CRIMINAL RECORDS No 1/ No2

  1. What is a criminal record?

Clause 1, Article 2, Law on Criminal Records No. 28/2009/QH12 provides a clear definition of criminal record. Accordingly:

“Judicial record is a record of the criminal record of a person convicted by a criminal judgment or decision of a court that has taken legal effect, the status of judgment execution and the prohibition of an individual from holding certain posts, establish and manage enterprises or cooperatives in cases where the enterprises or cooperatives are declared bankrupt by the Court.”

There are 02 types of judicial record cards, clearly distinguished from each other based on the content shown on that form, specifically:

  • Judicial record card No. 1 is a record of criminal records that have not been cleared and do not record criminal records that have been cleared; Information on prohibition from holding certain positions, establishment and management of enterprises and cooperatives shall only be recorded in the judicial record card No. 1 when requested by individuals, agencies or organizations.
  • Criminal record card No. 2 is a record of all criminal convictions, including expunged and undeleted criminal convictions and information on prohibition from holding certain positions, establishment, management of enterprises, and cooperation. commune.

Here is the latest criminal record card sample

The latest No. 1 judicial record form

The latest criminal record number 2 form

You can completely see how the No.1 Criminal Record comparison set is different from #2.

𝐕𝐈𝐄𝐓𝐍𝐀𝐌 𝐏𝐎𝐋𝐈𝐂𝐄 𝐂𝐇𝐄𝐂𝐊 𝐍𝐎.𝟏 𝐎𝐑 𝐍𝐎. 𝟐

Police Check, also known as Criminal Record, or Non-conviction record, is one essential document required for various administrative procedures in Vietnam, including application for Vietnam work permit, citizenship, child adoption, marriage registration, etc.

There are 2 types of Vietnam police check as follows:

𝑷𝑶𝑳𝑰𝑪𝑬 𝑪𝑯𝑬𝑪𝑲 𝑵𝑶. 1

  • Mostly used in Vietnam to apply for Vietnam work permit
  • Only listing your unused convictions (if any)
  • Only your name listed on it.
  • Foreigners or Vietnamese citizens staying in Vietnam often need this.

𝑷𝑶𝑳𝑰𝑪𝑬 𝑪𝑯𝑬𝑪𝑲 𝑵𝑶.2

Mostly used in processing other applications/procedures in another country, such as Australia Immigration, Canada Immigration, etc.

Listing all your convictions (both used and unused, if any)

For Vietnamese citizens or foreigners who are currently living in Vietnam or resided in Vietnam.

### Your, your parents’ and spouse’s information listed on it.

 

  1. Subjects granted criminal record in Vietnam

According to the provisions of Article 7, 2009 Law on Judicial Records, Vietnamese criminal records are granted to the following subjects:

  • Vietnamese citizens, foreigners who have been or are currently residing in Vietnam have the right to request the issuance of their criminal record cards.
  • Procedure-conducting agencies have the right to request the issuance of judicial record cards to serve investigation, prosecution and adjudication.
  • State agencies, political organizations and socio-political organizations have the right to request the issuance of judicial record cards to serve the management of personnel, business registration, establishment and management. enterprises and cooperatives.
  1. Criminal record for what?

The purpose of requesting a criminal record card is to:

  • Personal proof of whether or not there is a criminal record, whether or not it is prohibited
  • Record criminal record remission, creating conditions for convicts to reintegrate into the community.
  • Supporting criminal proceedings and criminal justice statistics.
  • Support in human resource management, business registration, establishment and management of enterprises, cooperatives…
  1. How long is the judicial record?

Currently, the Law on Criminal Records 2009 or its guiding documents do not have any provisions on the time limit for criminal records.

However, depending on the nature and field, the term of the judicial record is specified differently in the documents. For example, in order to apply for a work permit for a foreigner, a foreign worker is required to apply for a criminal record and the Department of Labor, War Invalids and Social Affairs only accepts criminal record cards with a validity of 6 months. from the date of submission of the application.

Therefore, when preparing the corresponding file with criminal record requirements, you need to learn about the criminal record deadline to prepare properly.

