Today, LSX Lawfirm will give you an article about: “Dossier to apply for a criminal record card for foreigners in Vietnam”, as follows:
Law on Judicial Records 2009
What is a criminal record card?
Clause 4, Article 2 of the 2009 Law on Judicial Records stipulates: “Judicial record card a ticket issued by a judicial record database management agency that is 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.
Judicial record cards play an important role for subjects who carry out administrative procedures related to foreign elements such as studying abroad, applying for a job, settling abroad, etc.
In addition, the judicial record card is also the basis for state agencies to evaluate the moral character of citizens, consider immigration, stop, return to nationality, raise children or not, issue certificates. practice or not, etc.
In addition, the criminal record card is meaningful in determining whether an individual allowed to reintegrate into the community in the case of a person with a previous criminal record.
Types of criminal record cards in Vietnam
Article 41 of the 2009 Law on Judicial Records, a criminal record card consists of 2 forms
- Firstly, Criminal record card No. 1 issued to:
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;
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, establishment and management of enterprises. industry, cooperative.
- Secondly, Judicial record card number 2 is issued to: The procedure-conducting agency has the right to request the issuance of a judicial record card to serve the investigation, prosecution; trial and granted at the request of an individual to that person knows the contents of his or her criminal record.
Dossier to apply for a criminal record card for foreigners in Vietnam
Firstly, a declaration requesting the issuance of a criminal record card to a foreigner;
Secondly, a copy of the identity card or passport of the person issued with a criminal record card.
Thirdly, a copy of the certificate of temporary residence registration of the person who issued with a judicial record card;
Then, a copy of household registration book; temporary residence book, certificate of permanent or temporary residence of the person who is issued with a judicial record card; (If a photocopy is submitted, the original presented for comparison. original for comparison; submit a certified true copy for replacement as prescribed by law).
In case of authorization to make judicial records, the following additional documents required:
– Original notarized or authenticated power of attorney;
– Present the identity card (or passport) of the authorized person; (authorization only in case of issuance of judicial record card No. 1).
Procedures for applying for a criminal record card for foreigners in Vietnam
Step 1. Submit application
For foreigners residing in Vietnam, the application must be submitted to the Department of Justice of the place of residence.
In case a foreigner has left Vietnam, he/she shall submit a dossier at the National Center for Judicial Records.
In addition, state agencies, political organizations, socio-political organizations; upon request for the issuance of judicial record cards, shall send a written request to the Department of Justice; where the person granted the criminal record card usually resides residence; or temporary residence; if so the place of permanent residence; or temporary residence of the person issued with a judicial record card cannot be determined; it shall be sent to the National Center for Judicial Records.
Step 2. Get Result
So, pay the fee for the issuance of a criminal record card.
After then fully paying the fee, the person applying for a criminal record card will receive an appointment letter for issuance.
So, within 15 working days, applicants for judicial record cards will receive results according to the time specified in the appointment letter.
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.
Contact LSX Lawfirm
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