Criminal Record Card in Viet Nam
Dear DB Legal Law Firm in Da Nang, Viet Nam. I come from the Malaysian and am living now in Hoi An city. Please tell me how I can get the criminal record in Viet Nam. Thanks.
Thank you for your questions.
According to the Law on Judicial Record, Judicial record card means a card 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. The individual, agencies and organizations may request competent agencies to issue Criminal Record card, including:
1. Vietnamese citizens and foreigners who have been or are residing in Vietnam have the right to request the issuance of their criminal record cards;
2. Proceeding agencies may request the issuance of criminal record card for investigation, prosecution and trial;
3. State agencies, political organizations and socio-political organizations may request the issuance of criminal record to serve the personnel management, business registration, establishment and management of enterprises and cooperatives.
There are two cases of criminal record cards include:
a/ Criminal record card no.1 is issued to individual, agencies and organizations (1&3 above);
b/ Criminal record card no.2 is issued to agencies conducting the proceedings, defined in No.2 above and issued at the request of the individual so that he/she can know the contents of his/her criminal resume.
The basic difference of these two types is that the criminal record card no.1 only records the sentence has not been removed. If the case has been deleted, it will state “no criminal record”. The criminal record card no.2 records all previous criminal convictions regardless of whether they were deleted or not.
Where you can apply to get the criminal record card?
1. The National Center for Judicial Records shall issue judicial record cards to the following persons:
a/ Vietnamese citizens whose places of permanent or temporary residence are unidentifiable;
b/ Foreigners who resided in Vietnam.
2. Provincial-level Justice Departments shall issue judicial record cards to the following persons:
a/ Vietnamese citizens permanently or temporarily residing in Vietnam;
b/ Vietnamese citizens currently residing overseas;
c/ Foreigners currently residing in Vietnam.
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