Types of Criminal Record in Vietnam

Two Types of Criminal Record in Vietnam

A Criminal record is a document issued by the agency managing the judicial record database, which verifies whether an individual has a criminal record or is banned from holding certain positions, establishing, or managing enterprises or cooperatives in case of bankruptcy declaration by the court. There are two types of Criminal record in Vietnam: Criminal record No. 1 and Criminal record No. 2. 

Criminal record No. 1

Criminal record No. 1 is issued to Vietnamese citizens and foreigners who have resided or are currently residing in Vietnam and have the right to request their Criminal record; state agencies, political organizations, and socio-political organizations that need the Criminal record for personnel management, business registration, enterprise, and cooperative establishment and management. 

Recipients of Criminal record No. 1

Criminal record No. 1 is issued upon request of individuals; foreigners who have resided or are currently residing in Vietnam; state agencies, political organizations, and socio-political organizations. 

Purpose of Requesting Criminal record 1

Individuals request Criminal record No. 1 to verify whether they have a criminal record or are banned from holding certain positions, establishing, or managing enterprises or cooperatives in case of bankruptcy declaration by the court, to participate in civil transactions or administrative procedures such as job application, work permit application, overseas labor, etc. 

Additionally, Criminal record No. 1 is issued to competent state agencies for personnel management, business registration, enterprise, and cooperative establishment and management. 

The card records the expungement of criminal records, facilitating the reintegration of individuals who have been convicted after the sentence expires, and supporting criminal proceedings and judicial statistics. 

Content of Criminal record 1

The criminal record section of the card will record unexpunged criminal records and will not record expunged criminal records. However, information on the prohibition of holding certain positions, establishing, or managing enterprises or cooperatives will only be included if requested by the individual, agency, or organization. 

Authorization to Request Criminal record No. 1

Individuals can authorize others to request Criminal record No. 1 on their behalf. The authorization must be made in writing. If the requestor is the parent, spouse, or child of the individual for whom the card is issued, no written authorization is required. 

Criminal record No. 2

Criminal record No. 2 is issued to judicial bodies to serve investigation, prosecution, and adjudication and upon request of individuals who wish to know their judicial record details. 

Recipients of Criminal record No. 2

Criminal record No. 2 is issued upon request of individuals or judicial bodies. 

Purpose of Issuing Criminal record No. 2

Criminal record No. 2 is issued for individuals to know their judicial record details, serving investigation, prosecution, and adjudication. 

Content of Criminal record No. 2

The criminal record section of the card records all criminal records, including expunged and unexpunged criminal records. For convicted individuals, it details expunged records, the time of expungement, unexpunged records, date of judgment, judgment number, the court that issued the judgment, crime, applicable law articles and clauses, principal and additional penalties, civil obligations in the criminal judgment, court fees, and the status of judgment enforcement. In case of multiple convictions, information is recorded in chronological order. Information on the prohibition of holding certain positions, establishing, or managing enterprises or cooperatives is also included. 

Authorization to Request Criminal record No. 2

Individuals requesting Criminal record No. 2 must directly perform the procedures and cannot authorize others to do so. 

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest protection, risk mitigation and regulatory compliance. ANT Lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.