A judicial record card is a document issued by the agency in charge of the judicial record database that proves that the individual has or does not have a criminal record; whether the individual is barred or not barred from holding positions, establishing or managing enterprises or cooperatives in the event that the enterprise or cooperative is declared bankrupt by the court. For foreigners, particularly foreign employees, who want to engage in the Vietnamese labor market must have judicial record cards in order to apply for work permits and work in Vietnam. Hong Bang Law Firm would like to send the following advice to clients in order to clarify the procedure for issuing judicial record cards to foreigners:
Legal basis
- Law on Judicial Record No. 28/2009/QH12;
- Circular No. 244/2016/TT-BTC stipulates that the fee for providing judicial record information is collected;
- Decree No. 152/2020/ND-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.
Conditions for issuance of judicial record cards to foreigners
According to Article 7 of the Law on Judicial Record No. 28/2009/QH12, the following foreigners have the right to request the issuance of Vietnamese judicial record:
- Foreigners residing in Vietnam, and
- Foreigners have resided in Vietnam.
Procedure
Dossier
- A declaration of request for issuance of judicial record cards to foreigners;
- A copy of the identity card or passport of the person requested to be issued a judicial record card;
- A copy of the household registration book or certificate of permanent or temporary residence of the person requested to be issued a judicial record card.
In case that individuals authorize other persons to carry out procedures for requesting the issuance of judicial record cards, the following documents are required:
- The original authorization document is notarized or certified;
- Present the identity card (or passport) of the authorized person.
Note:
- Authorizing other persons is only in case of application for judicial record card No.1.
- In case a requester for a judicial record card is a parent, spouse or child of the person requested to be issued a judicial record card, no written authorization is required, instead of it, is replaced with documents to prove the relationship (birth certificate; marriage registration; household registration …).
- Papers that do not require the submission of the original should be carried with the original for comparison (in case the papers are certified, no comparison is required)
Competent authority
Competent authority: The Justice department where the person resides; in case of residing abroad, it shall be submitted at the Justice department of the place of residence before leaving Vietnam.
Time of implementation
The time for issuing judicial record cards to foreigners is no more than 15 days.
Services of Hong Bang Law Firm
- Advise clients to prepare dossiers;
- Support clients to notarized and certify documents of foreign countries (if any);
- Draft, prepare and check the validity of the dossier;
- Represent clients to carry out procedures with competent authority;
- Hand over the results to the clients.
If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com
Wishing you and your family good health, peace and success!
Best regards!
