The process of issuing a judicial record card in HCMC, Vietnam

The process of issuing a judicial record card in HCMC, Vietnam (Internet image)

According to Section 4, Chapter II, Procedure issued together with Decision 274/QD-STP-LLTP dated 07/07/2020 of the Department of Justice of Ho Chi Minh City. In Ho Chi Minh City, the process of issuing a judicial record card at the Department of Justice of Ho Chi Minh City is carried out as follows:

1. Receipt of applications of requests for the issuance of judicial record cards

Every day, depending on the number of documents requesting the issuance of a judicial record card, the issuer is flexible in the time of receiving the file at the Receiving and Returning Department of the Department's Office but at the latest before 08:00 am of the next working day.

2. Review and classification of requests for issuance of judicial record cards

The ticket-issuing department shall review and classify dossiers of requests for issuance of judicial record cards on the shared judicial record software into two categories as follows:

- Verification records at the National Center for Judicial Records.

- Dossier to search the judicial record database at the Department of Justice.

3. Verification of criminal background information in Vietnam

- After receiving an individual's application for a judicial record card at the Receiving and Returning Department, within 01 working day, the ticket-issuing department shall review and classify the request for issuance of a judicial record card, print the verification slip, submit it to the head of the department for approval, and transfer the documents to be stamped and scanned.

- Verification records at the National Center for judicial records are sent as data files through the management system software for issuing judicial record cards as soon as they are scanned.

4. Look up Judicial background information

- For the verification dossiers at the National Center for Judicial Records specified in Section 2 above, after receiving the verification results, the ticket-issuing department shall look up judicial records at the Department of Justice.

- For the application for searching the judicial record database at the Department of Justice as prescribed in Section 2 above, the division shall issue the judicial record data lookup sheet at the Department of Justice and propose to handle the dossier according to regulations.

5. Submit to the leader of the department for approval of verification and lookup results 

* In case the results of verification and search have no criminal convictions

Within 02 working days from the date of receipt of verification results, the ticket-issuing department shall search criminal data at the Department of Justice and submit it to the head of the division for approval of the verification and search results.

* In case the results of verification and search are judicial record

After receiving the verification results, within 1.5 working days, the ticket-issuing department shall submit the verification results to the head of the department for approval, make a list, and transfer the dossiers to the department (with signatures) to continue processing the application as prescribed in Section 7 below.

6. Print, sign the judicial record card for the application without a criminal conviction in Vietnam

- Based on the results of approval for issuance of judicial record cards, within 02 working days, the ticket-issuing department shall print, sign, and write his/her full name in the position of "vote maker" and submit it to the competent person to sign the judicial record card according to the Regulation on Working Regime at the Department of Justice of Ho Chi Minh City.

- Within 01 working day, the person competent to sign the judicial record card shall consider and sign the judicial record card.

- A judicial record card is made in three (03) copies, two (02) copies are issued to the person requesting the issuance of a judicial record card (unless the citizen requests a larger quantity), one (01) copy shall be archived together with the application file for a judicial record card.

7. Process of handling dossiers of requests for the issuance of judicial record cards with judicial records in Vietnam

* When receiving dossiers requesting the issuance of background cards for citizens with judicial records, the XLAT department shall do the following:

- Update the verification results of PV06 or the National Center in the "List of documents requesting the issuance of a judicial record card" in the "Notes" field within 01 working day from the date of receipt of verification results.

- Look up the judicial record information of the person requesting the issuance of a judicial record card on the shared judicial record software at the "List of receiving judicial record information" and the section "List of judicial record records".

+ In case there is judicial record information of the person requesting the issuance of a judicial record card on the shared judicial record management software, propose to the leader of the Division to transfer the division to handle the database providing relevant judicial record information and the citizen's judicial record bag (if any) within 2 working days.

+ In case there is information on the judicial record of the person requesting the issue of the card but there is not enough basis to issue the judicial record card as prescribed or there is no judicial record information, within 2 working days, the issue shall be issued:

++ Official letter of verification at the Court (for judicial records) or the Police, Procuracy, Court (for judicial records);

++ Invitation letter for citizen contact.

* Note:

+ Invitation letter to issue 02 copies (01 to citizens, 01 to keep records), contact time is Wednesday, Friday of the next working week of the week of invitation issuance.

