Hello Lawyer X! Currently, I am about to establish a cooperative, so I need to do a criminal record. Can a lawyer analyze for me the guidance on making a direct criminal record according to current regulations? I hope the lawyer will respond soon to answer my questions. Thank you.
Hello. Thank you for submitting your question to Lawyer X. We will answer your questions through this article. Please refer.
Legal grounds
Law on Judicial Records 2009
What is a judicial record?
According to the provisions of Clause 1, Article 2 of the 2009 Law on Judicial Records, a judicial record is a record of a person’s criminal record of a person convicted by a court’s criminal judgment or decision that has taken legal effect. judgment enforcement and on banning individuals from holding certain positions, establishing and managing enterprises or cooperatives in case enterprises or cooperatives are declared bankrupt by the Court.
Purpose of judicial calendar management
Satisfy the requirement to prove that the individual has or does not have a criminal record, is prohibited or not prohibited from holding certain positions, establishing or managing an enterprise or cooperative in case the enterprise or cooperative is banned by the Court bankruptcy judgment.
Record remission of criminal records creates conditions for convicts to reintegrate into the community.
Support criminal proceedings and criminal justice statistics.
Support in human resource management, business registration, establishment, and management of enterprises and cooperatives.
The object of management of the judicial calendar
According to the provisions of Article 5 of the Law on Judicial Records 2009, the subjects of judicial record management include:
Vietnamese citizens convicted by legally effective criminal judgments of Vietnamese or foreign courts that extract judgments or criminal records of the convicts are approved by competent agencies of Vietnam. provided by foreign countries under international treaties on mutual legal assistance in criminal matters or on the principle of reciprocity.
Foreigners who have been sentenced by Vietnamese courts with legally effective criminal judgments.
Vietnamese citizens and foreigners are banned by Vietnamese courts from holding certain positions, establishing or managing enterprises or cooperatives in the legally effective decision declaring bankruptcy.
What is a judicial record card?
According to the provisions of Clause 4, Article 2 of the 2009 Law on Judicial Records, a judicial record card is a ticket issued by a judicial record database management agency that is valid for proving that an individual has or does not have a criminal record; prohibited or not prohibited from holding certain positions, establishing or managing enterprises or cooperatives in cases where the enterprises or cooperatives are declared bankrupt by the Court.
Classification of judicial record cards
According to Article 41 of the Law on Judicial Records 2009, a judicial record card includes:
Judicial record card No. 1, issued to individuals, agencies and organizations specified in Clauses 1 and 3, Article 7 of this Law;
Judicial record card No. 2 shall be issued to the procedure-conducting agency specified in Clause 2, Article 7 of this Law and issued at the request of an individual so that he/she knows the contents of his/her criminal record.
Judicial record card number 1
The contents of the judicial record card No. 1 include:
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 judicial record card.
Criminal status:
For people who are not convicted, write “no criminal record”. If the convict is not eligible for criminal record remission, write “with previous criminal record”, crime, main penalty, additional penalty;
For the person whose criminal record has been cleared and the information about the criminal record remission has been updated in the judicial record, write “no criminal record”;
For persons granted amnesty and information about the amnesty has been updated in the judicial record, write “no criminal record”.
Information on prohibition from holding certain positions, establishing and managing enterprises and cooperatives:
For persons who are not prohibited from holding certain positions, establishing or managing enterprises or cooperatives under the bankruptcy declaration, the words “not prohibited from holding certain positions, establishing or managing enterprises, cooperating with commune”;
For 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 being allowed to establish or manage the enterprise, the contract of the enterprise or the contract. cooperative.
If an individual, agency ; or organization does not request it, the contents specified in this Clause shall not be recorded in the judicial record card.
Judicial record card number 2
The contents of the judicial record card No. 2 include:
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, and husband judicial calendar.
Criminal status:
For people who are not convicted, write “no criminal record”;
For convicts, write in full the criminal record expunged, time of judicial record remission, judicial record not yet expunged, date, month and year of judgment pronouncement, number of judgment, court which has pronounced judgment, crime title, applicable law provisions, principal penalties, additional penalties, civil obligations in criminal judgments, court fees, enforcement status
In case a person is convicted by different sentences, information about that person’s criminal record is recorded in chronological order.
Information on the prohibition of holding positions, establishing or managing enterprises or cooperatives:
For persons who are not prohibited from holding certain positions, establishing or managing enterprises or cooperatives under the bankruptcy declaration, the words “not prohibited from holding certain positions, establishing or managing enterprises, cooperating with commune”;
For 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 being allowed to establish or manage the enterprise, the contract of the enterprise, or the contract cooperative.
Instructions for making a direct judicial record
Dossier for making judicial records
A criminal record-making dossier includes:
A declaration requesting the issuance of a judicial record card according to the prescribed form (Form No. 03/2013/TT-LLTP; Form No. 04/2013/TT-LLTP).
A photocopy of the identity card or citizen identification card or passport of the person issued with a judicial record card (In case of submission of a photocopy, the original must be presented for comparison. submit a certified copy as prescribed by law).
Power of attorney in case of authorizing another person to carry out the procedures for requesting the issuance of a judicial record card number 1[4] (in case the authorized person is the father, mother, wife, husband or child of the authorizing person, no authorization is required). The power of attorney must be notarized and authenticated in accordance with Vietnamese law.
Individuals requesting the issuance of Criminal Record Cards No. 2 may not authorize others to carry out the procedures for requesting the issuance of Criminal Record Cards.
Procedure for making a judicial record
Submit your application to the Department of Justice:
Vietnamese citizens submit to the Department of Justice where they permanently reside; if he does not have a place of permanent residence, he/she shall submit it to the Department of Justice where he/she temporarily resides; In case of residence abroad, it shall be submitted to the Department of Justice of the place of residence before leaving the country.
Foreigners residing in Vietnam shall submit their documents to the Department of Justice where they reside.
Get results at the place of application.
Related articles:
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
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Frequently asked questions
According to current regulations, the 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 natural fathers, natural mothers, wives (or husbands), children (natural children, adopted children), people with meritorious services to the Vietnamese people. fostering martyrs): 100,000 VND/time/person.
Cases in which judicial record information is provided free of charge include: Children under the Law on Child Protection, Care and Education; Elderly people as prescribed in the Law on Elderly; Persons with disabilities as prescribed in the Law on Persons 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.
Fee for providing criminal record information: 200,000 VND/time/person.
Fees for providing judicial record information to 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 Vietnamese people. fostering martyrs): 100,000 VND/time/person.
In addition, there are 5 groups of subjects who receive free criminal record cards.
Children.
Elderly.
People with disabilities.
People from poor households according to regulations.
People residing in extremely difficult communes, ethnic minorities in communes with extremely difficult socio-economic conditions, border communes, and safe zone communes as prescribed by law.
Conclusion: So the above is Guideline for making judicial records directly in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
