WHAT IS CRIMINAL RECORD 2023?
Currently, instead of applying for a resume at the People's Committee of the commune or ward, many recruitment agencies and units require employees to provide a criminal record.
So, exactly:
- What is a criminal record?
- Who is the subject of a criminal record in Vietnam?
- Criminal record for what?
- How long is a criminal record valid?
- How long does it take to make a criminal record?
- Where can I apply for a criminal record?
- What documents do I need to make a criminal record?
- What are the steps to make a criminal record?
Let's find out all the detailed information in accordance with the law right here in this article.
1. WHAT IS CRIMINAL RECORD?
Clause 1, Article 2, Law on Criminal Records No. 28/2009/QH12 provides a clear definition of criminal record. Accordingly:
“Criminal 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 case the enterprises or cooperatives are declared bankrupt by the Court.”
There are 02 types of criminal record cards, clearly distinguished from each other based on the content shown on that form, specifically:
- Criminal 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 at the request of individuals, agencies or organizations.
- Criminal record card No. 2 is a record of all criminal convictions, including criminal records that have been cleared and those that have not been erased and information on prohibition from holding certain positions, establishing and managing enterprises and cooperatives. .
You can fully see how the No.1 Criminal Record comparison set is different from the No.2.
2. SUBJECTS TO BE ISSUED WITH CRIMINAL RECORDS IN VIETNAM
According to the provisions of Article 7, 2009 Law on Criminal Records, Vietnamese criminal records are granted to the following subjects:
- Vietnamese citizens and 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 criminal record cards to serve investigation, prosecution and trial work.
- State agencies, political organizations and socio-political organizations have the right to request the issuance of criminal record cards to serve the management of personnel, business registration, establishment and management of enterprises. industry, cooperative.
3. WHAT DOES CRIMINAL RECORD DO?
The purpose of requesting a criminal record card is to:
- Personal proof whether or not there is a criminal record, is it prohibited or not
- Record criminal record remission, create conditions for convicts to reintegrate into the community.
- Supporting criminal proceedings and criminal justice statistics.
- Support human resource management, business registration, establishment and management of enterprises, cooperatives...
4. HOW LONG IS CRIMINAL RECORD VALID FOR?
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 criminal record is regulated differently in the documents. For example, 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 receives 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.
5. 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 shall not exceed 15 days if the grantees are:
- Vietnamese citizens who have resided in many places or have resided abroad for a period of time.
- Foreigner.
- Foreigners who have resided in many provinces and centrally run cities since the age of 14 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.
6. WHERE IS CRIMINAL RECOVERY?
According to Article 44 stipulating the competence to issue Criminal 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. .
Here are the addresses of some agencies that make Criminal Records:
- Address for making criminal records in Hanoi:
- National Center for Criminal Records: 6th Floor - Building A - Judicial Academy - Tran Vy Street, Mai Dich Ward, Cau Giay District, Hanoi.
- Hanoi Department of Justice: 221 Tran Phu, Van Quan Ward, Hanoi
- Where to make a criminal record in Ho Chi Minh City:
- Ho Chi Minh City Department of Justice: 143 Pasteur, Ward 06, District 03, Ho Chi Minh City.
7. WHAT DO YOU NEED FOR CRIMINAL RECORDS?
To request a criminal record card, you will need to prepare the following documents:
- Declaration requesting the issuance of a criminal record certificate (Form No. 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
- Sample 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 Vietnamese citizen Male residing overseas (except where the person requesting the issuance of a criminal record card is the father, mother, wife, husband or child of the person granted the criminal record card) and a copy of the identity card of the authorized person , 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.
CRIMINAL RECORD SERVICES AT 24H VISA
24H Visa has more than 10 years of experience in the field of entry and exit visas, in which providing criminal background check services is one of our strengths. 24H Visa understands that individuals looking to the service always want to find a reputable unit. Because of that, 24H Visa always aims at the service criterion "prestige, quality" to the top, and designs a perfect service with the following advantages:
- The procedure for applying for a criminal record is always kept to a minimum.
- Free consultation 24/7, guide quick procedures
- Quickly handle difficult and urgent cases.
- Representing customers to submit documents and track results.
- Regularly update the profile status for customers.
- Support notarization, translation, legalization of documents as required.
- Cost of criminal record making service is economical, results are returned on time.
If you are concerned about complicated administrative procedures or want to do a quick criminal record, please contact 24H Visa immediately via Viber/Zalo: +84 901.824.667 for the most effective support.