TYPES OF CRIMINAL RECORD

As regulated in Clause 4, Article 2 of the Law on Criminal Record, criminal record is a document issued by the Department of Justice or the National Centre for Criminal Record, which have the value to demonstrate that a person is with or without a criminal conviction; is prohibited or not prohibited from holding position, managing or establishing business or not.

As stipulated in Article 41 of the Law on Criminal Record, there are 2 types of criminal record card:

– Criminal record form 01 is issued upon request by Vietnam citizen or foreigners residing in Vietnam and State agencies, political organizations, political – social organizations to serve human resources management activities, business registration activities, establishment and management of enterprises or cooperatives.

– Criminal record form 02 is issued for the agency conducting the proceedings and at the request of individuals who want to know the contents of their criminal record.

Lawyers at ANT Lawyers, a law firm in Vietnam will be available to assist client to navigate through procedures to apply and obtain criminal or police record in Vietnam.

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CRIMINAL RECORD FOR FOREIGN CITIZENS RESIDING IN VIETNAM

When foreign citizens residing in Vietnam wish to apply and have their criminal record card issued, applicants have to prepare documents as follows:

The case that documents are submitted directly:

1. A written declaration request for granting the criminal record card according to form
2. Passport and Visa
3. Permanent residence card, temporary residence card, temporary residence book or temporary residence certificate of ward, commune or township police.

The case that a person is authorized by the client to submit documents will have to submit additional documents as follows:

1. A written declaration request for granting the criminal record according to form
2. Passport and Visa
3. The original of authorization letter. The case that the person requesting for criminal record card issuance is parents, spouses, children of whom have been granted the criminal record card is not required to have the authorization letter but will be replaced with papers to prove relationship (birth certificate, certificate of marriage)
4. Identity card (or passport) of authorized person.

Time limit for settling: 10 working days

There will be criminal record form 1 or criminal record form 2 to be requested.

Lawyers at ANT Lawyers, a law firm in Vietnam will be available to assist client to apply and obtain the criminal record in Vietnam.

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CHANGE OF CHILD RAISING PERSON AFTER DIVORCE

When divorce, children raising issue is very important and is always considered by the parties. Typically, parents always want the best for their children. However, there are also cases that the person who is raising that child unable to provide comprehensive benefits for the child. Then the person who is not directly raise the child may request for caregiver to ensure human rights.

ANT Lawyers would advise to customers some of the content in the issue of stipulating caregiver and change of caregiver after divorce.

• The nursing, take care, educating and parenting after divorce

After divorce, parents are still obliged to look after, take care, educating, parenting minors or adults who are disabled, lost their civil act capacity, inability to work and have no property to support themselves.

The person who is not directly raises children have to provide rearing support.

Husband and wife agree on the person who directly raise the children, the rights and obligations of each party after divorce to their children; if no agreement is reached, the Court decided to assign one party to directly raise children based on the interests of that children in all aspects; if the children is nine years old or older, the wishes of the children must be considered.

In principle, children under three years of age are directly raised by the mother, unless the parties agree otherwise.

• Change the person who directly raises children after divorce

For the benefit of the children, at the request of one or both parties, the Court may decide to change the child directly raising people.

The change of child directly raising people after divorce is conducted in case the people who directly raise the child does not guarantee the rights of the child in all aspects. Moreover, if the child is nine years old or older, we have to take into consideration the aspirations of the child.

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