The definition of Legal Clearance/Judicial Record Code – Where to do it?

In the administrative activity, as well as daily activities, citizens need to have legal clearance (For instance: Job application, Immigration documents, marriage register with foreigner). So what is legal clearance? What are other documents to apply for Legal Clearance?

The definition of Legal Clearance?

Judicial record card means a card issued by an agency managing the judicial record database and valid to prove whether or not an individual has a previous criminal conviction, is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

Types of Judicial Record card:

1. Judicial record card No. 1: which shall be issued to individuals, agencies and organisations for employee management, business registration activity, founding, manage enterprise, co-operative
2. 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.

Relevant legal document:

1. Law on Judicial Record 2009
2. Circular 13/2011/TT-BTP orient sample of form and judicial record book.
3. Circular 16/2013/TT-BTP amend Circular 13/2011/TT-BTP

Application for Judicial Record Card no 1:

1. Declaration form (follow sample);
2. Soft-copy of Citizenship card/passport of applicants;
3. Soft-copy of permanent/temporary residence card of applicant
4. Authorization Forms (when the applicant authorise other people to do it)

Application for Judicial Record Card no 2:

1. Request form (follow sample)
2. Remarks: This type of Judicial Record Card cannot be authorised.

Procedure when applying Judicial Record Card:

1. For Vietnamese
   • Submit the application to Justique Department at permanent or temporary residence (if there is permanent residence)
   • If applicants reside in foreign county: Submit to Justique Department residence before exiting Vietnam.
2. For foreign citizen residing in Viet Nam
   • Submit to Justique Department where residing
   • If applicants are not in Vietnam: Submit to National Centre for Criminal Record

Proceeding time:

1. No more than 10 days, counting from the date receiving legible request
2. Emergency as regulated: No more than 24 hours.

Competent authority can refuse to issue Judicial Record Card (with explanation documents) in the following situations:

1. The Judicial Record Card is not in the authority jurisdiction
2. The authorisee is not qualified as per regulation
3. The attached documents to the Declaration are fraudulent.

Remarks: Should there be any changes in the Judicial Record Card (The record has been eradicated but still in the Judicial Record Code) then the applicant needs to immediately notify the authority to amend.

Should you have any questions, please don’t hesitate to contact An Luat Vietnam for consultation, support. Our law firm with experienced lawyers, always available to support clients in applying for Judicial Record code in the fastest, timely and economical for clients.