Making a criminal record is a topic that many people interested in today. Stemming from the need to use a criminal record card: Proving that an individual has no criminal record, does not ban from holding certain positions, records the criminal record erasure, supports businesses in personnel management , support legal activities… In order to create conditions for individuals and organizations interested and need to make a criminal record, LSX Lawfirm introduces the article: “What documents do you need to prepare for a criminal record in Vietnam?” according to the new regulations applied from July 1, 2021.
Law on Judicial Records 2009
What is a criminal record?
Judicial record as prescribed by law is the criminal 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 that is 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
This voucher is 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 is 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.
What documents do you need to prepare for a criminal record in Vietnam?
To make a judicial record, it is necessary to prepare a complete set of documents including the following documents:
The case of making a criminal record at the National Center for Criminal Records
(1) A declaration requesting the issuance of a criminal record card (declaration made according to the form: Form No. 03/2013/TT-LLTP in case of self-declaration, Form No. 04 in case of authorization to make a criminal record)
(2) A copy of the Vietnamese citizen’s identity card or citizen identification card or passport without identification of the place of permanent residence or temporary residence (for those whose permanent or temporary residence cannot determine). )
(3) Copy of Passport of foreigners who have resided in Vietnam (For foreigners already residing in Vietnam)
(4) Authorization document in case of authorizing another person to issue a criminal record card number 1 (The person making a criminal record card number 2 does not authorize to authorize another person to carry out the procedures for requesting the issuance of a criminal record card).
The case of making a criminal record at the Department of Justice
Profile components include:
(1) So, the application form for the issuance of a criminal record card (made according to the form)
(2) So, photocopy of ID card/CCCD/Passport of the person issued with a criminal record card
(So, in case of submitting a photocopy, the original presented for comparison. If the original does not available for comparison, a certified copy submitted)
(3) Power of attorney in case of authorizing another person to carry out the procedures for requesting the issuance of a judicial record card No. 1 (So, the power of attorney notarized and authenticated according to the provisions of Vietnamese law).
Note: In case of making a judicial record card No. 1 with an authorized person being the father, mother, wife, husband or child of the authorizing person, a written authorization does not require. Making criminal record card No. 2 does not authorize.
(4) Then if the fee exempted or reduced, it is necessary to present documents proving the exemption or reduction of the criminal record fee.
Note: For documents No. (2) and No. (3): In case of submission of photocopies, present the original for comparison. If the original is not available for comparison, a certified copy submitted.
For foreigners already residing in Vietnam, passports stamped by the immigration control unit of Vietnam.
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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