JUDICIAL RECORD APPLICATION PROCEDURE
According to the Law on Judicial Records 2009, the judicial record is the record of the criminal conviction of the person convicted by selling a criminal decision of the Court that has taken legal effect. To prove yourself without judicial records, criminal records, and so on, a judicial record card is indispensable. A judicial record card is considered as a card issued by the judicial database management agency which proves whether or not an individual has a judicial record. However, many people still do not understand the criminal record as well as the procedure for applying for criminal record certificates. Hereby, Doanh Tri Law Firm would like to bring to customers the procedure to apply for a Judicial record in Vietnam.
I. Legal basis
- Law on Judicial Records 2009;
- Decree 111/2010/ND-CP detailing and guiding the implementation of numerous articles of the Law on Judicial Records;
- Circular 244/2016/TT-BTC regulating the rate, regime of collection, management, and use of fees for providing criminal record information.
II. Authority to issue judicial record cards
Authority to issue judicial record cards is prescribed as follows:
The National Center for Judicial Records shall issue judicial record cards in the following cases:
- A Vietnamese citizen who cannot identify his or her permanent place of residence or temporary residence;
- Foreigners already residing in Vietnam.
Departments of Justice shall issue judicial record cards in the following cases:
- Vietnamese citizen permanently residing or residing in the country;
- Vietnamese citizen residing in a foreign country;
- Foreigners who are residing in Vietnam.
III. Procedures for applying for judicial records
Currently, according to the Law on Judicial Records, judicial record cards are divided into two categories:
- Judicial record cards for individuals and organizations include:
+ Vietnamese citizens and foreigners who have been or are residing in Vietnam request for their judicial record cards;
+ State agencies, political organizations, socio-political organizations request for issuance of judicial record cards to serve the work of personnel management, business registration activities, enterprise establishment and management, Cooperative.
+ Judicial record cards to procedural agencies requesting judicial record cards for investigation, prosecution, adjudication, and upon request of individuals so that such persons know about the content of his criminal record
- Judicial record card for individuals and organizations
Step 1: Prepare required documents
Requesters for criminal record certificates prepare judicial record dossiers as follows:
- Request for issuance of criminal record certificates;
- A copy of the identity card or passport of the person issued with the criminal record card;
- A copy of the household registration book or certificate of permanent or temporary residence of the person issued with a criminal record certificate.
Step 2: Submit the application
- The Vietnamese citizen submits the application to the Department of Justice of his or her permanent residence in cases where there is no permanent residence, it shall be submitted to the Department of Justice of the temporary place of residence; in case of residing overseas, they shall submit them to the Department of Justice of the place of residence before leaving the country;
- Foreigners residing in Vietnam shall submit them to the Department of Justice of their place of residence; in case of leaving Vietnam, it shall be submitted to the National Center for Judicial Records;
- State agencies, political organizations, socio-political organizations that request to issue judicial record card No. 01 shall send them to the National Center for Judicial Records.
• Note: Individuals can authorize another person to request a criminal record certificate.
Step 3: Get results
After paying the fee for the issuance of criminal record certificates, citizens receive an appointment to issue the vote and come to receive the results according to the time stated in the appointment paper.
Judicial record cards for agencies conducting requested proceedings
Procedure-conducting agencies that request criminal record certificates No. 2 shall send their written requests to the provincial/municipal Justice Services where the persons to be granted judicial record cards permanently or temporarily reside.
If it is impossible to determine the permanent or temporary place of residence of the person issued with a criminal record certificate or the person issued with a judicial record card is a foreigner who has resided in Vietnam, then send a written request to the Center national judicial record.
IV. Time limit for issuance of criminal record certificates
Article 48 of the Law on Judicial Records stipulates that the time limit for the issue of judicial record cards does not exceed 10 days from the date of receiving valid requests.
For Vietnamese citizens who have resided in many places or residing abroad or foreigners, if conditions for criminal record remission must be verified, the time limit shall not exceed 15 days.
In case of emergency for judicial record cards requested by procedural-conducting agencies, the time limit shall not exceed 24 hours from the point of receipt of the request.
V. Fees for issuance of criminal record certificates
The fee for applying for a criminal record according to Article 4 of Circular 244/2016/TT-BTC.
For students, students, people with meritorious services to the revolution, martyrs' relatives, the issuance fee is different.
Cases of exemption from issuing fees:
- People with disabilities;
- Poor households are defined in Decision No. 59/2015/QD-TTg (regulated under Article 6 of Decree 111/2010/ND-CP);
- Residents in communes with extreme difficulty, ethnic minorities in communes with extremely difficult socio-economic conditions, border communes, communes with safety zones as prescribed by law. in Article 6 of Decree 111/2010/ND-CP.
The above information is about the "Judicial record application procedure." For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:
Hotline: (+84) 911.233.955 - (024) 6293 8326
Doanh Tri Law Firm is willingly pleased to accompany our Customers!
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