A criminal record is a necessary document in many types of files that citizens often use. In many cases, if I want to do a criminal record but can’t work, can I ask my relatives to work? What does the law say about asking relatives to do judicial records for them? Today, LSX Lawfirm will give you an article about “Can I ask a Vietnamese relative to make a criminal record?”, as follows:
Subjects granted a criminal record
According to the provisions of Article 7, 2009 Law on Judicial Records, Vietnamese criminal records are issued to the following subjects:
- Firstly, Vietnamese citizens and foreigners who have been or are currently residing in Vietnam have the right to request the issuance of their criminal record cards.
- Secondly, Procedure-conducting agencies have the right to request the issuance of judicial record cards to serve investigation, prosecution, and trial work.
- Thirdly, State agencies, political organizations, and socio-political organizations have the right to request the issuance of judicial record cards to serve the management of human resources, business registration activities, and establishment and management of enterprises. industry, cooperative.
Conditions for obtaining a criminal record in Vietnam
According to the provisions of the Law on Criminal Records 2009, Vietnamese citizens and foreigners residing in Vietnam need to verify whether an individual has a criminal record, and is prohibited or not, from holding certain posts. , establishment and management of enterprises and cooperatives in case the enterprises or cooperatives are declared bankrupt by the Court and strictly follow the procedures as prescribed by law shall be granted Vietnamese criminal records.
In which cases can a relative be asked to make a criminal record?
Accordingly to the provisions of Article 45 of the 2009 Law on Judicial Records, an individual may authorize another person to carry out the procedures for requesting the issuance of a Criminal Record Certificate No. 1. The authorization must be made in writing in accordance with the provisions of law. law;
In case the person requesting the issuance of a judicial record card is the father, mother, wife, husband, or child of the person granted the judicial record card, a written authorization is not required. However, with the Criminal Record Certificate No. 2, the law has different provisions. Clause 2, Article 46 of the Law on Judicial Records stipulates very clearly:
“In case an individual requests the issuance of a criminal record card number 2, he or she may not authorize another person to carry out the procedures for issuance of a criminal record card”.
Thus, at present, the law only allows relatives to make criminal record card No.
Ask a relative to make a criminal record
In case a relative is a father, mother, wife, husband, or child of a person who issued a judicial record card when carrying out judicial record procedures on behalf of a person, they must present papers proving the father, mother, and wife relationship. , husband, children such as marriage registration certificate, birth certificate or household registration book…
In case the judicial record holder is another relative (relative, acquaintance, etc.), a written authorization is required to carry out the procedures for requesting a notarized judicial record card.
Thus, when carrying out the procedure for making criminal records No. 1 on behalf of another person, it is necessary to prepare the following documents:
- Firstly, A declaration requesting the issuance of a judicial record card;
- Secondly, A copy of the identity card or passport of the person issued with a judicial record card;
- Thirdly, A copy of the household registration book or certificate of permanent or temporary residence of the person issued with a judicial record card;
- And Power of attorney or papers proving the relationship of father, mother, wife, husband, or child;
- Finally, Present the identity papers of the person going to do the judicial record.
In addition
The application file shall submit to the Department of Justice where the applicant for a judicial record card permanently resides; in case there is no permanent place of residence, it shall be submitted to the Department of Justice of the place of temporary residence; In case of residing abroad, the application shall submit to the Department of Justice of the place of residence before leaving the country.
After submitting the correct and complete dossier, it is necessary to pay the fee for issuance of a criminal record card (200,000 VND/time/person; students, students, people with meritorious services to the revolution, relatives of martyrs is 100,000/time/person). ; children, the elderly, people with disabilities, people from poor households are free).
The officer receiving the application will issue an appointment letter to get the criminal record card. People come to receive the criminal record card according to the time stated in the appointment letter.
In addition, people can also make criminal records online or make criminal records by post.
How to authorize a relative to make a criminal record?
According to current law, there are two procedures for authorizing relatives to make criminal records as follows:
– In case the relative is the father, mother, wife, husband, or child of the person issued with the judicial record card when carrying out the judicial record procedures on behalf of the person, they must present papers proving the father, mother relationship. wife, husband, children such as marriage registration certificate, birth certificate or household registration book, etc.
– In case the person serving as a judicial record holder is another relative (aunt, aunt, uncle, etc.; acquaintance, etc.), a written authorization required to carry out the procedures for requesting the issuance of a criminal record card.
