The latest guide to making criminal records in Vietnam

Criminal record is to prove that you have a criminal record or not? Is it prohibited or not to be banned from holding certain positions, managing enterprises or cooperatives? Criminal record is a document that can prove those things and specifically how? Is the procedure for making a criminal record complicated? Follow Tnhelearning.edu.vn to answer all your questions!

What is a criminal record? How many types?

A criminal record is a document used to prove that you have a criminal record or not. These convictions have the effect of prohibiting individuals from holding positions, establishing or managing enterprises or cooperatives in case the enterprise or cooperative is declared bankrupt by the Court (According to the interpretation of Law on Judicial Records 2009).

A criminal record is a document used to prove that you have a criminal record or not

There are 2 types of judicial record cards, clearly distinguished from each other based on the content shown on that form, specifically:

• Judicial record card No. 1: A record of criminal records that have not been erased and not recorded criminal records that have been cleared; Information on prohibition from holding certain positions, establishment and management of enterprises and cooperatives shall only be recorded in the judicial record card No. 1 when requested by individuals, state agencies and organizations.
• Criminal record card No. 2: Full record of criminal convictions, including those that have not been cleared and deleted, information on prohibition from holding certain positions, establishment and management of enterprises and cooperatives .

According to the current criminal record law, there are two types of criminal records granted to different subjects:

• The number 1 judicial record card issued to individuals, agencies and organizations includes:

– State agencies, political organizations, request the provision of judicial record cards to serve the management of personnel, business management activities, business registration, cooperatives.

– Vietnamese citizens and foreigners currently residing in Vietnam request the issuance of their criminal record cards.

Criminal record card number 1 and criminal record card number 2

• Judicial record card No. 2 shall be issued to the procedure-conducting agency that requests the issuance of a judicial record card to serve the investigation, prosecution, trial and at the request of an individual so that such person knows. content of their criminal record.

See also: Find out the time to receive the chip-based citizen ID card

Procedures for requesting the issuance of Criminal Record Certificate No. 1

Criminal record card number 1

Step 1Prepare profile

The person requesting the issuance of a judicial record card shall submit a declaration requesting the issuance of a judicial record card and attach the following papers:

• A copy of the identity card or passport of the person issued with a judicial record card;
• A copy of the household registration book or certificate of permanent or temporary residence of the person who is issued with a judicial record card.

Step 2Submit

Vietnamese citizens file at the Department of Justice where they permanently reside ; if there is no permanent place of residence, it shall be submitted to the Department of Justice of the place of temporary residence; submit at the Department of Justice of the place of residence before exiting, for schools residing abroad ;

Dossier submitted at the Department of Justice of the place of residence for foreigners residing in Vietnam; if they have left Vietnam, they shall submit them to the National Center for Judicial Records .

Procedures for requesting the issuance of criminal record card No. 2

Procedures for issuance of Judicial Record Card No. 2 to the procedural agency

The procedure-conducting agency that requests a judicial record card must send a request to the Department of Justice in the place where the individual registers his or her permanent or temporary residence address:

• For those who cannot determine their permanent or temporary residence addresses, they must send a written request to the National Center for Judicial Records . The written request should clearly state information about that individual in accordance with the provisions of the Law on Criminal Records.
• For urgent cases, it can be considered and resolved when the person competent to request a criminal record card by phone, gmail, fax or other means has supplemented the written request within 2 working days. Later.

Criminal record card number 2

Procedures for issuance of Criminal Record Certificate No. 2 to individuals

Step 1Prepare profile

The person requesting the issuance of a judicial record card shall submit:

• A declaration requesting the issuance of a judicial record card.
• Photocopy of ID card/Citizen identity card or passport of the person who is issued with a criminal record card.
• Photocopy of household registration book or certificate of permanent/temporary residence of the person who is issued with a judicial record card. (From July 1, 2021, no household registration book or certificate of permanent or temporary residence is required).

Step 2Submit

For Vietnamese citizens , the dossier shall be submitted at the Department of Justice where the permanent or temporary residence address is registered; if currently residing in foreign countries, it shall be submitted at the Department of Justice of the place of residence before leaving the country.

For foreigners currently residing in Vietnam, they must submit them to the Department of Justice where they reside , if they have left Vietnam, they shall submit them to the National Center for Judicial Records.

Note: Individuals can authorize another person to carry out the procedures for requesting a criminal record card. The authorization needs to be in writing in accordance with the provisions of law, except for the case where the father, mother or wife, husband or children of the individual applying for the grant, this authorization is not required.

Step 3Get results

After paying the fee for the issuance of a criminal record card, the citizen will receive an appointment letter for issuance of the certificate and come to receive the results according to the time stated in the appointment letter.

