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Procedure for applying for a judicial record No. 1 for foreigners

Last Updated: 12/9/2018

A judicial record card is a card issued by a body managing the judicial records database, which is valid for evidencing that the individual has or does not have a previous criminal conviction; Being banned or not banned from holding certain posts, setting up or managing enterprises or cooperatives in cases where the enterprises or cooperatives are declared bankrupt by the court. Foreigners who come to Vietnam for work, labor or investment must apply for a judicial record in order to supplement and legally submit the application for a work permit or other matters of a legal nature. judicial calendar.

The role of the judicial record

     Judicial record cards play an important role in the current life, especially those who carry out administrative procedures related to foreign elements, such as: studying abroad, applying for jobs, settling in foreign…. A judicial record is a document proving that an individual has or has not had a criminal conviction, has criminal legal matters; Judicial records will prove the criminal status of the litigants as required by the authorities when necessary.

     In addition, the judicial record is also the basis for the state agency to assess citizens' morality, consider entry, exit, restoration of nationality, child raising or not, certification practice or not, ...

     In particular, judicial record cards are important in determining whether an individual is allowed to reintegrate into the community in the case of a former criminal record. This is a ground for state agencies to consider aggravating or mitigating circumstances in criminal proceedings. The judicial record is the basis for determining whether the accused has committed the recidivism.

     Conditions for granting judicial records to foreigners
     According to the Law on Judicial Records, the conditions for granting judicial records to foreigners in Vietnam must be temporary residence in Vietnam. Temporary residence in Vietnam showing the duration of the visa or temporary residence card of foreigners and registered temporary residence with the police of the commune, ward or township where the foreigner is staying. Temporary residence registration is indicated in the temporary residence book or temporary residence certificate issued by the police of the commune, ward or township where the foreigner is staying.

Application for granting judicial record of form 1 to foreigners
     1. Declaration requesting the issuance of judicial record cards according to the set form.

     2. Identity card or passport

     3. Household registration book or certificate of permanent or temporary residence

In case of authorization, the following documents must be submitted:

     4. Original documents of authorization in accordance with the law (notarized or authenticated in accordance with the law)

     5. Identity card (or passport) of the authorized person.

Where the person requesting the issuance of a judicial record card is a father, mother, spouse or child of a person who is granted a judicial record, the document shall not be required but shall be replaced with papers to prove the relationship. (birth certificate, marriage certificate, household register ...)

Note: Citizen documents may be photocopied but do not need to be accompanied by the original.

Where to apply:
     + Foreigners residing in Vietnam shall submit to the provincial / municipal Justice Services of the localities where they reside;

     + If they have left Vietnam, they shall be lodged at the National Center for Judicial Records.

Apart from state agencies, political organizations and socio-political organizations, when requesting the issuance of judicial record cards, they shall send written requests to the provincial / municipal Justice Services of the localities where they are granted the permanent judicial record cards. or temporary residence; In cases where the permanent residence or temporary residence places of persons granted the judicial record cards can not be determined, they shall be sent to the National Center for Judicial Records.

Processing time: 10 working days from the date of submission

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