Today, LSX Lawfirm will give you an article about: “Make criminal records for foreigners in Vietnam”, as follows:
Legal grounds
Law on Judicial Records 2009
What is a criminal record?
Judicial record as prescribed by law the criminal record record of a person convicted by a judgment; the court’s criminal decision has taken legal effect; the status of judgment enforcement and the prohibition of individuals from holding certain positions, establishing enterprises, managing enterprises; establishing cooperatives, managing cooperatives when enterprises or cooperatives declared bankrupt by the Court. (according to the Court’s decision declaring bankruptcy).
What is a criminal record card?
Accordingly, Judicial record card a ticket issued by a judicial record database management agency that valid to prove that an individual has or does not have a criminal record; banned or not banned from holding certain positions; establishing or managing enterprises or cooperatives in cases where the enterprises or cooperatives declared bankrupt by the Court.
How many types of judicial record cards are there?
Accordingly, the Law on Judicial Records, currently in Vietnam there are two types of criminal record cards, including:
Criminal record card number 1
So, this voucher issued to Vietnamese citizens and foreigners are currently residing in Vietnam upon their request.
Then, Criminal record card No. 1 also issued to State agencies; political organizations, socio-political organizations to serve the management of personnel, business registration, establishment and management; enterprises and cooperatives when required by these organizations.
Criminal record card number 2
So, Judicial record card number 2 issued to the procedure-conducting agency; which has the right to request the issuance of a judicial record card to serve investigation, prosecution; and trial work upon request.
Can you make a criminal record online?
In order to create maximum conditions for Vietnamese citizens as well as foreigners; then who have been or are residing in Vietnam; the Ministry of Justice has implemented an online registration service for issuing criminal record cards: Choosing the right applicants profile; Enter the Declaration; Submit application and get results.
For details, please visit: lltptructuyen.moj.gov.vn
Make criminal records for foreigners in Vietnam
According to current regulations, foreigners currently residing in Vietnam; or foreigners who have previously resided in Vietnam can make criminal records.
Procedures for making criminal records for foreigners are similar to procedures for making criminal records of Vietnamese citizens (instructed above), however; foreigners wishing to make criminal records need to keep them. Notice the following issues:
(1) So, if a foreigner is residing in Vietnam, he/she shall submit a dossier at the Department of Justice where he/she resides.
(2) So, if a foreigner who has left Vietnam needs to make a criminal record; he/she shall submit the application at the National Center for Criminal Records.
(3) Then, foreigners will be issued with a criminal record card within 15 days from the date of submitting a valid application.
Fees for making criminal records
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 biological fathers, natural mothers, wives (or husbands); children (natural children, adopted children), people with meritorious services to the army and martyrs). nurturing martyrs): 100,000 VND/time/person.
Cases in which criminal record information is provided free of charge:
– Cases in which free information is provided when making a criminal record: Children; Elderly; People with disabilities; People from poor households and people residing in extremely difficult communes; ethnic minorities in communes with extremely difficult socio-economic conditions; border communes, and safe zone communes according to regulations of the Government. law.
Note: In case the person; who is issued a criminal record card asks for a superior to issue 02 copies in a single request; from the 3rd card onward, the criminal record card issuer will collect an additional 5,000 VND/card; (To make up for that) cover the necessary expenses for the printing of the criminal record card form).
Relevant legal documents on making criminal records for foreigners in Vietnam
(1) So, Law on Judicial Records No. 28/2009.
(2) Law on entry, exit, transit and residence of foreigners in Vietnam No. 51/2019
(3) So, then Law on citizen identification 2014.
(4) So, Residence Law No. 68/2020/QH14 dated 13/11/2020.
(5) Then, Decree No. 111/2010/ND-CP dated November 23, 2010 of the Government detailing and guiding the implementation of a number of articles of the Law on Judicial Records.
(6) Then, Circular No. 13/2011/TT-BTP dated June 27, 2011 of the Ministry of Justice on promulgating and guiding the use of forms and samples of judicial record books.
(7) So, then Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP dated May 10, 2012 of the Ministry of Justice; Supreme People’s Court, Supreme People’s Procuracy, Ministry The police and the Ministry of National Defense shall guide the order and procedures for searching, verifying, exchanging and providing judicial record information.
(8) So, Circular No. 16/2013/TT-BTP dated November 11, 2013 of the Ministry of Justice amending and supplementing a number of articles of Circular No. 13/2011/TT-BTP dated June 27, 2011 on issue and guide the use of forms and forms of judicial record books.
(9) Finally, Circular No. 244/2016/TT-BTC dated November 11, 2016 of the Ministry of Finance stipulating the collection rate; mode of collection, payment, management and use of fees for providing criminal record information.
Related article:
What documents do you need to prepare for a criminal record in Vietnam?
Dossier to apply for a criminal record card for foreigners in Vietnam
Related questions
According to Article 7 of the Law on Judicial Records No. 28/2009/QH12, the following foreigners have the right to request a Vietnamese criminal record:
Foreigners residing in Vietnam, and
Foreigners already residing in Vietnam.
Currently, a Vietnamese criminal record is one of the mandatory documents for:
Foreigners currently in Vietnam need to apply for a Vietnamese criminal record card to carry out procedures for applying for a work permit, etc.
foreigners who have been staying in Vietnam and want to carry out immigration procedures to another country, etc.
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