+ When handling documents, when contacting the person requesting the issuance of the ticket, they must fill out a form to provide information (according to the form), fully and honestly record the information presented, and reflect and guide the update of judicial record remission conditions as prescribed.

+ In the event that the petitioner provides documents related to the judicial record, the judicial record must be recorded in the minutes or the monitoring book of the dossier-handling division with the documents. (The reception specialist is responsible for checking and comparing documents provided by the involved parties.)

- Make a list of judgment extracts at the courts and transfer them to the receiving department for monitoring as soon as there is a document extracting the judgment.

- Receive verification results.

- Based on the verification results, the information supply slip should, within 03 working days from the date of receipt of the verification results, propose to the leader of the department to consider and approve the issuance of the judicial record card as follows:

+ In case of receiving a legally effective judgment, the dossier-handling division has documents proposing to make a judicial record of the person requesting the issue of a judicial record card and issues a judicial record card to the person requesting the issue of a judicial record card with the following status:

++ "Having criminal convictions" means that the person requesting the issuance of a judicial record card is not eligible for judicial record remission.

++ "No judicial record" for judicial record Card No. 1 or full update of criminal status for judicial record Card No. 2
  if the person requesting the issuance of a judicial record card has met the conditions for judicial record remission as prescribed by law.

+ In case of receiving verification results from the police, the procuracies, or the court, confirming that the voter is not being prosecuted or tried, or there has been a decision to prosecute, prosecute, or bring the case to trial but there is a decision to suspend it according to the provisions of law, then issue a judicial record card to the person requesting the issue of a judicial record card with no judicial record.

+ In the event that the method of handling the results of the verification of judicial record information is unknown (due to loss, damage, no longer stored, ...) then continue to verify and propose solutions according to regulations.

- Based on the results of approval for issuance of judicial record cards of the person competent to sign the judicial record card, the Dossier Processing Division has the following documents:

+ Transfer to the Department to determine the judicial record database of the person requesting the issuance of a judicial record card according to the provisions of Clauses 3, 4, 5, Article 12, Clauses 1, 2, 3, Article 13 of the promulgation process attached to Decision 274/QD-STP-LLTPwithin 02 working days.

+ Check and initialize each page of the judicial record and take responsibility for the content and form of the judicial record, and print and sign with full name in the position of "voting maker" within 01 working day. .

* The time limit for a competent person to consider, approve, sign, and issue a judicial record card for dossiers with criminal convictions or judicial records is as follows:

- Reviewing and approving the issuance of vouchers takes 01 working day.

- Examining and signing for the issue of judicial record cards by the requesters for the issuance of judicial record cards; The judicial record of the person requesting the issuance of a judicial record card is 02 working days.

* Responding to PV06 and the National Center for judicial records

In cases where the verification results from PV06 and the National Center for judicial records are incomplete (about handling results, judgment information, and the criminal status of citizens), then:

After issuing the judicial record card, the case processing department has documents to synthesize information, make a list of information exchanges, and periodically (weekly or monthly, depending on the amount of information) send them to PV06 and the National Center for judicial records.

* Transfer the department to determine the database to complete the judicial record of the person requesting the ticket and make a judicial record for the remaining defendants in the judgment (if any) in accordance with Article 12, Article 13 of the Promulgation Process attached to Decision 274/QD-STP-LLTP.

8. Return of the results of the judicial record card

The division that issues the form returns the results of the judicial record card as follows:

- Transfer the judicial record card signed by the leader to the clerical department of the Department's Office for stamping.

- judicial record card issued at the request of the individual

+ In case of failure to carry out the procedures for combining and connecting: The judicial record card is handed over to the receiving and returning department or the post and telecommunications unit to return the results to the citizen.

+ In case of performing combined and interconnected administrative procedures: The judicial record card is handed over to the specialized division or relevant unit to continue handling administrative procedures for citizens.

- The judicial record card issued at the request of the agency or organization shall be handed over to the receiving and returning department or the post and telecommunications unit to return the results to the agency or organization.

- Information on the handling of dossiers for the issuance of judicial record cards shall be transferred to post and telecommunications units so that citizens, agencies, and organizations can look up the results of dossier settlement via the messaging service.

Van Trong

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