Thứ Tư, 15 tháng 6, 2016

VIETNAM LAW ON JUDICIAL RECORDS

Foreigners whom are working in Vietnam are suggested to apply and obtain crimial record card in Vietnam (or police check)before leaving the country as he/she might need it in the future for job application, immigration purposes, or marriages.


Once left the country, he/she could still apply for judicial record card in Vietnam however the process will be longer and more complex.  In such cases, our lawyer in law firm in Hanoi or law firm in Ho Chi Minh City could assist to represent and apply for criminal record card in Vietnam on behalf of the client.  The law on judicial records are provided below for client’s reference.  The Vietnam law on judicial records provides the order of and procedures for provision, receipt and updateing of judicial or criminal record information, compilation of judicial or criminal records, and the issuance of judicial records or criminal records card in Vietnam.
Hanoi, June 17, 2009
LAW ON JUDICIAL RECORDS (No. 28/2009/QH12)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Judicial Records.

Chapter I: GENERAL PROVISIONS

Article 1. Scope of regulation
This Law provides for the order of and procedures for provision, receipt and updating of judicial record information; compilation of judicial records; organization and management of judicial record databases; issuance of judicial record cards; and state management of judicial records.
Article 2. Interpretation of terms
In this Law, the terms below are construed as follows:
1.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.
2. Judicial record information on previous criminal conviction means information on an individual who has been convicted; his/her crime and applicable articles and clauses of law, principal and additional penalties, civil obligation in the criminal judgment, and court fee; date of judgment pronouncement, the court that has pronounced the judgment and serial number of the pronounced judgment; the state of judgment execution.
3. Judicial record information on ban on holding of certain posts, establishment or management of enterprises or cooperatives means information on an individual who is banned from holding certain posts, establishing or managing enterprises or cooperatives: posts subject to the ban, the duration in which he/she is banned from establishing or managing enterprises or cooperatives under the court ruling on bankruptcy declaration.
4. 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.
5. Agencies managing the judicial record database include the National Center for Judicial Records and provincial-level Justice Departments.
Article 3. Purposes of management of judicial records
1. Satisfying the requirement of proving whether or not an individual has a previous criminal conviction or is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.
2. Recording the remission of previous criminal convictions, and facilitating the community reintegration by convicted persons.
3. Supporting criminal proceedings and the making of judicial statistics on crimes.
4. Supporting the personnel management, business registration, establishment and management of enterprises and cooperatives.
Article 4. Principles of management of judicial records
1. Judicial records shall be only made based on criminal court judgments or rulings which have taken legal effect; legally effective court rulings to declare enterprises or cooperatives bankrupt.
2. Assurance of personal privacy.
3. Judicial record information shall be adequately and accurately provided, received, updated and processed in strict compliance with the order and procedures provided in this Law. The judicial record card-issuing agency shall take responsibility for the accuracy of information in judicial record cards.
Article 5. Subjects of judicial record management
1. Vietnamese citizens who have been convicted under legally effective criminal judgments of Vietnamese courts or foreign courts, with excerpts of these judgments or their previous criminal convictions provided by competent foreign authorities under treaties on mutual legal assistance in criminal affairs or on the reciprocity principal.
2. Foreigners who have been convicted under legally effective criminal judgments of Vietnamese courts.
3. Vietnamese citizens and foreigners who are banned by Vietnamese courts from holding certain posts, establishing or managing enterprises or cooperatives under legally effective rulings on bankruptcy declaration.

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