In addition, according to the provisions of the law on notarization, authentication, and judicial records, the written authorization to ask a relative to make a criminal record card No. 1 needs to made in writing and notarized and authenticated
Documents required when asking a relative to make a criminal record
To request a criminal record card, you need to prepare the following documents:
- Firstly, A declaration requesting the issuance of a criminal record certificate (Form No. 03/2013/TT-LLTP for self-application or Form 04/2013/TT-LLTP for authorization)
- Secondly, a Copy of an ID card or passport
- Thirdly, a Copy of the household registration book or certificate of permanent/temporary residence
- Finally, a Sample of power of attorney to make a criminal record certified by the People’s Committee of the ward/commune if you are a Vietnamese citizen living in the country or a Vietnamese diplomatic or consular agency abroad if you are a Vietnamese citizen Male residing overseas (except where the person requesting the issuance of a criminal record card is the father, mother, wife, husband or child of the person granted the criminal record card) and a copy of the identity card of the authorized person, in case the individual authorizes another person to carry out the procedures for requesting the issuance of the No.1 judicial record card. For the No.2 judicial record card, the individual may not authorize another person to carry out the procedures.
Can I ask a relative to get a criminal record?
– Accordingly to the provisions of Clause 3, Article 45 of the 2009 Law on Judicial Records; an individual may authorize another person; to carry out the procedures for requesting the issuance of a Criminal Record Certificate No. 1. The authorization must made in writing according to regulations. provisions of law; In case the person requesting the issuance of a 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 2, Article 46 of this Law stipulates; that if an individual requests the issuance of a criminal record card No. 2, he or she may not authorize another person; to carry out the procedures for issuance of a criminal record card. Pursuant to the above provisions; in case an individual requests the issuance; of a criminal record card number 1, he or she may carry out the procedures; for authorizing another person to go to the card-issuing agency; to obtain a criminal record card or ask his or her parents to wife, husband, children get marry.
– When coming to get the Judicial Record Card; the authorized person presents the Appointment Card, power of attorney, and people’s identity card or passport or citizen identification card.
And
– If the person who comes to get the criminal record card; is your father, mother, wife, husband, or child, replace the power of attorney; with a document proving the relationship of father, mother, wife, husband; or child (your birth certificate). if the person coming to get the criminal record card; is your parents, the marriage certificate if the person coming to get the criminal record card; is your husband or wife, the birth certificate of your child; if the person coming to get the criminal record card is your child).
– In case an individual requests the issuance of a criminal record card No. 2, only the individual can obtain a criminal record card. Therefore, you can go to get the criminal record card number 2; after returning or ask the Department of Justice or the National Center for Criminal Records; to send the criminal record card to an address where individuals can receive the ballot.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Can I ask a Vietnamese relative to make a criminal record?“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
- FB: www.facebook.com/luatsux
- Tiktok: https://www.tiktok.com/@luatsux
- Youtube: https://www.youtube.com/Luatsux
Related article
Is a criminal record authorized under Vietnamese law?
How long can a business suspend under Vietnamese legislation?
Related questions
Article 48 of the 2009 Law on Judicial Records stipulates that the time limit for issuance of a criminal record card is 10 days from the date a competent authority receives a valid request then.
The fee for making criminal records is specified in Article 4 of Circular 244/2016/TT-BTC
Subjects exempt from payment of fees for issuance of judicial certificates include: Children are regulated in the Law on protection, care, and education of children and children under 16 years old.
– Firstly, Elderly people according to the Law on Elderly (No. 39/2009/QH12) and Vietnamese citizens from full 60 years of age or older.
– Secondly, for People with disabilities according to the provisions of the Law on Persons with Disabilities No. 51/2010/QH12. In which, disabled person means a person who has a defect in one or more body parts or a functional decline, which is manifested in the form of a disability that causes difficulties in working, living, or studying.
– Thirdly, People from poor households as prescribed in the Prime Minister’s Decision No. 59/2015/QD-TTG.
– Finally, People residing in extremely difficult communes, ethnic minorities in border communes, communes with special difficulties, and communes in safe zones according to the provisions of Vietnamese law.
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “Can I ask a Vietnamese relative to make a criminal record?”. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Conclusion: So the above is Can I ask a Vietnamese relative to make a criminal record?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