  1. How long does it take to make a criminal record?

Article 48 of the 2009 Law on Judicial Records clearly stipulates the time for issuance of criminal records as follows:

  • The time limit for issuance of a criminal record card is not more than 10 days from the date of receipt of a valid request.
  • The time limit for issuance of criminal record cards is not more than 15 days if the grantees are:

o Vietnamese citizens who have resided in many places or have resided abroad for a period of time,

or foreigners;

o foreigners who have resided in many provinces and centrally run cities since they were full 14 years old or older;

  • For urgent cases specified in Clause 1, Article 46 of this Law, the time limit shall not exceed 24 hours from the time of receipt of the request.
  1. How much does it cost to make a criminal record?

Fees for making criminal records are specified in Circular No. 244/2016/TT-BTC of the Ministry of Finance. Accordingly,

  • Fee for issuance of criminal record card: 200,000 VND/vote;
  • Fees for making criminal records for students, people with meritorious services to the revolution, relatives of martyrs (including biological fathers, natural mothers, wives (or husbands), children (natural children, adopted children), people who have merits to take care of them. martyrs): 100,000 VND/person;
  • In addition, in case the requester for issuance of a criminal record card requests the superior to issue two judicial record cards in one request, from the third card onward, the fee-collecting organization will be entitled to an additional 5,000 VND/card. to cover the necessary expenses for the printing of the criminal record card form.

The following cases are exempted from fees for issuance of judicial record cards:

  • The elderly according to the provisions of the Elderly Law;
  • People with disabilities according to the provisions of the Law on Persons with Disabilities;
  • People from poor households as prescribed by law;
  • People residing in communes are facing special difficulties as prescribed by law.
    1. Where can I apply for a criminal record?

    According to Article 44 stipulating the competence to issue judicial record cards, then:

    • Vietnamese citizens whose permanent or temporary residence cannot be determined and Foreigners who have resided in Vietnam will apply for a Criminal Record at the National Center for Criminal Records; and
    • Vietnamese citizens permanently or temporarily residing in the country, and Vietnamese citizens residing abroad, and Foreigners residing in Vietnam apply for a criminal record at the Department of Justice in the province where they are residing. reside.

    Here are the addresses of some agencies that make Judicial Records:

    • Address for making criminal records in Hanoi:

    o National Center for Criminal Records: 6th Floor – Building A – Judicial Academy – Tran Vy Street, Mai Dich Ward, Cau Giay District, Hanoi

    o Hanoi Department of Justice: 221 Tran Phu, Van Quan Ward, Ha Dong, Hanoi

    • Where to make a criminal record in Ho Chi Minh City:

    o Ho Chi Minh City Department of Justice: 143 Pasteur, Ward 6, District 3, Ho Chi Minh City.

    1. What documents are required to make a judicial record?

    To request a criminal record card, you will need to prepare the following documents:

    • A declaration requesting the issuance of a criminal record certificate (Form 03/2013/TT-LLTP for self-application or Form 04/2013/TT-LLTP for authorization)
    • Copy of ID card or passport
    • Copy of household registration book or certificate of permanent/temporary residence
    • A form of power of attorney to make a criminal record certified by the People’s Committee of the ward/commune if you are a Vietnamese citizen living in the country or a diplomatic or consular office of Vietnam abroad if you are a citizen Vietnam residing abroad (except where the person requesting the issue of a criminal record card is the father, mother, wife, husband, child of the person granted the criminal record card) and a copy of the identity card of the authorized person. the right, in case the individual authorizes another person to carry out the procedures for requesting the issuance of the No.1 judicial record card. For the No.2 judicial record card, the individual may not authorize another person to carry out the procedures.
    • 1 picture (  size:  3* 4) note : white back ground and  color shirt Fill in the form as  below.
    • :https://docs.google.com/document/d/1dXYb87rYz2Ip3TZNGRsW9cncWxFZujyF/edit?usp=sharing&ouid=114377417529537883721&rtpof=true&sd=true

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Note: 

if you need to police check, please prepare some documents for me below:

  1. Pdf copy of  whole passport . All the pages
  2.  1 picture(  size:  3*4) note: whitebackground  and  color shirt
  3. Fill in the form as link below here:

https://docs.google.com/document/d/1dXYb87rYz2Ip3TZNGRsW9cncWxFZujyF/edit?usp=sharing&ouid=114377417529537883721&rtpof=true&sd=true

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