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In Vietnam, there are currently 2 types of Judicial Record Certificates: Judicial Record Certificate No. 1 and Judicial Record Certificate No. 2, each serving different purposes, providing a number of different information. Therefore, anyone who wants to apply for a Judicial Record must determine the type of certificate they need to apply for. In this article, we will provide you complete information about:
According to the provisions of Clause 1, Article 41 of the Law on Judicial Records No. 28/2009/QH12, there are two types of Judicial Record Certificates currently being issued by judicial authorities. That is:
Below are the latest Judicial Record sample number 1 and the latest Judicial Record sample number 2.
Vietnamese Judicial Record No.1
Vietnamese Judicial Record No.1
What are the differences between Vietnamese Judicial Record certificate number 2 and Judicial Record certificate number 1? That is the question of many people. We would like to specifically answer that the Judicial Record card number 1 and number 2 are different in the following 4 contents:
Below is a detailed comparison table of these two types of certificates.
| Item | Judicial Record No.1 | Judicial Record No. 2 |
| Subjects | According to the provisions of the Law on Judicial Records, the subjects issued with the Judicial Record certificate No.1 include:
• Vietnamese citizens residing in Vietnam or abroad; • Foreigners who have been or are currently residing in Vietnam; • State agencies, political organizations, socio-political organizations.
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Subjects eligible for Judicial Record certificate No.2 include:
• The agency conducting the proceedings; and • Individual
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| Purpose | The purpose of issuing a Judicial Record certificate No.1 is to serve the management of personnel, business registration activities, establishment and management of enterprises and cooperatives, to supplement the application for working permit for foreigners.
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Regarding the question of what is a Judicial Record number 2 for, according to the law, a Judicial Record number 2 is granted to:
• Serving the investigation, prosecution and trial; • Let the individual requesting the Judicial Record No.2 know the contents of his or her Judicial Record.
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| Content | According to Article 42 of the 2009 Law on Judicial Records, Judicial Record No. 1 has the following contents:
• Information about the grantee; • Information about criminal status. In this section, Judicial Record No. 1 will clearly state the following: o For people who are not convicted, write “no criminal record”. In case the convict is not eligible for Judicial Record remission, write “with previous Judicial Record”, crime, main penalty and additional penalty; o For the person whose Judicial Record has been cleared and the information about the Judicial Record remission has been updated in the judicial record, write “no criminal record”; o For persons granted amnesty and information about the amnesty has been updated in the judicial record, write “no criminal record”. • Information on prohibition from holding certain positions, establishment, management of enterprises or cooperatives is optional information, which is recorded at the request of the person requesting the issuance of a Judicial Record. It means, this is optional information on the Judicial Record Record No. 1. |
According to the provisions of Article 43 of the 2009 Law on Judicial Records, the Judicial Record No. 2 contains the following contents:
• Information about the grantee; • Information about criminal status, in this section, Judicial Record Card No. 2 will clearly state: o For non-convicted persons, write “no criminal record”; o For convicts, write in full the Judicial Record expunged, time of Judicial Record remission, Judicial Record not yet expunged, date, month and year of sentencing, number of judgments, court which has pronounced judgment crime, applicable provisions of law, principal penalties, additional penalties, civil obligations in criminal judgments, court fees, execution status. In case a person is convicted by different sentences, information about that person’s Judicial Record is recorded in chronological order. • Information on the prohibition of holding certain positions, establishing and managing enterprises or cooperatives. This is mandatory information and the person requesting a Judicial Record Certificate No. 2 does not have the option of choosing whether or not to include this information.
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| Authorization | Individuals who want to be issued with a Judicial Record No. 1 can authorize others to carry out procedures to help them at a judicial agency.
In this case, there must be a written authorization certified by a competent authority as prescribed by law, except where the requester is the father, mother, wife, husband or child of the person issued with the Judicial Record. |
Individuals applying for Judicial Record Card No. 2 must directly carry out the procedure without authorizing others.
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Above are the basic differences between the No.1 and No.2 Judicial Record certificates. As for how to make a Judicial Record No.1 and how to make a Judicial Record No.2, there is not any difference. Whether it is a Judicial Record Certificate No. 1 or No. 2, you will also work at the local judicial agency.
Vietnamese or foreigners living in Vietnam can directly go to the judicial authority of their place of residence to apply for a Judicial Record certificate. Documents include:
The processing time to issue a Vietnamese Judicial Record certificate is 10 working days. After being issued, the Judicial Record certificate must be written entirely in Vietnamese. If there is a need, the person applying for Judicial Record certificate must go to the relevant agency to translate into the language they need to use.
If you need assistance in applying Vietnamese Judicial Record Certificate, please contact us at info@vietnam-evisa.com , we will give you a free consultation.
