Today, LSX Lawfirm will give you an article about: “Refuse to issue a criminal record card 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?
So, Judicial record as prescribed by law 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 declared bankrupt by the Court. (according to the Court’s decision declaring bankruptcy).
What is a criminal record card?
So, Judicial record card is a ticket issued by a judicial record database management agency that 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.
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
So, this voucher issued to Vietnamese citizens and foreigners who have been or 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.
Refuse to issue a criminal record card in Vietnam
The judicial record database management agency has the right to refuse to issue a judicial record card in the following cases:
- The issue of judicial record cards is not within the competence;
- The person who requests the issuance of a criminal record card to another person without the lawful authorization of the person who granted a criminal record card;
- Papers attached to the application form for a judicial record card are incomplete or forged.
- In case of refusal to issue a judicial record card; the issuing authority shall notify the issuer in writing, clearly stating the reason for the refusal.
Time limit for issuance of judicial record cards
Accordingly, Competent agencies must issue judicial record cards at the request of individuals; or authorized recipients within 10 days from the date of receipt of valid dossiers.
In case the person who issued a judicial record card is a Vietnamese citizen who has resided in many places; or has resided abroad for a period of time; a foreigner; or the case verified on the automatic conditions for criminal record remission; the time limit for issuance of judicial record cards extended but must not exceed 15 days.
Fee for issuance of criminal record card
– The fee for issuance of a criminal record card is 200,000 VND/time/person;
Particularly for cases where the applicant for a judicial record card is a student; a person with meritorious services to the revolution, then a relative of a martyr (including biological father, natural mother, wife (or husband), child (natural child); adopted children), people who have contributed to raising martyrs), the fee for issuance of a criminal record card is 100,000 VND/time/person).
– In case the requester for issuance of criminal record card requests to issue 02 criminal record cards in one request; from the 3rd card onward, the fee-collecting organization may collect an additional 5,000 VND/card to cover the expenses. Fees required for the printing of the criminal record card form.
– Currently, so the law stipulates a number of subjects eligible for exemption from payment of judicial record card fees, including:
- So, Elderly people;
- So, People with disabilities;
- People belonging to poor households;
- Then 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.