Procedures of applying for a judicial record

1. Procedures of applying for a judicial record 

Procedures to apply for a judicial record directly are prescribed in Law on Judicial Records 2009. Currently, there are two types of judicial record, which are Judicial Record No.1 and Judicial Record No.2.

a. Procedures of applying for a Judicial Record No. 1

Judicial record No. 1 is a document that serves the purposes of personnel management, business registration, establishment and management of enterprises and cooperatives. On this judicial record, only criminal convictions of the subject have not been erased, not criminal convictions that have already been erased.

Licensing authority:

• Vietnamese citizens submit to 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; in case of residence abroad, it shall be submitted to the Department of Justice of the place of residence before leaving the country.

• Foreigners residing in Vietnam shall submit to the Department of Justice where they reside; if they have left Vietnam, they shall submit them to the National Center for Judicial Records.

Implementation time: The time limit for issuance of judicial record cards shall not exceed 10 days from the date of receipt of a valid request.

Applications include:

• A declaration requesting the issuance of a judicial record card.

• A copy of the identity card or passport of the person issued with a judicial record.

• 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.

Individuals may authorize another person to carry out the procedures for requesting the issuance of a judicial record. The authorization must be made in writing according to the provisions of law; In case the person requesting the issuance of a judicial record is the father, mother, wife, husband or child of the person granted the judicial record, a written authorization is not required.

b. Procedures of applying for a Judicial Record No. 2

Judicial record No. 2 is often used for the purpose of investigation, prosecution and trial.

Licensing authority:

• Department of Justice where the person issued with the judicial record permanently or temporarily resides.

• In case the place of permanent residence or temporary residence of the person who is issued with a judicial record card cannot be identified, or the person who is granted a judicial record is a foreigner who has resided in Vietnam, a written request shall be sent to the National Center for Judicial Records.

Implementation time:

• The time limit for issuance of judicial record cards shall not exceed 10 days from the date of receipt of a valid request.

• In case the person who is issued with a judicial record is a Vietnamese citizen who has resided in many places or has a period of residence abroad or a foreigner who has resided in many provinces and cities in Vietnam, and cases where must verify the natural conditions for criminal record remission, the time limit shall not exceed 15 days.

Applications include:

• A declaration requesting the issuance of a judicial record.

• A copy of the identity card or passport of the person issued with a judicial record.

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

It is not possible to authorize another person to carry out the procedure for requesting the issue of a Judicial Record No. 2.

2. Legal basis

• Judicial Record Law 2009.

Depending on the purpose, individuals and organizations can carry out the procedures to request the issuance of Judicial Record No. 1 or Judicial Record No. 2. Above is the entire order, procedures and documents of Judicial record application that Siglaw would like to introduce to everyone. Through this article, we hope that we have helped understand the procedure of applying for a Judicial Record and generalizes the purpose of the Judicial Record.