 2009;

+ 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, which shall be issued to procedure-conducting agencies specified in Clause 2, Article 7 of the Law on Judicial Records 2009 and at the request of individuals who want to know their judicial records.

2. Contents of judicial record card No. 1

Article 42 of the Law on Judicial Records 2009 stipulates the contents of judicial record card No. 1 as follows:

- Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of the person to whom the judicial record card is issued.

- Previous criminal conviction:

+ For an unconvicted person, the words "no previous criminal conviction" shall be written.

For a convict who has insufficient conditions for remission of his/her previous criminal convictions, the words "with a previous criminal conviction." the committed crime, principal and additional penalties shall be written;

+ For a person whose previous criminal conviction has been remitted and for whom information on remission of previous criminal conviction has been updated in his/her judicial records, the words "no previous criminal conviction" shall be written;

+ For a person eligible for amnesty and for whom information on amnesty has been updated in his/her judicial record, the words "no previous criminal conviction" shall be written.

- Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:

+ For a person not banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, the words "not banned from holding certain posts, establishing or managing enterprises or cooperatives" shall be written;

+ For a person banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, posts subject to the ban and the duration of the ban on establishment or management of enterprises or cooperatives" shall be written.

In case individuals, agencies or organizations make no request, details specified in Clause 3 of Article 42 of the Law on Judicial Records 2009 will not be written in judicial record cards.

3. Competence to issue judicial record cards No. 1 in Vietnam

In Article 44 of the Law on Judicial Records 2009, the competence to issue judicial record cards is as follows:

- The National Center for Judicial Records shall issue judicial record cards to the following persons:

+ Vietnamese citizens whose places of permanent or temporary residence are unidentifiable;

+ Foreigners who resided in Vietnam.

- Provincial-level Justice Departments shall issue judicial record cards to the following persons:

+ Vietnamese citizens permanently or temporarily residing in Vietnam;

+ Vietnamese citizens currently residing overseas;

+ Foreigners currently residing in Vietnam.

- The Director of the National Center for Judicial Records, directors of provincial-level Justice Departments or their authorized persons shall sign judicial record cards and take responsibility for their contents.

When necessary, the National Center for Judicial Records and provincial-level Justice Departments shall verify the conditions on automatic remission of previous criminal convictions upon issuance of judicial record cards.

- The issuance of judicial record cards must be recorded in judicial record card issuance books made according to a form set by the Minister of Justice.

4. Application to request for issuance of judicial record card No. 1 in Vietnam

Application to request for issuance of judicial record card No. 1 specified in Clause 1, Article 45 of the Law on Judicial Records 2009 is as follows:

A requester for a judicial record card shall submit a declaration requesting the issuance thereof enclosed with the following papers:

- A copy of the identity card or passport of the person requested to be issued a judicial record card;

- A copy of the household registration book or certificate of permanent or temporary residence of the person requested to be issued a judicial record card.

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

Article 45 of the Law on Judicial Records 2009 stipulates the procedures for requesting the issuance of judicial record card No. 1 as follows:

Step 1: Individuals shall submit declarations requesting the issuance of judicial record cards and enclosed papers specified in in Section 4 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.

+ When requesting the issuance of judicial record cards, agencies and organizations specified in Clause 3, Article 7 of this Article 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 this Law.

6. Time limit for issuance of judicial record cards No. 1 in Vietnam

In Article 48 of the Law on Judicial Records 2009, the time limit for issuance of judicial record cards is 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 specified in Clauses 2 and 3. Article 47 of the Law on Judicial Records 2009;

In case of necessity to verify the conditions on automatic remission of previous criminal convictions specified in Clause 3, Article 44 of the Law on Judicial Records 2009, the time limit is 15 days.

- In case of emergency specified in Clause 1, Article 46 of the Law on Judicial Records 2009, the time limit is 24 hours after the receipt of a request.

Vo Ngoc Nhi

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