Today, LSX Lawfirm will give you an article about: “Procedures for applying for a criminal record card No. 1 in Vietnam”, as follows:
Law on Judicial Records 2009
Decree No. 111/2010/ND-CP
Circular No. 244/2016/TT-BTC
Circular No. 13/2011/TT-BTC
Circular No. 16/2013/TT-BTC
What is a criminal record?
Judicial record as prescribed by law is the criminal record record of a person convicted by a judgment; the court’s criminal decision has taken legal effect; the status of judgment enforcement and the prohibition of individuals from holding certain positions, establishing enterprises; managing enterprises, establishing cooperatives; managing cooperatives; when enterprises or cooperatives are declared bankrupt by the Court. (according to the Court’s decision declaring bankruptcy).
What is a criminal record card?
Judicial record card is a ticket issued by a judicial record database management agency that is valid to prove that an individual has; or then does not have a criminal record; then banned or not banned from holding certain positions; establishing or managing enterprises; or cooperatives in cases where the enterprises; or cooperatives are declared bankrupt by the Court.
How many types of judicial record cards are there?
Accordingly, the Law on Judicial Records, currently in Vietnam there are two types of criminal record cards, including:
Criminal record card number 1
Accordingly, this voucher is issued to Vietnamese citizens and foreigners are currently residing in Vietnam upon their request.
Criminal record card No. 1 also issued to State agencies; political organizations; socio-political organizations to serve the management of personnel, business registration, establishment and management enterprises and cooperatives when required by these organizations.
Criminal record card number 2
So, Judicial record card number 2 issued to the procedure-conducting agency; which has the right to request the issuance of a judicial record card to serve investigation; prosecution and trial work upon request.
Subjects carrying out administrative procedures
- Then, 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.
- So, State agencies, political organizations; socio-political organizations that need to issue judicial record cards to individuals to serve the management of personnel; business registration; establishment and management enterprises, cooperatives.
- So, National Center for Judicial Records.
- Department of Justice.
Procedures for applying for a criminal record card No. 1 in Vietnam
Dossier to apply for a criminal record card
- The declaration requesting the issuance of a criminal record card is applicable to the individual requesting the issue of the certificate (Form issued together with Circular No. 16/2013/TT-BTP, in which: Form No. 03/2013/TT-LLTP applies). Application for individuals who directly carry out the procedures; Form No. 04/2013/TT-LLTP applies to cases of authorization and individuals so who are parents of minors requesting the issue of a curriculum vitae); or documents; a written request for issuance of a judicial record card; applicable to state agencies, political organizations, and socio-political organizations (Form No. 05a/2013/TT-LLTP);
- So, a photocopy of the identity card or passport of the person issued with the judicial record card;
- A copy of the household registration book or certificate of permanent or temporary residence of the person; who issued with a judicial record card.
- In case an individual authorizes another person to carry out the procedure for requesting the issuance of a judicial record card, the person performing the procedure; must additionally submit a written authorization as prescribed by law.
(Note: 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 criminal record card; a written authorization does not require).
Quantity: 02 sets
How to apply
So, the individual requesting the issuance of a criminal record card; or an individual authorized to carry out this procedure shall submit the application directly at the application-receiving agency.
Agencies receiving dossiers
– In case of requesting the issuance of a judicial record card to a Vietnamese citizen; the person carrying out the procedures shall submit the application at the Department of Justice where the grantee permanently resides; if there is no permanent place of residence; it submitted to the Department of Justice where the grantee temporarily resides; If the grantee resides abroad; he/she shall submit it to the Department of Justice where the grantee resides before leaving the country.
– In case the place of permanent residence or temporary residence of the person; who then issued with the Certificate cannot determine, the person carrying out the procedures shall submit the application to the National Center for Judicial Records.
– Finally, request the issuance of a criminal record card to a foreigner residing in Vietnam; the person carrying out the procedures shall submit the application at the Department of Justice where the grantee resides; In case the grantee has left Vietnam, he/she shall submit it to the National Center for Judicial Records.
Authority to issue judicial record cards
The National Center for Judicial Records is competent to issue Judicial Records Cards in the following cases:
- Vietnamese citizens whose place of permanent or temporary residence cannot determine;
- Foreigners already residing in Vietnam.
The Department of Justice has the authority to issue judicial record cards in the following cases:
- Vietnamese citizens permanently or temporarily residing in the country;
- Then Vietnamese citizens residing abroad;
- Foreigners residing in Vietnam.
– So, the director of the National Center for Judicial Records; then the Director of the Department of Justice; or the person authorized to sign the criminal record card; and take responsibility for the content of the criminal record card.
In case of necessity, the National Center for Judicial Records and the Department of Justice is responsible for verifying the automatic conditions for criminal record remission; when issuing a criminal record card.
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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