Who is eligible to be issued judicial record card No. 2 in Vietnam?

Who is eligible to be issued judicial record card No. 2 in Vietnam? (Internet image) 

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

1. Who is eligible to be issued judicial record card No. 2 in Vietnam?

Specifically, Clause 2, Article 41 of the Law on Judicial Records 2009 stipulates that judicial record card No. 2, which shall be issued to procedure-conducting agencies that request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work and at the request of individuals who want to know their judicial records.

2. Contents of judicial record card No. 2 in Vietnam

Pursuant to Article 43 of the Law on Judicial Records 2009, the contents of judicial record card No. 2 includes:

(1) Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of the person to whom the judicial record card is issued, and full names of his/her parents and spouse.

(2) Previous criminal conviction:

- For an unconvicted person, the words "no previous criminal conviction" shall be written.

- For a convict, his/her remitted previous criminal conviction, time of remission, previous criminal conviction not yet remitted, date of judgment pronouncement, serial number of the judgment, the court which has pronounced the judgment, crime, applicable article(s) and clause(s) of law, principal and additional penalties, civil obligation in the criminal judgment, court fee, and state of judgment enforcement.

In case a person is convicted under different judgments, information on his/her previous criminal convictions shall be written in the temporal order.

(3) Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:

- For a person not banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, the words "not banned from holding certain posts, establishing or managing enterprises or cooperatives" shall be written;

- For a person banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, posts subject to the ban and the duration of the ban on establishment or management of enterprises or cooperatives shall be written.

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

According to Article 46 of the Law on Judicial Records 2009, the procedures for requesting the issuance of judicial record card 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 are as follows:

+ 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;

+ 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 who request the issuance of a judicial record card No, may not authorize others to carry out procedures for such request.

Ho Quoc Tuan

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