To issue judicial record cards to bodies conducting legal proceedings (subjects are Vietnamese citizens and foreigners residing in Vietnam)

20/08/2018

The order of execution

 

- The procedure-conducting bodies may request the issuance of judicial record cards for investigation, prosecution and trial.

- The procedure-conducting agency which requests the issuance of a judicial record card shall send a written request to PAA (No.5, Nguyen Trai street, Lien Bao ward, Vinh Yen city, Vinh Phuc province) where the person who is issued with a judicial record is permanent or temporary (if there is no place of permanent residence). The written request must clearly state the information on that individual as prescribed.

Written requests can be made directly at PAA or via postal service or online registration.

 (The written request of the procedure-conducting agency, if registering online, the digital signature must be used in accordance with the provisions of law on e-transactions.)

- Receive results directly at PAA or via postal service at registered address.

 

Implementation method

 

- Directly at PAA or via postal service or online registration.

- In case of emergency, a competent person of a legal proceeding-conducting agency may request the issuance of a judicial record card by telephone, fax or in other forms and shall have to send a written request within the prescribed time limit. Two working days from the date of requesting the issuance of a judicial record card.

Composition, number of records

 

Written request for issuance of judicial record card No. 2 for the procedure-conducting agency (Form No. 05b / 2013 / TT-LLTP).

Number of record: 01 set

Period of settlement

 

Within 10 days from the date of receipt of a valid request. If the person requesting the issuance of a judicial record card is a Vietnamese citizen who has resided in many places or has a period of residence abroad, the foreigner must prove that the condition is automatically annulled. The time limit shall not exceed 15 days.

In case of emergency, the time limit shall not exceed 24 hours, counting from the time of receiving the request.

Agency of administrative procedure

The Department of Justice

 

Objects of administrative procedure

Procedure-conducting bodies.

Result of settling administrative procedure

Judicial Record Card No. 2.

Fee, charge

No

Form, form of declaration

 

Written request for issuance of judicial record card No. 2 for the procedure-conducting bodies (Form No. 05b / 2013 / TT-LLTP).

Requirements, conditions for carrying out procedures

No

 

Legal basis of the administrative procedure

 

- Judicial Records Act 2009;

- Decree No. 111/2010 / ND-CP on 23/11/2010 detailing and guiding the implementation of some articles of the Law on Judicial Records;

- Circular No. 13/2011 / TT-BTP on 27/6/2011 on issuing and guiding the use of judicial record forms and forms;

- Circular No. 244/2011 / TT-BTC on 11/11/2016 of the Ministry of Finance regulating the rates, the regime of collection, management and use of charges for providing judicial record information;

- Joint Circular No. 04/2012 / TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP on May 10, 2012 guiding the order and procedures for the search, verification, exchange and supply of judicial records;

- Circular No. 16/2013 / TT-BTP on 11 November 2013 of the Minister of Justice amending and supplementing a number of articles of Circular No. 13/2011 / TT-BTP dated 26 July 2011 Use and use of forms and forms of judicial record.

- The Prime Minister's Decision No. 19 / QD-TTg of January 8, 2015, approving the scheme on piloting the granting of judicial record cards via post services and the registration of the issuance of judicial records online " (valid from January 08, 2015).

 

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