The concept of Judicial record certificate and how to distinguish Judicial record number 1 and number 2? This is the content of many questions sent to Xinvisaquocte’s mailbox by many customers. There are many questions sent to us such as: “what is a Judicial record”, “how to make a Judicial record”… Through this article, we would like to send it to you. There are a few things you need to know about this type of document.
Judicial Record certificates – Dossier applying: CLICK HERE
I- What is the purpose of applying for a judicial record certificate?
According to Article 2 of the Law on Judicial Record 2009, judicial record are explained as personal records of the following types:
– The judicial record of the person convicted by a criminal judgment or decision of the Court has taken legal effect.
– Status of judgment execution.
– Regarding the prohibition of individuals from holding posts, establishing and managing an enterprise or cooperative in case the enterprise or cooperative is declared bankrupt by the Court.
II- Accordingly, the purpose of applying for a judicial record certificate is to
– Meeting the requirement to prove that the individual has a criminal conviction, is prohibited from holding positions, establishing or managing enterprises, cooperatives when the Court declares bankruptcy?
– Recognition of judicial record removal, creating conditions for people sentenced to reintegrate into the community.
– Support for criminal proceedings and criminal justice statistics.
– Support for human resource management, business registration, establishment and management of businesses, cooperatives.
III- How many types of judicial record?
According to the law, there are 2 types of judicial record: judicial record certificate number 1 and number 2.
A- Coupon No. 1 is issued to the following subjects:
– Vietnamese citizen.
– Foreigners who have been or are residing in Vietnam.
– State agencies, political organizations, socio-political organizations.
B- Voucher No. 2 issued to the proceeding-conducting agency
According to the Ministry of Justice, the regulations on the right to request the issue of criminal record certificates No. 2 are currently being abused. The Law on Lawyer Law stipulates that there are two types of criminal record certificates issued, namely Criminal Law Record No. 1 and Criminal Law Record No. 2. Unlike Criminal Law Record No. 1, Criminal Law Record No. 2 shows both criminal convictions that have been deleted and only granted to the institution. The agency conducts proceedings to serve the investigation, prosecution, adjudication and at the request of an individual so that such person knows the content of his or her criminal act. JUDICIAL RECORD CERTIFICATE
However, since 2012, the abuse that requires individuals to submit criminal record certificates No. 2 has increased. In 2011, there were only 3,125 requests for issuance of criminal record certificates number 2, accounting for 2.5% of the total number of requests for issuance of criminal record certificates, by 2016: there were 99,031 requests, accounting for 29% of the total number of requests for issuance of criminal record certificates. .
Under the provisions of the Law on Law on Lawyers (Point b, Clause 2, Article 41), the Law on Criminal Law No. 2 is issued to the proceeding agency and issued at the request of an individual so that such person knows the contents of his or her criminal law.
However, the reality of resolving the request for issuance of criminal record certificates shows that the individual requesting the issuance of criminal record certificates number 2 does not come from the request to know about the content of their criminal act, but because it comes from the requests of agencies and groups. function, mainly to supplement the application file for entry visa, marriage at foreign diplomatic missions; apply for a job, license to operate in Vietnam. JUDICIAL RECORD CERTIFICATE
This situation has affected the right of law to ensure personal secrets under the provisions of the Constitution and humanitarian policies of the criminal law of our State, affecting the community reintegration of the sufferer. sentencing, especially those who have had criminal records. According to citizens’ reflection, when criminal record number 2 is issued and used publicly, it can lead to consequences for individuals when reintegrating into the community, difficulties or even loss of opportunities when studying abroad or applying for jobs. work, exit …
C- Judicial record certificate fee
1. Fees: The fees for applying for judicial record certificates are specified in Decision 2244 / QD-BTP as follows:
+ 200,000 VND / time / person.
+ 100,000 VND / time / person for students, people with meritorious services to the revolution, martyrs’ relatives.
+ Free for children, the elderly, people with disabilities, people in poor households, residents in extremely difficult communes, ethnic minorities.
2. Deadline for application processing:
+ Not more than 10 working days from the date of receipt of a valid request.
+ Not more than 24 hours from the time of receiving the request when having an emergency.
+ Not more than 20 days when it is necessary to verify the natural condition for judicial record certificate remission, when the requester has time to reside in many places, even abroad.