Dossiers and procedures for issuance of judicial record cards from July 1, 2021
On June 23, 2021, the Ministry of Justice issued Decision 1050/QD-BTP on the publication of amended and supplemented administrative procedures in the judicial record field under the management function of the Ministry of Justice. Accordingly, the dossiers, procedures, and order for the issuance of judicial record cards to Vietnamese citizens and foreigners residing in Vietnam from July 1, 2021, are as follows:
- The order of execution:
+ Apply to the Department of Justice
Vietnamese citizens apply to the Department of Justice, where they permanently reside. If they do not have a permanent address, they should apply to the Department of Justice, where they temporarily reside. If they are foreign residents, they will apply to the Department of Justice of their residence place before existing
Foreigners residing in Vietnam shall submit their documents to the Department of Justice where they live.
+ Get results at the site of the application.
- Profile composition:
+ A declaration requesting the issuance of a judicial record card according to the prescribed form (Form No. 04/2013/TT-LLTP).
+ A photocopy of the identity card or citizen identification card or passport of the person issued with a judicial record card. (In case of submission of a photocopy, the original must be presented for comparison. If not have an original copy, a certified copy as prescribed by Law shall be submitted).
+ Power of attorney: if they authorize another person to carry out the procedures for requesting the issuance of a judicial record card number 1[4.] (In case the authorized person is the father, mother, wife, husband, offspring of the authorizing person, a written authorization is not required).
The Power of attorney must be notarized and authenticated following Vietnamese Law.
Individuals requesting the issuance of Criminal Record Cards No. 2 may not authorize others to carry out the procedures for requesting the issuance of Criminal Record Cards.
In addition, the person requesting the issuance of a judicial record card that is eligible for a fee exemption or reduction must present documents to prove it.
- Time limit for processing dossiers:
+ Within ten days from the date of receiving a valid request.
+ In case the person requested to issue a judicial record card is a Vietnamese citizen who has resided in many places or has a period of residence abroad, or if foreigners must verify the automatic conditions for criminal record remission, the period shall not exceed 15 days.
+ Fee for providing criminal record information: 200,000 VND/time/person.
+ Fee for providing information on criminal records of students, revolutionary contributors, relatives of war martyrs (including biological fathers, natural mothers, wives (or husbands), children (natural children, adopted children), persons with martyrs' care): 100,000 VND/time/person.
Providing free criminal record information in the following cases: Children as prescribed in the Law on Child Protection, Care and Education; older adults as specified in the Law on Elderly; Disabilities as defined in the Law on Persons with Disabilities; People of poor households and people residing in extremely difficult communes; ethnic minority people in communes with challenging socio-economic conditions, border communes, and safe zone communes according to regulations of Law.
Suppose the person issued a judicial record card asks a superior to give two votes in one request. The criminal record card issuer will collect an additional 3,000 VND/card to cover necessary expenses for printing the judicial record card form from the 3rd card onward.
- Results of administrative procedures: Judicial record cards No. 1.
- Legal grounds:
+ Law on Judicial Records No. 28/2009/QH12.
+ Law on foreigners' entry, exit, transit, and residence in Vietnam No. 51/2019/QH14.
+ Law on citizen identification 2014.
+ Residence Law No. 68/2020/QH14 dated November 13, 2020.
+ Decree No. 111/2010/ND-CP dated November 23, 2010, of the Government detailing and guiding the implementation of several Law on Judicial Records articles.
+ Circular No. 13/2011/TT-BTP dated June 27, 2011, of the Ministry of Justice on promulgating and guiding the use of forms and samples of judicial record books.
+ Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP dated May 10, 2012, of the Ministry of Justice, Supreme People's Court, Supreme People's Procuracy, Ministry of Public Security, Ministry of National Defense, guide the order and procedures for searching, verifying, exchanging and providing judicial record information.
+ Circular No. 16/2013/TT-BTP dated November 11, 2013, of the Ministry of Justice amending and supplementing several articles of Circular No. 13/2011/TT-BTP dated June 27, 2011, on promulgating and instructions on the use of judicial record books and forms.
+ Circular No. 244/2016/TT-BTC dated November 11, 2016, of the Ministry of Finance stipulating the collection rate, mode of collection, payment, management, and use of fees for providing criminal record information.
+ Decision No. 1050/QD-BTP takes effect from July 1, 2021.
+ Decision No. 59/2015/QĐ-TTg