Chương IV Luật Lý lịch tư pháp 2009: Cấp phiếu lý lịch tư pháp

Chapter IV

ISSUANCE OF JUDICIAL RECORD CARDS

Section 1. JUDICIAL RECORD CARDS

Article 41. Judicial record cards

1. Judicial record cards include:

a/ Judicial record card No. 1, which shall be issued to individuals, agencies and organizations specified in Clauses 1 and 3. Article 7 of this Law;

b/ Judicial record card No. 2, which shall be issued to procedure-conducting agencies specified in Clause 2, Article 7 of this Law and at the request of individuals who want to know their judicial records.

2. The Minister of Justice shall set forms of judicial record cards.

Article 42. Contents of judicial record card No. 1

1. Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of the person to whom the judicial record card is issued.

2. Previous criminal conviction:

a/ For an unconvicted person, the words "no previous criminal conviction" shall be written. For a convict who has insufficient conditions for remission of his/her previous criminal convictions, the words "with a previous criminal conviction." the committed crime, principal and additional penalties shall be written;

b/ For a person whose previous criminal conviction has been remitted and for whom information on remission of previous criminal conviction has been updated in his/her judicial records, the words "no previous criminal conviction" shall be written;

c/ For a person eligible for amnesty and for whom information on amnesty has been updated in his/her judicial record, the words "no previous criminal conviction" shall be written.

3. Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:

a/ For a person not banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, the words "not banned from holding certain posts, establishing or managing enterprises or cooperatives" shall be written;

b/ For a person banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, posts subject to the ban and the duration of the ban on establishment or management of enterprises or cooperatives" shall be written.

In case individuals, agencies or organizations make no request, details specified in this Clause will not be written in judicial record cards.

Article 43. Contents of judicial record card No. 2

1. Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of the person to whom the judicial record card is issued, and full names of his/her parents and spouse.

2. Previous criminal conviction:

a/ For an unconvicted person, the words "no previous criminal conviction" shall be written.

b/ For a convict, his/her remitted previous criminal conviction, time of remission, previous criminal conviction not yet remitted, date of judgment pronouncement, serial number of the judgment, the court which has pronounced the judgment, crime, applicable article(s) and clause(s) of law, principal and additional penalties, civil obligation in the criminal judgment, court fee, and state of judgment enforcement.

In case a person is convicted under different judgments, information on his/her previous criminal convictions shall be written in the temporal order.

3. Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:

a/ For a person not banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, the words "not banned from holding certain posts, establishing or managing enterprises or cooperatives" shall be written;

b/ For a person banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, posts subject to the ban and the duration of the ban on establishment or management of enterprises or cooperatives shall be written.

Section 2. ISSUANCE OF JUDICIAL RECORD CARDS

Article 44. Competence to issue judicial record cards

1. The National Center for Judicial Records shall issue judicial record cards to the following persons:

a/ Vietnamese citizens whose places of permanent or temporary residence are unidentifiable;

b/ Foreigners who resided in Vietnam.

2. Provincial-level Justice Departments shall issue judicial record cards to the following persons:

a/ Vietnamese citizens permanently or temporarily residing in Vietnam;

b/ Vietnamese citizens currently residing overseas;

c/ Foreigners currently residing in Vietnam.

3. The Director of the National Center for Judicial Records, directors of provincial-level Justice Departments or their authorized persons shall sign judicial record cards and take responsibility for their contents.

When necessary, the National Center for Judicial Records and provincial-level Justice Departments shall verify the conditions on automatic remission of previous criminal convictions upon issuance of judicial record cards.

4. The issuance of judicial record cards must be recorded in judicial record card issuance books made according to a form set by the Minister of Justice.

Article 45. Procedures for requesting the issuance of judicial record card No. 1

1. A requester for a judicial record card shall submit a declaration requesting the issuance thereof enclosed with the following papers:

a/ A copy of the identity card or passport of the person requested to be issued a judicial record card;

b/ 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.

2. Individuals shall submit declarations requesting the issuance of judicial record cards and enclosed papers to the following agencies:

a/ Vietnamese citizens shall submit their declarations to provincial-level Justice Departments in localities where they permanently reside. In case they have no place of permanent residence, they shall submit such a declaration to the provincial-level Justice Department in the locality where the requester temporarily resides. A requester residing overseas shall submit such a declaration to the provincial-level Justice Department in the locality where he/she resided before his/her departure;

b/ Foreigners residing in Vietnam shall submit their declarations to provincial-level Justice Departments in localities where they reside. In case they have left Vietnam, their declarations shall be submitted to the National Center for Judicial Records.

