Can a person who does not have Vietnamese nationality request a Judicial record card?
Can a person who does not have Vietnamese nationality request a Judicial record card?
udicial 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 (according to Clause 4, Article 2 of the Law on Judicial Records).
Based on Article 7 of the Law on Judicial Records regulations on the right to request a criminal record certificate are as follows:
Article 7. Right to request the issuance of judicial record cards
1. Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.
2. Procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.
3. State agencies, political organizations and socio-political organizations may request the issuance of judicial record cards to serve the personnel management, business registration, establishment and management of enterprises or cooperatives.
In Clause 5, Article 3 of the Law on Vietnamese Nationality stipulates that foreigners residing in Vietnam are foreign citizens and stateless people permanently or temporarily residing in Vietnam.
According to the above regulations, foreigners residing in Vietnam, including stateless people permanently or temporarily residing in Vietnam, have the right to request their criminal record certificate.
Thus, in case your uncle is a stateless person, he/she will be required to request the authorities to issue a Judicial record card.