Simple online criminal record making procedure

Step 1 Access to Online Criminal Record Certificate Registration Service Portal: Here .

Access to Online Criminal Record Certificate Registration Service Portal

Step 2 Next, you choose the correct “Subject to apply for a criminal record” and then select “Permanent or temporary residence” and click the arrow button on the right .

Select the correct “Subject to apply for a criminal record” and then select “Permanent or temporary residence”

Step 3 Click “Enter declaration” to fill in basic information about yourself, information about parents, spouse, residence process information and some other information.

Click “Enter declaration”

Step 4 In the “Attachments” section, you click on the “Print declaration/PRINT” button to download the declaration requesting the ticket to your computer, then click “Select File” to upload the declaration.

Download the application form to your computer, then click “Choose File” to upload the declaration

Step 5 In the “Receiving service” section, you can choose to submit your application at home (by post) and receive the results at home (by post) or submit your application and receive the results of the criminal record in person. at the judiciary.

Then you click on “I hereby certify that the above statements are true and responsible for my statements and registered services.” then click “Continue/NEXT” .

Section “Document receiving service”

Step 6 You are redirected to the declaration form review interface, enter the confirmation code and then click “Continue/NEXT” .

You enter the confirmation code and then click “Continue/NEXT”

Step 7 You will receive a registration code , to provide to the reception department when submitting your application, to receive an appointment to return results as well as to look up criminal records online.

You will receive 1 registration code

Step 8 After you have registered your criminal record online, you need to prepare the following documents, to submit within 5 days from the time of online registration to the criminal record issuing unit of your choice, including:

• Notarized copy of household registration book (or certificate of permanent or temporary residence);
• Notarized copy of identity card (or passport),
• Registration form for receiving judicial record results by postal service if selected (Form No. 01/2014/LLTP);
• Criminal record online registration number is issued;
• The printed declaration;
• 02 photos
• Criminal record issuance fee as well as delivery fee (if any)

Depending on your registration choice in step 5, the post office staff will come to your house to get the file or you take the file directly to the post office to transfer to the judicial agency.

Some questions about the procedure for making criminal records

Authority to issue judicial record cards

The National Center for Judicial Records shall issue judicial record cards in the following cases:

• Vietnamese citizens cannot determine their permanent or temporary residence.
• Foreigners already residing in Vietnam.

Authority to issue judicial record cards

The Department of Justice shall issue judicial record cards in the following cases:

• Vietnamese citizens currently residing abroad.

• Foreigners residing in Vietnam.

• Vietnamese citizens permanently or temporarily residing in the country.

Time limit for requesting a judicial record card

According to Article 48 of the Law on Judicial Records, the time limit for issuance of a criminal record card shall not exceed 10 days from the date of receipt of the request. If the person who is granted a judicial record card is a Vietnamese citizen who has resided in many places or has resided abroad for a period of time, in case of verification of the automatic conditions for criminal record remission, the time limit shall not exceed 15 years. day.

In case of urgent need for judicial record card No. 2 to the procedure-conducting agency, the time limit shall not exceed 2 days from the date of receipt of a valid request.

Time limit for requesting a judicial record card

Fee for issuance of criminal record card

This content is included in the decision 2244/QD-BTP on announcing administrative procedures for amendments and supplements in the field of judicial records under the management function of the Ministry of Justice.

• Fee for providing criminal record information: 200,000/person.
• Fees for providing information on criminal records of students, people with meritorious services to the revolution, relatives of martyrs (including biological fathers, biological mothers, spouses), children (natural children, adopted children), people with meritorious services nursing martyrs): 100,000/person.

Fee for issuance of criminal record card

Cases in which a free criminal record card is issued include:

• Children (according to the Law on Protection, Care and Education of Children)

• Elderly people (as prescribed in the Law on Elderly).

• People with disabilities (as prescribed in the Law on People with Disabilities).

People from poor households (according to the provisions of Decision No. 59/2015/QD-TTg dated November 19, 2015 of the Prime Minister on the promulgation of the multi-dimensional approach poverty line for the 2016-2020 period).

People residing in extremely difficult communes, ethnic minorities in communes with extremely difficult socio-economic conditions, border communes, and safe zone communes as prescribed by law.

How long is a criminal record card valid?

Currently, the 2009 Law on Criminal Records or its guiding documents do not have any provisions on the time limit for criminal records.

Also, depending on the nature and field, the term of the judicial record is specified differently in the documents.

Judicial record card deadline

Such as:

• To apply for a work permit for foreigners , they are required to apply for a criminal record card and the Department of Labor – Invalids and Social Affairs only receives criminal record cards with a validity of 6 months from the date of application. profile.

• Therefore, when preparing the corresponding file with criminal record requirements, you need to learn about the criminal record deadline to prepare properly.

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