What is judicial record? What is the the time limit for issuance of a judicial record card in Vietnam?

What is judicial record? What is the the time limit for issuance of a judicial record card in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is judicial record?

Judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person's holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

(Clause 1, Article 2 of the Law on Judicial Records 2009)

2. What is the the time limit for issuance of a judicial record card in Vietnam?

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, and 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.

(Article 48 of the Law on Judicial Records 2009)

3. Procedures for requesting the issuance of judicial record card No. 1 and No. 2 in Vietnam

3.1. Procedures for requesting the issuance of judicial record card No. 1

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

(1) A requester for a judicial record card shall submit a declaration requesting the issuance thereof enclosed with a copy of the identity card or passport of the person requested to be issued a judicial record card;

(2) 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.

(3) 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.

(4) 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.

(5) The Minister of Justice shall set the form of declaration requesting the issuance of judicial record cards.

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

Procedures for requesting the issuance of judicial record cards No. 2 in Vietnam are prescribed as follows:

-  Procedure-conducting agencies specified in Clause 2, Article 7 of the Law on Judicial Records 2009 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)

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