JUDICIAL RECORDS

JUDICIAL RECORDS

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Currently, Criminal Record is no longer a strange phrase, but many people still feel quite confused about this concept. So, what kind of document is this? What is the purpose of its use and what is included in the application file for a criminal record card? All will be answered by EZ in this article.

1. Concepts

According to Clause 1, Article 2 of the 2009 Law on Judicial Records, “Judicial record” means a criminal record of a person convicted by a court's criminal judgment or decision that has taken legal effect, the status of his/her execution. judgments and on banning individuals from holding certain positions, establishing and managing enterprises or cooperatives in case enterprises or cooperatives are declared bankrupt by the Court.

What is a criminal record card?

This is a type of document (vote) issued by the agency managing the criminal record database (the Department of Justice or the National Center for Criminal Records). It provides the following information to prove:

  • A person has or does not have a criminal record, judgment, and sanctioning decisions of the Court.
  • Whether or not they are prohibited from holding certain positions or establishing or managing a company or enterprise in the event that the company or enterprise is declared bankrupt by the Court.

(Clause 4, Article 2 of the Law on Judicial Records 2009).

How long is the application valid for?

The law does not specify how long a resume is valid. The term of the judicial record card is only mentioned in documents of each relevant field of law or depends directly on the decision of the agency or organization that wishes to verify the status of the judicial record. of that individual. Specifically:

  • The application for a work permit is issued within 6 months.
  • Dossier to apply for entry, exit and return to Vietnamese nationality must have a curriculum vitae issued within 90 days.
  • Judicial record cards for adoption abroad are valid for less than 12 months (up to the date of filing at the Department of Adoption).

2. Classification

We can divide criminal record cards into 2 types:

2.1. Criminal record card number 1

This is a ticket issued to the individual or agency or organization concerned by:

  • Requests of Vietnamese citizens, foreigners who have been or are currently residing in Vietnam; or
  • State agencies, political organizations, socio-political organizations in service of human resource management, business registration activities, establishment and management of enterprises and cooperatives.

2.2. Criminal record card number 2

This is a type of ticket issued to the procedure-conducting agency (including the Police, Procuracy and Court) or at the request of an individual so that he/she can understand the contents of his/her personal record.

3. Purpose of the judicial record sheet

In fact, there are many cases where you need to have a criminal record card, for example, when applying for a job, making a practice certificate, etc. In addition, the card is also used in all cases and processes. citizenship procedures.

Currently, there are many recruitment agencies and agencies in the application file that require a  Judicial record card apply for a job make a practicing certificate. In addition, the voucher is also used in all cases and procedures for settling citizenship procedures.

Having a Criminal Record Card, you will know the content of your resume and issue it to state agencies, political organizations, socio-political organizations to serve the management of human resources, activities of business registration, establishment and management of enterprises and cooperatives and making legal records for marriage with foreigners.

Criminal record card No. 1  will be used in the following cases:

  • Apply for a job in Vietnam.
  • Apply for work permits for foreigners, supplement job applications at companies, naturalize or change visas...

Criminal record card number 2 will be used in legal cases.

4. Authority to issue judicial record cards

The National Center for Criminal Records will issue votes to:

  • Vietnamese citizens whose place of residence or temporary residence is unknown.
  • Foreign citizens already living in Vietnam.

The Department of Justice of the place of permanent residence will issue a ticket to:

  • Vietnamese citizens permanently or temporarily residing in the country.
  • Vietnamese citizens residing abroad.
  • Foreign citizens living in Vietnam.

5. What is required to make a criminal record?

When preparing the application for a criminal record card, you need to have the following basic documents:

Towards Vietnam

  • A declaration requesting the issuance of a judicial record card;
  • Copy of ID card, citizen identification card or passport;
  • Copy of household registration book, permanent residence certificate or confirmation of temporary residence. However, from July 1, 2021, this document will not be needed

For foreigners:

  • Passport;
  • Vietnam Visa;
  • Copy of temporary residence card.

Note: The time limit for issuance of a criminal record card is  no more than 10 days from the date of receipt of a valid request. In case of urgent urgent need of judicial record card No. 2 to the procedure-conducting agency, the time limit shall not exceed 24 hours.

6. Procedures for applying for a criminal record card

An individual may authorize another person to make a criminal record, but this authorization must be made in writing according to the provisions of law. In case the person requesting the issuance of a criminal record card is the father, mother, wife, husband or child of the person granted the criminal record card, a written authorization is not required.

Depending on each case, you willapply for criminal record cards at different locations. Specifically:

  • Vietnamese citizens submit dossiers at the Department of Justice where they permanently reside. If you do not have a permanent place of residence, you must submit it to the Department of Justice where you temporarily reside. In case of residing abroad, the application shall be submitted to the Department of Justice of the place of residence before leaving the country.
  • Foreigners residing in Vietnam shall submit dossiers at the Department of Justice of the place of residence. If you have left Vietnam, you must submit it to the National Center for Judicial Records.

In case a State agency, political organization or socio-political organization requests to issue a judicial record card No. 01 for the purpose of serving human resource management and business registration activities, If the grantee establishes and manages an enterprise or cooperative, a written request shall be sent to the Department of Justice - where the grantee permanently or temporarily resides. If the place of permanent or temporary residence of the grantee cannot be determined, it shall be sent to the National Center for Criminal Records.

7. Service to support the application for a criminal record card

In fact, EZ found that many people had difficulty in self-procurement of criminal record cards such as:

  • Cannot be at the Department of Justice.
  • Not sure about the procedure.
  • There is not much time to prepare documents.
  • Having problems with temporary residence.
  • Have submitted the application but do not have time to receive the results or need to get it urgently.

However, you do not need to worry too much because our EZ Investment and Consulting Company can support you in the field of criminal recordservices. Coming to  EZ you will get:

  • Advice and guidance on a case-by-case basis.
  • On behalf of the client to submit the procedures.
  • Handling difficult cases, which need to be done quickly, prestigiously and economically.
  • One-time quotation commitment, no unreasonable costs.

If you have any questions regarding Criminal Records, do not hesitate to call immediately at 0869 907 519 | 0867 439 725 for direct advice and support from EZ!