Today, LSX Lawfirm will give you an article about: “Procedures for issuance of criminal record cards to foreigners in Vietnam”, as follows:
Law on Judicial Records 2009
Circular No. 44/2016/TT-BTC
Circular No. 13/2011/TT-BTP
Circular No. 16/2013/TT-BTP
What is a criminal record card?
Clause 4, Article 2 of the 2009 Law on Judicial Records provides:
“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; prohibited or not prohibited from holding certain positions, establishing or managing enterprises or cooperatives in case the enterprises or cooperatives declared bankrupt by the Court.”
There are two types of criminal record cards:
– So, Criminal record card No. 1, issued to Vietnamese citizens and foreigners who have been or are currently residing in Vietnam; State agencies, political organizations, socio-political organizations.
– Judicial record card No. 2 issued to the procedure-conducting agency and issued at the request of an individual so that he/she knows the contents of his/her criminal record.
Dossier to apply for a criminal record card for foreigners in Vietnam
According to the provisions of Clause 1, Article 45 of the Law on Judicial Records 2009, a dossier of request for a criminal record card shall include:
(1) The application form for a judicial record card, made according to the form
– Form No. 03/2013/TT-LLTP in case an individual requests a criminal record card
– Form No. 04/2013/TT-LLTP in case of authorization to request a criminal record card
(2) A copy of the passport of the person issued with a criminal record card
In case of submitting photocopies, the original presented for comparison. If the original is not available for comparison, a certified copy submitted as prescribed by law
(3) Copy of household registration book or certificate of permanent or temporary residence of the person issued with a criminal record card (from July 1, 2021, no longer needed)
In case the person requesting the issuance of a criminal record card authorizes another person to carry out the procedure, the following additional documents required:
(4) Authorization letter.
The power of attorney notarized or authenticated according to the provisions of Vietnamese law or the law of the country where the person is a citizen or permanent resident.
In case of authorization according to the provisions of the law of the country of which the person is a citizen or permanent resident, the authorization document consular legalized according to the provisions of Vietnamese law and translated into Vietnamese.
In case the authorized person is the father, mother, wife, husband or child of the authorizing person, a written authorization does not require, but must have papers to prove the relationship (birth certificate, marriage registration certificate; household registration, etc.)
(5) Copy of the identity card / citizen identification / passport of the authorized person
Note: In case an individual requests the issuance of a criminal record record card No. 2, he or she may not authorize another person to carry out the procedures for granting a criminal record card.
Procedures for issuance of criminal record cards to foreigners in Vietnam
Step 1: Prepare documents
So, Persons who request the issuance of a criminal record card need to prepare all documents according to the instructions above.
Step 2: Submit your application
So, Foreigners residing in Vietnam shall submit to the Department of Justice where they reside; If they have left Vietnam, they must submit them to the National Center for Judicial Records.
Step 3: Get the result
The applicant comes to receive the results at the place of application.
Time limit for settlement: no more than 10 days from the date of receipt of complete and valid dossiers. In case of having to verify the automatic conditions for criminal record remission, the time limit shall not exceed 15 days.
Fee for providing criminal record information: 200,000 VND/time/person
So, Fees for providing information on judicial records of students, people with meritorious services to the revolution, relatives of martyrs (including biological fathers, natural mothers, wives (or husbands), children (natural children, adopted children), persons with martyrs’ care): 100,000 VND/time/person
– Then, cases that are free include: Children; Elderly; then People with disabilities; from poor households; then People residing in extremely difficult communes, ethnic minorities in communes with extremely difficult socio-economic conditions, border communes, and safe zone communes.
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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