Who shall be issued with judicial record card No. 1 in Vietnam? What are contents of judicial record card No. 1 in Vietnam?

Who shall be issued with judicial record card No. 1 in Vietnam?

Pursuant to Article 41 of the Law on Judicial Record in 2009 stipulating judicial record cards in Vietnam as follows:

1. Judicial record cards include:

a/ Judicial record card No. 1, which shall be issued to individuals, agencies and organizations specified in Clauses 1 and 3. Article 7 of this Law;

b/ Judicial record card No. 2, which shall be issued to procedure-conducting agencies specified in Clause 2, Article 7 of this Law and at the request of individuals who want to know their judicial records.

2. The Minister of Justice shall set forms of judicial record cards.

Pursuant to Article 7 of the Law on Judicial Record in 2009 stipulating right to request the issuance of judicial record cards in Vietnam as follows:

1. Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.

2. Procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.

3. State agencies, political organizations and socio-political organizations may request the issuance of judicial record cards to serve the personnel management, business registration, establishment and management of enterprises or cooperatives.

As regulations above, judicial record card No. 1 shall be issued to Vietnamese citizens, foreigners who resided or are currently residing in Vietnam, State agencies, political organizations and socio-political organizations.

What are contents of judicial record card No. 1 in Vietnam?

Pursuant to Article 42 of the Law on Judicial Record in 2009 stipulating contents of judicial record card No. 1 in Vietnam as follows:

1. Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of the person to whom the judicial record card is issued.

2. Previous criminal conviction:

a/ For an unconvicted person, the words "no previous criminal conviction" shall be written. For a convict who has insufficient conditions for remission of his/her previous criminal convictions, the words "with a previous criminal conviction." the committed crime, principal and additional penalties shall be written;

b/ For a person whose previous criminal conviction has been remitted and for whom information on remission of previous criminal conviction has been updated in his/her judicial records, the words "no previous criminal conviction" shall be written;

c/ For a person eligible for amnesty and for whom information on amnesty has been updated in his/her judicial record, the words "no previous criminal conviction" shall be written.

3. Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:

a/ For a person not banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, the words "not banned from holding certain posts, establishing or managing enterprises or cooperatives" shall be written;

b/ For a person banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, posts subject to the ban and the duration of the ban on establishment or management of enterprises or cooperatives" shall be written.

In case individuals, agencies or organizations make no request, details specified in this Clause will not be written in judicial record cards.

As regulations above, contents of judicial record card No. 1 in Vietnam are full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport, previous criminal conviction of the person to whom the judicial record card is issued. There are also information about on the ban on holding of certain posts or establishment or management of enterprises or cooperatives.

What are procedures for requesting the issuance of judicial record card No. 1 in Vietnam?

Pursuant to Article 45 of the Law on Judicial Record in 2009 (amende by Clause 4 Article 37 of the Law on Residence in 2020) stipulating procedures for requesting the issuance of judicial record card No. 1 in Vietnam as follows:

1. A requester for a judicial record card shall submit a declaration requesting the issuance thereof enclosed with the following papers: A copy of the identity card or passport of the person requested to be issued a judicial record card;

2. Individuals shall submit declarations requesting the issuance of judicial record cards and enclosed papers to the following agencies:

a/ Vietnamese citizens shall submit their declarations to provincial-level Justice Departments in localities where they permanently reside. In case they have no place of permanent residence, they shall submit such a declaration to the provincial-level Justice Department in the locality where the requester temporarily resides. A requester residing overseas shall submit such a declaration to the provincial-level Justice Department in the locality where he/she resided before his/her departure;

b/ 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.

3. 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.

4. When requesting the issuance of judicial record cards, agencies and organizations specified in Clause 3, Article 7 of this Article shall send written requests to provincial-level Justice Departments 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. A written request must clearly indicate the address of the requesting agency or organization, the purpose of use of the judicial record card and information on the person requested to be issued a judicial record card under Clause 1, Article 42 of this Law.

5. The Minister of Justice shall set the form of declaration requesting the issuance of judicial record cards.

Above are procedures for requesting the issuance of judicial record card No. 1 in Vietnam.

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