Today, LSX Lawfirm will give you an article about: “Distinguish Criminal Record Certificate No 1 and No 2 in Vietnam”, as follows:
Legal grounds
Law on Judicial Records 2009
Distinguish Criminal Record Certificate No 1 and No 2 in Vietnam
Accordingly, pursuant to Clause 4, Article 2 of the Law on Judicial Records stipulates: “Judicial record card a ticket issued by the judicial record database management agency with value proving that an individual has; then or has no criminal convictions. ; prohibited or not prohibited from holding certain positions, establishing or managing enterprises; or cooperatives in cases where the enterprises or cooperatives declared bankrupt by the Court. Thus, based on the above law; it seen that a private background card a vote banned by a competent state agency for individuals; in order to prove some information related to the identity of that individual.
Judicial record cards include: Judicial record card No. 1 and judicial record card No. 2 prescribed by the Minister of Justice on the form of the ballot. So, what is the difference between resume number 1 and resume number 2? We would like to point out the following:
About the object and purpose
So, Judicial record card number 1: Issued to individuals, agencies and organizations who are Vietnamese citizens, foreigners who have been residing in Vietnam have the right to request the issuance of their own criminal record cards or agencies. The State, political organizations; socio-political organizations request the issuance of the Voucher to serve the management of human resources, business registration activities, establishment and management of enterprises and cooperatives. (Clause 1, Article 41 of the Law on Judicial Records)
Judicial record card No. 2: Issued to the procedure-conducting agency to serve the investigation; prosecution and trial (Clause 2, Article 41 of the Law on Judicial Records).
About the content of the criminal record card
So, Judicial Record Card No. 1: Pursuant to Article 42 of the Law on Judicial Records; the provisions on the content of the Criminal Record Card No. 1:
“1. Full name, gender, date, month, year of birth, place of birth, nationality, place of residence, number of people’s identity card or passport of the person issued with a criminal record card.
- Criminal record status:
a) For people who do not convict, write “no criminal record”. If the convict is not eligible for criminal record remission, write “with previous criminal record”, crime, main penalty and additional penalty;
b) For the person whose criminal record cleared and information about the remission updated in the judicial record, write “no criminal record”;
c) For persons granted amnesty and information about the amnesty updated in the judicial record, write “no criminal record”.
In addition
- So, information about prohibited from holding certain positions, establishing and managing enterprises or cooperatives:
a) For a person who does not prohibit from holding certain positions, establishing or managing an enterprise or cooperative under a decision declaring bankruptcy, write “not prohibited from holding certain positions, establishing or managing an enterprise, Cooperative”;
b) So, for persons banned from holding certain positions, establishing or managing enterprises or cooperatives according to the decision on bankruptcy declaration, write the positions banned from holding, the time limit for not being allow to establish or manage the enterprise, Cooperative.
If an individual, agency or organization does not request it, the contents specified in this Clause shall not record in the judicial record card.”
Thus, for the Judicial Record No. 1
In the criminal record section, only record the criminal record that has not clear, but not the criminal record that clear. Then for those whose criminal records cleared and the information on criminal record remission updated in the Judicial Record, write “No criminal record”. For the person granted amnesty and the information about the commune updated in the judicial record, write “No criminal record”.
Information on prohibition from holding positions. The establishment and management of enterprises and cooperatives shall only recorded in the ballot when requested by individuals, agencies or organizations.
Judicial record card No. 2: According to the provisions of Article 43 of the Law on Judicial Records, the content of the ballot is:
“1. So, full name, gender, date, month, year of birth, place of birth, nationality, place of residence, number of identity card or passport, full name, name of father, mother, wife, husband of person judicial calendar.
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
Criminal record status:
a) For non-convicted persons, write “no criminal record”;
b) So, for convicts, write in full the criminal record expunged, time of criminal record remission, criminal record not yet expunged, date, month and year of judgment pronouncement, number of judgment, court that has pronounced judgment. , crime, applicable provisions of law, principal penalties, additional penalties, civil obligations in criminal judgments, court fees, enforcement status.
In case a person convicted by different sentences, information about that person’s criminal record recorded in chronological order.
- Information about prohibited from holding certain positions, establishing and managing enterprises or cooperatives:
a) So, for a person who not prohibited from holding certain positions, establishing or managing an enterprise or cooperative under a decision declaring bankruptcy, write “not prohibited from holding certain positions, establishing or managing an enterprise, Cooperative”;
b) So or persons banned from holding certain positions, establishing or managing enterprises or cooperatives under the bankruptcy declaration decision, write the positions banned from holding, the time limit for not allowed to establish or manage the enterprise. , Cooperative”.
Thus, for the Judiciary Record No. 2, it is prescribed
It related to Distinguish Criminal Record Certificate No. 1 and No. 2 in Vietnam
- So, in the criminal record section, write all criminal records (including expunged and unexpired criminal records). Then for convicts, write in full the criminal record expunged, time of criminal record remission, criminal record not yet expunged, date, month, year of sentencing, number of judgments, court that has pronounced judgment, crime , applicable law provisions, main penalties, additional penalties, civil obligations in criminal judgments, non-judgments, enforcement status. In case a person is convicted by different sentences, information about that person’s criminal record recorded in chronological order.
- Full information on the prohibition from holding certain posts, establishment and management of enterprises or cooperatives recorded.
About authorization to issue Judicial Record Cards
Criminal record card number : An individual may authorize another person to carry out the procedures for requesting the issuance of a criminal record card number 1. The authorization made in writing. In case the person requesting the issuance of the Judicial Record Card is the father, mother, wife, husband or child of the person granted the Judicial Record Card, a written authorization not required. (Clause 3, Article 45 of the Law on Judicial Records)
Criminal Record Card No. 2: Individuals applying for Criminal Record Card No. 2 must directly do it, not authorize others (Clause 2, Article 46).
So, about the form:
Judicial record card number : The form presented according to the form No. 06/2013/TT-LLTP.
Judicial record card No. 2: The form is presented according to the form No. 07/2013/TT-LLTP.
In summary, based on the nature of the job and the subject applying for a CV, the competent organization will issue a Criminal Record Record No. 1 or a Criminal Record Card No. 2 to an individual or organization. requested authority.
Related questions about Distinguish Criminal Record Certificate No 1 and No 2 in Vietnam
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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