“Hello, Lawyer, I am in need of a criminal record card to submit to the company at the request of the company. But now I have an unexpected job so I cannot go through the procedures to apply for a certificate by myself. Can I have a criminal record, so let me ask if the criminal record is authorized? Looking forward to receiving the advice of a Lawyer.” Thank you for your question. To learn more about this content, today, LSX Lawfirm will give you an article about “Is criminal record authorized under Vietnamese law?“, as follows:
Is criminal record authorized?
Individuals who wish to make a judicial record but cannot directly go to work can authorize another person to do so.
Subjects receiving authorization to make judicial records are:
- Firstly, Family members (spouse, father, mother, child…).
- Secondly, Any individual with full capacity is liable for civil action.
- Thirdly, The authorization must made in the form of a written authorization unless the requester for the issuance of criminal record number 1 is the father, mother, wife, husband, or child of the person granted the criminal record number 1. 1 does not require a written authorization. But when you go to work instead, you need to bring documents proving your relationship with the person who is issued with a criminal record certificate.
Procedures for granting power of attorney to make judicial records
Step 1: Prepare documents
- Firstly, 01 written authorization to make judicial records according to form No. 04/2013/TT-LLTP issued together with Circular No. 16/2013/TT-BTP dated November 11, 2013 amending and supplementing Circular No. 13 /2011/TT-BTP 2011 of the Minister of Justice on the promulgation and use of forms and samples of judicial record books. In case the father, mother, wife, husband, and children of the authorizing person apply for a judicial record certificate, a written authorization not required, however, an original document proving the relationship with the authorized person required. issue of criminal record number 1.
- Secondly, 01 declarations requesting the issuance of a judicial record card, made according to the attached form in the Circular No. 03/2013/TT-LLTP dated June 27, 2011 of the Ministry of Justice on the issuance and use of the forms and forms. Judicial Records;
- And 01 notarized copy of the identity card or passport of the person issued with the judicial record card No. 01;
- Thirdly, 01 notarized copy of household registration book or certificate of permanent or temporary residence of the person issued with Judicial Record Card No. 01.
Step 2: Submit the application and receive results
An authorized person shall submit a dossier to a competent state agency to request a judicial record certificate No.
Competent state agencies will review the dossier and will issue a power of attorney to make criminal records if the dossier is valid then.
The agency receiving the application to make a power of attorney to make a judicial record
For applicants who are Vietnamese citizens
Submit the application file at the Department of Justice where you permanently reside; submit it at the Department of Justice of the place of temporary residence, for cases where there is no permanent place of residence; file at the Department of Justice of the place of residence before exiting, for cases of residence abroad.
For the applicant who is a foreign citizen residing in Vietnam
Submit the application file at the Department of Justice of the place of residence; For the case of foreigners who have left Vietnam, submit them at the National Center for Judicial Records then.
What documents do I need to make a criminal record?
Clause 1, Article 2, Law on Criminal Records No. 28/2009/QH12 provides a clear definition of a criminal record. Accordingly:
“Judicial record is the criminal record of a person convicted by a sentence; the court’s criminal division has taken legal effect; the status of judgment enforcement and on the prohibition of individuals from holding positions; establishment and management of enterprises or cooperatives in the case of enterprises; The cooperative was declared bankrupt by the Court.”
There are 02 types of criminal record cards; distinct from each other; based on the content shown on that ballot, specifically:
Judicial record card No. 1, issued to individuals, agencies, and organizations; The provisions of Clauses 1 and 3, Article 7 of the 2009 Law on Judicial Records include:
Vietnamese citizens, foreigners already; or currently residing in Vietnam in accordance with the Law on Nationality; has the right to request the issuance of/her criminal record card then.
State agencies, political organizations, and socio-political organizations; have the right to request the issuance of judicial record cards to serve the work; personnel management, business registration, business establishment; or managing a business or cooperative.
Criminal record card No. 2 issued to:
The agency conducting the proceedings has the right to request; issue judicial record cards to serve professional work: investigation, prosecution, and trial then.
Issued to the individual upon request to that person; Know the contents of your criminal record then.
Where is the criminal record made?
Pursuant to the provisions of Articles 45 and 46 of the Law on Judicial Records 2009 so;
Agencies carrying out procedures for issuance of judicial record cards prescribed as follows: Firstly, for the case of issuance of judicial record cards No. 1:
- Firstly, The Department of Justice of the place of permanent residence shall issue judicial record cards to Vietnamese citizens;
- Secondly, The Department of Justice of the place of temporary residence shall issue judicial record cards; for Vietnamese citizens who do not have a permanent place of residence;
- Thirdly, The Department of Justice of the place of residence before leaving the country shall issue a criminal record card; for Vietnamese citizens residing abroad;
- And The Judiciary of the place of residence shall issue a judicial record card; for foreigners residing in Vietnam;
- Finally, The National Center for Judicial Records shall issue judicial record cards; for foreigners who have left Vietnam.
Secondly, for the case of issuance of judicial record card No. 2:
Department of Justice where the person issued with the judicial record card permanently resides; or temporary residence to issue judicial record cards; at the request of the procedure-conducting agency then.
The National Center for Judicial Records shall issue judicial record cards; for the person issued with a judicial record card whose permanent residence is unknown; place of temporary residence or a foreigner who has resided in Vietnam, at the request of the procedure-conducting agency then;
When an individual requests a criminal record card No. 2; the agency carries out the procedures for the issuance of judicial record cards; Similar to the case of issuance of the criminal record card No. 1 then.
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Related questions
Accordingly to the provisions of Clause 1, Article 2 of the Law on Judicial Records 2009, a judicial record is construed as follows: “Judicial record is a record of the criminal record of a person convicted by a criminal judgment or decision of a court that has taken legal effect, the status of judgment execution and the prohibition of an individual from holding certain posts, establish and manage enterprises or cooperatives in cases where the enterprises or cooperatives are declared bankrupt by the Court then.
Accordingly to regulations, no more than 10 working days from the date of receipt of valid dossiers; In case an individual has resided in many places or spent time abroad, or is a foreigner, the time limit shall not exceed 20 working days.
Accordingly, to the current law, there is no specific time limit for criminal record cards. But there is no provision that criminal record cards are valid indefinitely. Therefore, in fact, it is necessary to base on specialized documents, on the purpose, nature, and field of state management to consider the issue of time limit for judicial record cards in specific procedures. to suit.
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