3. Individuals may authorize other persons to carry out procedures for requesting the issuance of judicial record cards. The authorization must be established in writing under law. 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.

4. When requesting the issuance of judicial record cards, agencies and organizations specified in Clause 3, Article 7 of this Article shall send written requests to provincial-level Justice Departments in localities where persons requested to be issued judicial record cards permanently or temporarily reside. In case it is impossible to identify places of permanent or temporary residence of persons requested to be issued judicial record cards, written requests shall be sent to the National Center for Judicial Records. A written request must clearly indicate the address of the requesting agency or organization, the purpose of use of the judicial record card and information on the person requested to be issued a judicial record card under Clause 1, Article 42 of this Law.

5. The Minister of Justice shall set the form of declaration requesting the issuance of judicial record cards.

Article 46. Procedures for requesting the issuance of judicial record cards No. 2

1. Procedure-conducting agencies specified in Clause 2, Article 7 of this Law which request the issuance of judicial record cards shall send their written requests to provincial-level Justice Departments in localities where persons requested to be issued judicial record cards permanently or temporarily reside. In case it is impossible to identify places of permanent or temporary residence of persons requested to be issued judicial record cards or these persons are foreigners residing in Vietnam, written requests shall be sent to the National Center for Judicial Records. Written requests must clearly indicate information on persons requested to be issued judicial record cards under Clause 1, Article 43 of this Law.

In case of emergency, competent persons of procedure-conducting agencies may request the issuance of judicial record cards by telephone, fax or otherwise and shall send written requests within 2 working days after requesting the issuance of judicial record cards.

2. Procedures for issuance of judicial record cards No. 2 to individuals comply with Clauses and 2, Article 45 of this Law. Individuals who request the issuance of a judicial record card No, may not authorize others to carry out procedures for such request.

Article 47. Search for information for issuance of judicial record card

1. In case a person requested to be issued a judicial record card has only one place of permanent residence in a province or centrally run city since he/she was full 14 years or older, his/her judicial record information shall be searched at the provincial-level Justice Department in the locality where he/she permanently resides.

2. In case a person requested to be issued a judicial record card has resided in more than one province or centrally run city since he/she was full 14 years or older, his/her judicial record information shall be searched at the provincial-level Justice Department which has received the written request and the National Center for Judicial Records.

3. In case a person requested to be issued a judicial record card is a Vietnamese citizen who once resided overseas or a foreigner, his/her judicial record information shall be searched at the provincial-level Justice Department which has received the written request and the National Center for Judicial Records.

4. In case it is impossible to identify the place of permanent or temporary residence of a person requested to be issued a judicial record card, his/her judicial record information shall be searched at the National Center for Judicial Records.

Article 48. Time limit for issuance of judicial record cards

1. The time limit for issuance of a judicial record card is 10 days after the receipt of a valid request. In case a person requested to be issued a judicial record card is a Vietnamese citizen who has resided in different localities or once resided overseas, or a foreigner specified in Clauses 2 and 3. Article 47 of this Law, and in case of necessity to verify the conditions on automatic remission of previous criminal convictions specified in Clause 3, Article 44 of this Law, the time limit is 15 days.

2. In case of emergency specified in Clause 1, Article 46 of this Law, the time limit is 24 hours after the receipt of a request.

Article 49. Refusal to issue judicial record cards

Judicial record database-managing agencies may refuse to issue judicial record cards in the following cases:

1. The issuance of judicial record cards falls beyond their competence;

2. Requesters of issuance of judicial record cards for other persons fail to satisfy the conditions specified in Article 7 and Clause 3. Article 45 of this Law;

3. Papers enclosed with declarations requesting judicial record cards are insufficient or forged.

In case of refusal to issue a judicial record card, a written notice thereof shall be made, clearly stating the reason.

Article 50. Supplementation, correction, withdrawal or revocation of judicial record cards

Judicial record card-issuing agencies may supplement, correct, withdraw or revoke judicial record cards in case these cards contain inaccurate or unlawful details.