Application and procedures for the issuance of judicial record cards from July 1, 2021 in Vietnam

On June 23, 2021, the Ministry of Justice of Vietnam issued Decision 1050/QD-BTP on publication of changes in administrative procedures and supplements in the field of judicial records under the management function of the Ministry of Justice.

Application and procedures for the issuance of judicial record cards from July 1, 2021 in Vietnam (Illustration)

Starting from July 1, 2021, procedures for granting judicial record cards to Vietnamese citizens and foreigners residing in Vietnam are carried out as follows:

The procedures:

- Submit documents at the Department of Justice of Vietnam:

Vietnamese citizens submit to the Department of Justice where they permanently reside; if he/she does not have a place of permanent residence, he/she shall submit it to the Department of Justice where he/she temporarily reside. In case of residence abroad, the application shall be submitted to the Department of Justice of the place of residence before leaving the country.

A foreigner residing in Vietnam shall submit it to the Department of Justice where he/she resides.

- Get results at the place of application.

How to do it: Submit an application to the Department of Justice.

Profile composition[3]:

- A declaration requesting the issuance of a criminal record card according to the prescribed form (Form No. 03/2013/TT-LLTP; Form No. 04/2013/TT-LLTP).

Form of declaration for the issuance of a judicial record card

- A photocopy of the identity card or citizen identification card or passport of the person issued with a judicial record card (In case of the submission of photocopies, the original must be presented for comparison. If the original is not available for comparison, a certified copy shall be submitted as prescribed by law).

(Previously, in addition to the above documents, a copy of the household registration book or certificate of permanent or temporary residence of the person who was granted a criminal record card was required. This provision, however, has been fully annulled as of July 1, 2021)

- Authorization letter in the case of authorizing another person to carry out the procedures for requesting the issuance of Judicial Record Card No. 1 [4] (in cases where the authorized person is the father, mother, wife, husband, or child of the authorizing person, a written authorization is not required). Power of attorney must be notarized and authenticated in accordance with Vietnamese law.

Individuals requesting the issuance of Criminal Record Cards No. 2 may not authorize others to carry out the procedures for requesting the issuance of Criminal Record Cards.

In addition, the person requesting the issuance of a judicial record card that is eligible for fee exemption or reduction must present documents to prove it.

Number of records: 01 set.

Time limit for processing applications:

- Within 10 days from the date of receipt of a valid request.

- In case the person requested for the issuance of a criminal record card is a Vietnamese citizen who has resided in many places or has resided abroad for a period of time or foreigners, the time limit for automatic criminal record remission shall not exceed 15 days if verification is required.

Fee:

- Fee for providing criminal record information: 200,000 VND/time/person.

- Fees for providing information on criminal records of students, people with meritorious services to the revolution, relatives of martyrs (including natural fathers, natural mothers, wives (or husbands), children (natural children, adopted children), persons with martyrs' care): 100,000 VND/time/person.

- Cases of free provision of judicial record information include:

+ Children in accordance with the provisions of the law on child protection, care, and education;

+ The elderly, according to the provisions of Vietnam's Law on Elderly;

+ Persons with disabilities as prescribed in Vietnam's Law on People with Disabilities;

+ People from poor households;

+ People residing in extremely difficult communes, ethnic minorities in communes with extremely difficult socio-economic conditions, border communes, and safe zone communes as prescribed by law.

- In case the person who is issued a criminal record card requests a superior to issue 2 votes in a single request, from the 3rd card onward, the criminal record card issuer will collect an additional 5,000 VND/card to cover the expenses. Fees are required for the printing of the criminal record card form.

Bao Ngoc

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