According to Clause 1, Article 2, Law on Criminal Records No. 28/2009/QH12 provides a clear definition of criminal record:
“Judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person’s holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.”
II. Types of Judicial record
There are two types of judicial record cards:
– Judicial record card no. 1: issued to individuals, agencies and organizations upon request.
– Judicial record card no. 2: issued to the procedure-conducting agency to serve the investigation, prosecution, trial and and at the request of individuals who want to know their judicial records.
III. Competence to issue judicial record cards
- The National Center for Judicial Records shall issue judicial record cards to the following persons:
a/ Vietnamese citizens whose places of permanent or temporary residence are unidentifiable;
b/ Foreigners who resided in Vietnam.
- Provincial-level Justice Departments shall issue judicial record cards to the following persons:
a/ Vietnamese citizens permanently or temporarily residing in Vietnam;
b/ Vietnamese citizens currently residing overseas;
c/ Foreigners currently residing in Vietnam.
IV. Order of issuance of criminal record card
Step 1: Submit your application at the following competent authorities:
– Vietnamese citizens shall submit their declarations to Department of Justice in localities where they permanently reside. In case they have no place of permanent residence, they shall submit such a declaration to Department of Justice in the locality where the requester temporarily resides. A requester residing overseas shall submit such a declaration to the Department of Justice in the locality where he/she resided before his/her departure
– Foreigners residing in Vietnam shall submit their declarations to provincial-level Justice Departments in localities where they reside. In case they have left Vietnam, their declarations shall be submitted to the National Center for Judicial Records.
– Agencies or organizations send a written request to Department of Justice in localities where persons requested to be issued judicial record cards permanently or temporarily reside. In case it is impossible to identify places of permanent or temporary residence of persons requested to be issued judicial record cards, written requests shall be sent to the National Center for Judicial Records.
Step 2: Get results at the place of application.
V. Profile composition
– A declaration requesting the issuance of a judicial record card (according to the form);
– A photo of the identity card or passport (show the original for comparison);
– A photo of the household registration book or certificate of permanent or temporary residence (show the original for comparison) or a certification of the competent authority of the place of residence.
– Authorization document (if applicable)
– Papers to prove that they are eligible for exemption or reduction of criminal record fees (if applicable)
* Note:
– Individuals may authorize other persons to carry out procedures for requesting the issuance of judicial record cards. The authorization must be established in writing under law. In case a requester for a judicial record card is a parent, spouse or child of the person requested to be issued a judicial record card, no written authorization is required.
– In case individuals who request the issuance of a judicial record card no. 2 may not authorize others to carry out procedures for such request.
– In case the original is not available for comparison, a certified copy shall be submitted as prescribed by law.
VI. Settlement time
– Within 10 days from the date of receiving a valid request.
– In case the person requested for issuance of a criminal record card is a Vietnamese citizen who has resided in many places or has resided abroad for a period of time, a foreigner, in case of having to verify the automatic conditions for criminal record remission, the time limit shall not exceed 15 days.
VII. Fees
According to Circular No. 244/2016/TT-BTC, the fee for issuance of criminal record cards is regulated as follows:
– Normally: 200,000 VND/time/person.
– For students, people with meritorious services to the revolution, relatives of martyrs (including biological fathers, natural mothers, wives (or husbands), children (natural children, adopted children), people who have contributed to raising martyrs): 100,000 VND/time/person.
– In case the requester for issuance of criminal record card requests the superior to issue 02 judicial record cards in one request, from the 3rd card onward, the fee-collecting organization may collect an additional 5,000 VND/card.
– Cases of free provision of criminal record information include: Children; Elderly; People with disabilities; People of poor households and people residing in extremely difficult communes, ethnic minorities in communes with extremely difficult socio-economic conditions, border communes, safe zone communes according to regulations of the laws.
To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Judicial record legal services.
Contact us
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- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.