Today, LSX Lawfirm will give you an article about: “Steps to make a criminal record in Vietnam”, as follows:
Law on Judicial Records 2009
What is a criminal record?
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?
Judicial record card a ticket issued by a judicial record database management agency 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?
According to 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 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.
Steps to make a criminal record in Vietnam
Step 1: Prepare documents
Prepare 01 complete set of documents as instructed above (Contact Chengdu Law to receive the latest application form)
Step 2: Submit your application
Case of making a criminal record at the National Center for Criminal Records:
So, submit your application at the National Center for Criminal Records. Address: No. 9 Tran Vi, Mai Dich, Cau Giay, Hanoi
Then, case of making a criminal record at the Department of Justice:
– Vietnamese citizens submit dossiers of criminal record to the Department of Justice where they permanently reside;
- So, if the person does not have a place of permanent residence, the application submitted to the Department of Justice where he or she temporarily resides.
- In case a Vietnamese citizen resides abroad, he/she shall submit it to the Department of Justice of the place of residence before leaving the country.
– Foreigners residing in Vietnam shall submit documents at the Department of Justice where they reside.
Step 3: Competent authority to handle the application
So, within 15 days from the date of receipt of valid dossiers for the case of criminal record at the National Center for Judicial Records.
Accordingly, within 10 days from the date of receipt of a valid request, for the case of making a criminal record back to the Department of Justice
Competent agencies will process the application, evaluate and verify the conditions of the applicant for a criminal record card.
Note: In case the person requested for issuance of a criminal record card is a Vietnamese citizen who has resided in many places or has a period of residence abroad, a foreigner, the case must be verified for natural conditions. If the criminal record expunged, the time limit shall not exceed 15 days.
Step 4: Return the result
So, the person doing the criminal record will receive the results at the place of application and pay the fee for providing criminal record information as prescribed.
Contents of criminal record card
Contents of criminal record card No. 1
So, criminal record record card No. 1 has information including: Full name, gender, date of birth and place of birth, nationality, place of residence, number of people’s identity card or passport of the person issued with a private record card France.
Information about criminal status:
– Write “No criminal record”: For the person who has not convicte, the person who has been convicted but whose criminal record expunged; amnesty.
– Write “No criminal record while residing in Vietnam”: In case a foreigner has resided in Vietnam, write
– The, write “Having criminal record” and clearly write the contents of the judgment in the boxes and columns of the judicial record card for the person who has been convicted; but not yet eligible for criminal record remission.
Information on prohibition from holding certain positions and cooperative enterprises:
– So, write “Not prohibited from holding certain positions; establishing or managing enterprises or cooperatives” for the person issued with a criminal record card who is not banned.
– So, enter the positions prohibited from holding, establishing or managing enterprises or cooperatives for the respective banned cardholders.
Note: In case an individual, agency or organization applying for a judicial record card No. 1 does not require confirmation of the content of the ban on holding certain positions, establishing and managing enterprises or cooperatives; the section ” Information on prohibition from holding certain positions; establishing and managing enterprises and cooperatives” is not recorded in the judicial record card No. 1.
Contents of criminal record card No. 2
So, full name, gender, date of birth and place of birth, nationality, place of residence; number of identity card or passport, Full name of father, mother, wife and husband France.
Information about criminal status:
– Write “no criminal record” in case of not being convicted
– So, fill in all the criminal records that have been expunged: For the person; then who has been convicted (Attach the time of criminal record remission; so the criminal record that has not expunge; then the date of pronouncement, the number of the judgment, the court that has pronounced the sentence; crime, applicable provisions of law; principal penalties; additional penalties, civil obligations in criminal judgments, court fees, enforcement status.
(In case the person convicted by different sentences, the criminal record information recorded in chronological order.)
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.