Expected in 2018, the Draft Law amending and supplementing certain provisions of the 2009 Judicial Records Law will be officially passed. The draft will abolish the procedure for issuing judicial record certificate No. 2 and unify the application of a single procedure for all subjects entitled to request the issuance of judicial record certificates. The sequence and procedures are carried out as follows:
Article table of contents
Documentation Components:
- Application form requesting the issuance of a Judicial Record Certificate;- One of the personal identification documents of the requester, such as: Identity Card; Citizen Identification Card; Passport; proof of professional military personnel, workers, and public employees in defense services; other legally equivalent documents as stipulated by law;- Individuals must submit documents proving their permanent or temporary residence. If an individual cannot determine his/her permanent or temporary residence, this document is not required.
Individuals requesting the issuance of a Judicial Record Certificate who are under 14 years old must submit the application form along with documents proving their permanent or temporary residence; in the case of a foreign individual under 14 years old, a passport must be submitted.
Individuals may authorize others to perform the procedure for requesting the issuance of a Judicial Record Certificate. The authorization must be in written form as prescribed by law.
If the requester is the father, mother, spouse, or child of the person requesting the issuance of a Judicial Record Certificate, there is no need for a written authorization but the original or a certified copy proving the relationship must be presented.
The authorized person or the father, mother, spouse, child of the requester must present their Identity Card or Citizen Identification Card or Passport.
Place of Submission:
- 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 have temporary residence; if residing abroad, submit at the Department of Justice of the last place before exit;- Foreigners residing in Vietnam submit at the Department of Justice of their residence; if they have left Vietnam, submit at the National Judicial Record Center;- Those who cannot determine their permanent or temporary residence submit at the National Judicial Record Center.
Submission Methods:
- For direct submission, individuals submit copies of personal identification and residence proof and present the originals for comparison; if the originals are not available for comparison, certified copies must be submitted.- For postal submission, individuals submit certified copies of personal identification and residence proof.- For online submission, documents in the application must be scanned from the original and must ensure authenticity, completeness, accuracy of information, and technical requirements.
Timeframe for Issuance of Judicial Record Certificate:
- If the individual requesting the Judicial Record Certificate resided at only one place, the issuance time is no more than 07 working days from the date of receiving a valid request.- If the individual has resided in multiple places, the issuance time is no more than 10 days from the date of receiving a valid request.- If the individual is a Vietnamese citizen who has stayed abroad, cannot determine their permanent or temporary residence, is a foreigner, or requires verification for automatic criminal record expungement, the issuance time is no more than 15 days from the date of receiving a valid request.- If verification is required in multiple places or agencies regarding conditions for automatic criminal record expungement, the issuance time is no more than 20 days from the date of receiving a valid request.- If the requester is under 14 years old, the issuance time is 01 working day from the date of receiving a valid request.
See the full text of Draft Amendment Law Law on Judicial Records 2009.
