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Criminal Record

Difference Between Vietnamese Criminal Record Certificate No.1 and No.2 – Procedures For Applying A Vietnamese Criminal Record Certificate For Vietnamese and Foreigners

In Vietnam, there are currently 2 types of Criminal Record Certificates: Criminal Record Certificate No. 1 and Criminal Record Certificate No. 2, each serving different purposes, providing a number of different information. Therefore, anyone who wants to apply for a Criminal Record must determine the type of certificate they need to apply for. In this article, we will provide you complete information about:

  • Legal provisions on types of Vietnamese criminal record certificates
  • Distinguishing the No.1 and No.2 criminal record certificates in Vietnam
  • Procedures for applying a Vietnamese criminal record card for Vietnamese and foreigners

1/ Legal regulations on types of Vietnamese criminal record certificates

According to the provisions of Clause 1, Article 41 of the Law on Judicial Records No. 28/2009/QH12, there are two types of Criminal Record Certificates currently being issued by judicial authorities. That is:

  • Criminal record card No. 1 shall be issued to individuals, agencies and organizations specified in Clauses 1 and 3, Article 7 of this Law, such as Vietnamese citizens, foreigners who have been or are currently residing in Vietnam, governmental organizations, political organizations, socio-political organizations that need to issue judicial record to serve the management of human resources, business registration activities, establishment and management of enterprises, Cooperative;
  • Criminal record card No. 2 shall be issued to the procedure-conducting agency specified in Clause 2, Article 7 of this Law (ie, the procedure-conducting agency to serve investigation, prosecution and adjudication) and to at the request of the individual so that he or she knows the contents of his or her criminal record.

Below are the latest criminal record sample number 1 and the latest criminal record sample number 2.

Vietnamese criminal record No.1

Vietnamese criminal record No.2

2/ What are the differences between the criminal record certificate No.1 and the criminal record certificate No.2 in Vietnam?

What are the differences between Vietnamese criminal record certificate number 2 and criminal record certificate number 1? That is the question of many people. We would like to specifically answer that the criminal record card number 1 and number 2 are different in the following 4 contents:

  • Subjects of applying
  • Uses
  • Content shown on the certificate
  • Authorize another individual to carry out the procedure.

Below is a detailed comparison table of these two types of certificates.

Item Criminal record No.1 Criminal record No. 2
Subjects According to the provisions of the Law on Judicial Records, the subjects issued with the criminal record certificate No.1 include:

• Vietnamese citizens residing in Vietnam or abroad;

• Foreigners who have been or are currently residing in Vietnam;

• State agencies, political organizations, socio-political organizations.

 

Subjects eligible for criminal record certificate No.2 include:

• The agency conducting the proceedings; and

• Individual

 

Purpose The purpose of issuing a criminal record certificate No.1 is to serve the management of personnel, business registration activities, establishment and management of enterprises and cooperatives, to supplement the application for working permit for foreigners.

 

Regarding the question of what is a criminal record number 2 for, according to the law, a criminal record number 2 is granted to:

• Serving the investigation, prosecution and trial;

• Let the individual requesting the criminal record No.2 know the contents of his or her criminal record.

 

Content According to Article 42 of the 2009 Law on Judicial Records, Criminal Record No. 1 has the following contents:

• Information about the grantee;

• Information about criminal status. In this section, Criminal Record No. 1 will clearly state the following:

o For people who are not convicted, write “no criminal record”. In case the convict is not eligible for criminal record remission, write “with previous criminal record”, crime, main penalty and additional penalty;

o For the person whose criminal record has been cleared and the information about the criminal record remission has been updated in the judicial record, write “no criminal record”;

o For persons granted amnesty and information about the amnesty has been updated in the judicial record, write “no criminal record”.

• Information on prohibition from holding certain positions, establishment, management of enterprises or cooperatives is optional information, which is recorded at the request of the person requesting the issuance of a criminal record. It means, this is optional information on the Criminal Record Record No. 1.

According to the provisions of Article 43 of the 2009 Law on Judicial Records, the Criminal Record No. 2 contains the following contents:

• Information about the grantee;

• Information about criminal status, in this section, Criminal Record Card No. 2 will clearly state:

o For non-convicted persons, write “no criminal record”;

o For convicts, write in full the criminal record expunged, time of criminal record remission, criminal record not yet expunged, date, month and year of sentencing, number of judgments, court which has pronounced judgment crime, applicable provisions of law, principal penalties, additional penalties, civil obligations in criminal judgments, court fees, execution status. In case a person is convicted by different sentences, information about that person’s criminal record is recorded in chronological order.

• Information on the prohibition of holding certain positions, establishing and managing enterprises or cooperatives. This is mandatory information and the person requesting a Criminal Record Certificate No. 2 does not have the option of choosing whether or not to include this information.

 

Authorization Individuals who want to be issued with a Criminal Record No. 1 can authorize others to carry out procedures to help them at a judicial agency.

In this case, there must be a written authorization certified by a competent authority as prescribed by law, except where the requester is the father, mother, wife, husband or child of the person issued with the criminal record.

Individuals applying for Criminal Record Card No. 2 must directly carry out the procedure without authorizing others.

 

 

Above are the basic differences between the No.1 and No.2 criminal record certificates. As for how to make a criminal record No.1 and how to make a criminal record No.2, there is not any difference. Whether it is a Criminal Record Certificate No. 1 or No. 2, you will also work at the local judicial agency.

3/ Procedures for applying a Vietnamese criminal record certificate for Vietnamese and foreigners

Vietnamese or foreigners living in Vietnam can directly go to the judicial authority of their place of residence to apply for a criminal record certificate. Documents include:

  • A declaration requesting the issuance of criminal record certificate;
  • A photocopy of the identity card or passport of the person requesting the issuance of criminal record certificate;
  • A copy of the household registration book or certificate of permanent or temporary residence of the applicant for criminal record certificate;
  • Information related to the father, mother and spouse of the applicant for criminal record certificate;

The processing time to issue a Vietnamese criminal record certificate is 10 working days. After being issued, the criminal record certificate must be written entirely in Vietnamese. If there is a need, the person applying for criminal record certificate must go to the relevant agency to translate into the language they need to use.

If you need assistance in applying Vietnamese Criminal Record Certificate, please contact us at info@vietnamimmigration.com , we will give you a free consultation.

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