Currently, many recruiting companies require applicants to submit a Judicial Record along with the application form. So, what is a judicial record and how to get it?
WHAT IS A JUDICIAL RECORD?
According to Article 2 of the Law on Judicial Records, “Judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person’s holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.” Thus, a judicial record card is issued by an agency managing the judicial record database and valid to prove whether or not an individual has a previous criminal conviction, is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court. When applying for a judicial record card, it should be noted that there are two types of judicial record cards:
- Type 1: granted to individuals, agencies and organizations upon request.
- Type 2: granted to procedure-conducting agencies for the purposes of investigation, prosecution and adjudication and granted at the request of individuals so that they may know the contents of their judicial records.
Jurisdiction to issue judicial record cards: Depending on the case and purpose of applying for a judicial record card, individuals and organizations go to different authorities.
- The National Center for Judicial Records shall issue judicial record cards to the following persons:
+ Vietnamese citizens whose places of permanent or temporary residence are unidentifiable;
+ Foreigners who resided in Vietnam.
- Provincial-level Justice Departments shall issue judicial record cards to the following persons:
+ Vietnamese citizens permanently or temporarily residing in Vietnam;
+ Vietnamese citizens currently residing overseas;
+ Foreigners currently residing in Vietnam.
APPLICATION FOR JUDICIAL RECORDS UPON REQUEST
- A declaration requesting the issuance of a judicial record card (according to set form);
- A copy of identity card or passport (the original identity card or passport is also attached);
- A copy of household registration book or certificate of permanent residence, temporary residence or confirmation of the competent authority of the place of residence;
- In case of fee exemption or reduction, other documents must be presented for proof.
EXECUTION DURATION:
The time limit for issuance of a judicial record card is 10 days after the receipt of a valid request. In case a person requested to be issued a judicial record card is a Vietnamese citizen who has resided in different localities or once resided overseas, or a foreigner specified in Clauses 2 and 3. Article 47 of this Law, and in case of necessity to verify the conditions on automatic remission of previous criminal convictions specified in Clause 3, Article 44 of this Law, the time limit shall not exceed 20 days.
IMPLEMENTING FEES
According to Circular No. 174/2011/TT-BTC, the fees for granting judicial record cards are stipulated as follows:
- Regular fee: VND 200,000/ time/ person
- For pupils, students, people with meritorious services to the revolution, relatives of fallen heroes: VND 100,000/ time/ person
- If requesting more than 3 votes at the time, from the third card onwards, the agency issuing judicial record cards will receive an additional VND 3,000/ card
- The following cases are exempted from charges for judicial record cards:
+ Persons belonging to poor households according to the provisions of law;
+ Residents in communes meeting with special difficulties according to the provisions of law. Today, more and more businesses require job-seekers to submit their judicial records. Although this procedure is not difficult, we still have to keep in mind some of the issues mentioned above in order to avoid possible problems that may prolong the implementation time.
PHAN LAW VIETNAM
Hotline: 1900.599.995 – 0794.80.88888
Email: info@phan.vn
