Joint Circular No. 07/1999/TTLT-BTP-BCA on Issuing Criminal Record Certificates

JOINT CIRCULAR

Regarding the issuance of Criminal Record Certificates

____________

Pursuant to Decree No. 38-CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 37/1998/NĐ-CP dated June 9, 1998 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

To meet citizens' requirements for the issuance of Criminal Record Certificates;

The Ministry of Justice and the Ministry of Public Security hereby stipulate the issuance of Criminal Record Certificates as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Criminal Record Certificate

A Criminal Record Certificate is a type of certificate issued by state agencies authorized under Point 5, Section I of this Joint Circular, to individuals upon their request to confirm whether they have or do not have criminal records.

The model of the Criminal Record Certificate is Form No. 01/TP-LLTP attached hereto.

2. Principles for confirming the presence or absence of criminal records

An individual shall only be considered as having a criminal record when there is a final and binding criminal judgment of the Court declaring that person guilty of a crime and such record has not been expunged according to the law.

3. Right to Request Issuance of a Criminal Record Certificate

Vietnamese citizens have the right to request state agencies authorized to issue Criminal Record Certificates to issue such certificates for use in necessary cases as prescribed by law.

Foreigners also have the right to request state agencies authorized under Point 5, Section I of this Joint Circular to issue Criminal Record Certificates to confirm whether they have or do not have criminal records during their stay in Vietnam.

Individuals requesting the issuance of a Criminal Record Certificate may authorize another person to handle the application procedures on their behalf.

4. Non-Issuance of Criminal Record Certificates

The following cases shall not be issued Criminal Record Certificates:

a. Requesting a Criminal Record Certificate for another person without proper authorization;

b. Individuals who are currently defendants or accused in criminal cases.

5. Authority to Issue Criminal Record Certificates

The issuance of Criminal Record Certificates falls within the jurisdiction of the Department of Justice of provinces and centrally-administered cities (hereinafter referred to as the Department of Justice).

The Department of Justice is responsible for coordinating with the provincial police force (hereinafter referred to as the Provincial Police) and, if necessary, with the Courts to verify the criminal records of the applicant.

6. Fees

Individuals requesting the issuance of a Criminal Record Certificate must pay a fee as prescribed by law.

II. PROCEDURES AND PROCEDURES FOR ISSUING CRIMINAL RECORD CERTIFICATES

1. Procedures for Submitting and Accepting Applications for Issuance of Criminal Record Certificates

a. Application for Issuance of a Criminal Record Certificate

Individuals requesting the issuance of a Criminal Record Certificate must fill out an application form according to Form No. 02/TP-LLTP issued together with this Joint Circular; the application form must be fully, clearly, and accurately completed.

Accompanying the application form must be copies of the Identity Card and Household Registration Book or other valid documents proving the place of permanent residence of the applicant; for foreigners, copies of the Passport and Residence Permit or Temporary Residence Permit in Vietnam must be submitted.

In cases where an application is made through an authorized representative, a power of attorney certified by the People's Committee of the commune, ward, or town where the authorizer resides or where the authorized representative resides must also be provided; if the authorizer is a Vietnamese citizen residing abroad, the power of attorney must be certified by the Diplomatic Mission or Consular Office of the Socialist Republic of Vietnam abroad; if the authorizer is a foreigner who has left Vietnam, the power of attorney must be certified by the competent authority of the country of which the authorizer is a citizen or resident and must be apostilled according to Vietnamese law.

The application for issuance of a Criminal Record Certificate must be prepared in two sets.

b. Submission of Application for Issuance of a Criminal Record Certificate

Vietnamese citizens residing in Vietnam should submit the application at the Department of Justice of their place of permanent residence; if residing abroad, they should submit it at the Department of Justice of their last place of permanent residence before leaving the country.

Foreigners residing in Vietnam should submit the application at the Department of Justice of their place of residence; if they have left Vietnam, they should submit it at the Department of Justice of their last place of residence before leaving the country.

c. Acceptance of Application

Upon receiving the application, the Department of Justice will check the contents of the application form and the validity of accompanying documents; if any information is missing or unclear, the applicant will be asked to provide additional or clarifying information.

