Procedures for requesting the issuance of judicial record cards in Vietnam

Procedures for requesting the issuance of judicial record cards in Vietnam (Internet image)

1. What is judicial record card?

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.

(Clause 4, Article 2 of the Law on Judicial Records 2009)

2. Who has the right to request the issuance of judicial record cards in Vietnam?

According to Article 7 of the Law on Judicial Records 2009, subjects have the right to request the issuance of judicial record cards include:

- Group 1: Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.

- Group 2: Procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.

- Group 3: 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.

3. Types of judicial record cards in Vietnam

According to 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;

- 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.

4. Procedures for requesting the issuance of judicial record cards in Vietnam

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

- 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.

- Individuals shall submit declarations requesting the issuance of judicial record cards and enclosed papers to the following agencies:

+ Vietnamese citizens shall submit their declarations to provincial-level Justice Departments in localities where they permanently reside.

In case they have no place of permanent residence, they shall submit such a declaration to the provincial-level Justice Department in the locality where the requester temporarily resides.

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 Article 45 of the Law on Judicial Records 2009 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 the Law on Judicial Records 2009.

(Article 45 of the Law on Judicial Records 2009)

4.2 Procedures for requesting the issuance of judicial record cards No. 2 in Vietnam

- Procedure-conducting agencies specified in Group 2 which request the issuance of judicial record cards shall send their 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 or these persons are foreigners residing in Vietnam, written requests shall be sent to the National Center for Judicial Records.

- Written requests must clearly indicate information on persons requested to be issued judicial record cards under Clause 1, Article 43 of the Law on Judicial Records 2009.

In case of emergency, competent persons of procedure-conducting agencies may request the issuance of judicial record cards by telephone, fax or otherwise and shall send written requests within 2 working days after requesting the issuance of judicial record cards.

- Procedures for issuance of judicial record cards No. 2 to individuals comply with Clauses and 2, Article 45 of the Law on Judicial Records 2009. Individuals who request the issuance of a judicial record card No, may not authorize others to carry out procedures for such request.

(Article 46 of the Law on Judicial Records 2009)

Do Thanh Long

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