Learn about Criminal Records

Ask:

What is a criminal record? How many types of criminal records are there and what are their contents? ([email protected])

Reply:

1. According to Clause 4, Article 2 of the Law on Judicial Records, a Judicial Record Certificate is a certificate issued by the agency managing the judicial record database, which is valid to prove whether or not an individual has a criminal record, is prohibited or not prohibited from holding a position, establishing or managing an enterprise or cooperative in case the enterprise or cooperative is declared bankrupt by the Court.

2. According to the provisions of Articles 41, 42, 43 of the Law on Judicial Records, there are 2 types of Judicial Records with the following contents:

- Judicial record No. 1 is issued at the request of Vietnamese citizens, foreigners who have resided or are residing in Vietnam, and state agencies, political organizations, and socio-political organizations to serve the work of personnel management, business registration activities, establishment, and management of enterprises and cooperatives.

- The content of Criminal Record Form No. 1 includes:

- Personal information includes: full name, gender, date of birth, place of birth, nationality, place of residence, ID card number or passport number of the person to whom the Judicial Record Certificate is issued.

- Contents of Criminal Record Status include:

+ For those who have not been convicted, write “no criminal record”. In case the convicted person does not meet the conditions for having his/her criminal record expunged, write “has criminal record”, crime, main penalty, additional penalty;

+ For people whose criminal records have been cleared and information about the clearance has been updated in the Judicial Record, write "no criminal record";

+ For people who have been granted amnesty and information about the amnesty has been updated in the Judicial Record, write "no criminal record".

- Information on prohibition of holding positions, establishing and managing enterprises and cooperatives:

+ For those who are not prohibited from holding positions, establishing or managing enterprises or cooperatives according to the decision declaring bankruptcy, write "not prohibited from holding positions, establishing or managing enterprises or cooperatives";

+ For those who are prohibited from holding positions, establishing or managing enterprises or cooperatives according to the decision declaring bankruptcy, the positions they are prohibited from holding and the period of time they are not allowed to establish or manage enterprises or cooperatives must be recorded.

In case an individual, agency or organization does not request, information on the prohibition of holding positions, establishing or managing enterprises or cooperatives will not be recorded in the Criminal Record.

+ Judicial record form No. 2 is issued to the prosecuting agency and issued upon request of an individual so that he/she knows the content of his/her judicial record.

- The content of Criminal Record Form No. 2 includes the following:

- Personal information includes: full name, gender, date of birth, place of birth, nationality, place of residence, ID card or passport number, full name of father, mother, wife, husband of the person to whom the Judicial Record Certificate is issued.

- Content on criminal record status:

+ For people who have not been convicted, write "no criminal record";

+ For those who have been convicted, fully record the criminal record that has been erased, the time the criminal record was erased, the criminal record that has not been erased, the date, month, and year of the judgment, the judgment number, the Court that pronounced the judgment, the crime, the applicable provisions of law, the main penalty, the additional penalty, the civil obligations in the criminal judgment, the court fees, and the status of judgment execution.

In case a person is convicted by different sentences, information about that person's criminal record is recorded in chronological order.

- Information on prohibition of holding positions, establishing and managing enterprises and cooperatives:

+ For those who are not prohibited from holding positions, establishing or managing enterprises or cooperatives according to the decision declaring bankruptcy, write "not prohibited from holding positions, establishing or managing enterprises or cooperatives";

+ For those who are prohibited from holding positions, establishing or managing enterprises or cooperatives according to the decision declaring bankruptcy, the positions they are prohibited from holding and the period of time they are not allowed to establish or manage enterprises or cooperatives must be recorded.

TN