Criminal record or
judicial record is a record of criminal convictions of convicted persons with
criminal judgments and decisions of courts which have taken legal effect,
judgment execution status and ban on individuals to hold positions or setting up company in Vietnam,
or managing enterprises and cooperatives in Vietnam in cases where enterprises
or cooperatives are declared bankrupt by Courts.
The competent state
authority will grant individuals a criminal or judicial record card, which is
issued by the department of justice or data center of judicial records to
provide information whether or not an individual has any criminal record;
prohibited or not prohibited from holding the position, establishing company
inVietnam, managing enterprises
and cooperatives in Vietnam in case the enterprise or cooperative is declared
bankrupt. Within the enterprise, judicial record cards will support human resource
management, business registration, establishment, management of enterprises,
cooperatives … Besides, many government agencies and organizations requesting
individuals to provide judicial record cards for some necessary activities i.e.
criminal record requirement for employment, criminal record for work permit
application, criminal record for immigration purposes. According to Clause 1,
Article 44, Law on Judicial Records 2009, there are two types of
judicial record cards, including:
– Judicial record card
No. 1 issued to Vietnamese citizens, foreigners who have or are residing in
Vietnam to serve the purpose of human resource management, business
registration, establishment, management of enterprises and cooperatives.
– Judicial record card
No. 2 issued to Vietnamese citizen or foreigners whom have or are residing in
Vietnam to serve the purpose of immigration, or others.
Depending on the purpose
of using judicial record cards, individuals, agencies and organizations request
the issuance of judicial record cards No. 1 or No. 2.
Pursuant to the Law on
Judicial Records in 2009, Decree 111/2010 / ND-CP guiding the implementation of
the Law on Judicial Records, the time limit for judicial record cards of
Vietnam so far has not been clearly defined. Criminal record card’s time limit
depend on the provisions in the documents of each relevant legal field and
depending on the decision of the agency or organization that need to verify the
status of judicial record of this individual.
As Articles 20, 24 and
28 of the Nationality Law of 2008, amended and supplemented in 2017, the
application for admission, renunciation and return to Vietnamese nationality
must have a judicial record card issued within no more than 90 days. For visa
applications (VISA) at the US Embassy or the US Consulate General, the
individual must have a judicial record card issued within 1 year for
immigration verification.
Therefore, when
individuals are required to provide judicial record cards at agencies and
organizations, they must consider the regulations on the time limit that such
agencies allow for judicial record cards. It is not contrary to the Law on
Judicial Records in 2009, because the Law does not clearly stipulate the legal
effect on two judicial record cards No. 1 and 2, as well as there are no
regulations limiting the agencies and organizations to set the time limit for
the criminal record cards in
Vietnam.
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