If the application is found to be complete, the Department of Justice will accept it, collect the fee, and issue a receipt to the applicant.

If the case is found to fall outside its jurisdiction, the Department of Justice will immediately guide the applicant to submit the application to the correct address.

The acceptance of applications must be recorded in the Register of Criminal Record Certificates.

2. Procedures for Searching and Verifying Criminal Records

a. Searching Police Records

Within three days from the date of receiving a complete and valid application, the Department of Justice will send the Criminal Record Verification Form according to Form No. 03/TP-LLTP issued together with this Joint Circular and one set of the application to the Provincial Police for searching.

Within ten days from the date of receiving the Criminal Record Verification Form, the Provincial Police are responsible for conducting the search and verification of the applicant's criminal records and sending the results back to the Department of Justice on the reverse side of the Criminal Record Verification Form. For complex cases requiring the search of files from the Criminal Records Division of the Ministry of Public Security, this period may be extended by up to ten days; contacting the Criminal Records Division is the responsibility of the Provincial Police.

b. Searching Court Records

If, based on the results of the police file search, there are suspicious circumstances indicating that the applicant may have a criminal record but there is insufficient evidence to conclude so, or if the section regarding the applicant's criminal record is unclear or incomplete, the Department of Justice will contact the court that tried the relevant case to search the archived case files to clarify whether the applicant has a criminal record or not.

The search of court records (if necessary) must be conducted immediately after receiving the results of the criminal record verification from the Provincial Police; the time limit for searching archived case files at the court does not exceed seven days.

3. Issuing and Issuing Criminal Record Certificates

Within three days from the date of obtaining the results of the file search from the police agency and the court (if applicable), the Department of Justice shall issue and deliver the Criminal Record Certificate to the applicant.

a. Method of Issuing Criminal Record Certificates

If the applicant has no criminal record (has not been convicted or has been convicted but the criminal record has been expunged), then it shall be clearly stated as "No criminal record" in the "Criminal Record Status" section and the columns (1), (2), (3), (4), and (5) of the Criminal Record Certificate shall be crossed out; if the applicant has a criminal record, then the specific offense, the applicable law, the principal punishment, and any additional punishment (if applicable) along with the date, month, and year of the judgment that has become legally binding shall be clearly stated; if there are multiple criminal records, they shall be listed in chronological order.

In cases where the applicant has a criminal record but meets the conditions for automatic expungement or conditional expungement according to the provisions of criminal law, the Department of Justice shall guide the applicant through the procedures to request the competent People's Court to expunge the criminal record according to the provisions of the criminal procedure law.

b. Issuance of Criminal Record Certificates

There is only one original copy of the Criminal Record Certificate which cannot be duplicated. Depending on the purpose of requesting the Criminal Record Certificate, the Department of Justice shall issue the necessary number of copies to the applicant.

4. Storage of Criminal Record Files

The Criminal Record File includes the Application for Issuance of a Criminal Record Certificate, accompanying documents of the applicant, and the Verification Criminal Record Certificate noting the results of the file search from the police agency and the court (if applicable).

The Criminal Record File must be stored and preserved at the Department of Justice in accordance with the laws on archiving.

III. IMPLEMENTATION

1. The Minister of Justice and the Minister of Public Security are responsible for directing and guiding agencies under their respective ministries in implementing this Circular.

2. The Department of Justice and provincial public security bureaus shall assign suitable staff to handle criminal record work; for provinces and cities with many requests for Criminal Record Certificates, dedicated staff must be assigned for this work.

3. On a regular basis every six months or annually, the Department of Justice shall report to the Ministry of Justice, and the provincial public security bureau shall report to the Ministry of Public Security on the implementation of this Circular.

4. This Circular shall take effect fifteen days from the date of signature.

During the implementation process, if there are any difficulties, the Director of the Department of Justice and the Director of the provincial public security bureau shall report to the Ministry of Justice and the Ministry of Public Security for consideration and resolution./.