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Guide to Obtaining a Vietnam Criminal Check in Vietnam

Jun 02, 2020 821 Views By Ngo Long

The police clearance certificate (also called “Phieu Ly Lich Tu Phap”, “judicial record cards”, “police clearance certificates” or “police check”) (according to Clause 1, Article 2 of the Law on Judicial Records in 2009) is the paper issued by agencies managing judicial record databases (provincial-level Justice Departments or National Center for Judicial Records), in which the content proves:

 
  • Individuals with or without criminal records, judgments or decisions of the Court during their stay in Vietnam

  • Whether an individual is currently banned from holding a position in the enterprise or establishing or managing an enterprise declared bankrupt by the Court.

Who Needs It?

Foreigners who want to apply for Vietnam work permit need a criminal record (or police clearance certificate):

  • If a foreigner has not entered Vietnam or has entered the country but has not yet reached the period of 06 months, a criminal record in the country of nationality is required. The laws of each country are not the same, so the rules for issuing criminal records are different.

  • For foreigners who have been temporarily residing in Vietnam for more than 6 months, the procedure for applying for criminal records for foreigners is a mandatory activity. Foreigners can apply for a criminal record at the Justice Department of the province where the foreigner resides.

Forms of Police Clearance Certificate in Vietnam

According to the Law No. 28/2009/QH12 of June 17, 2009, on judicial records, there are 02 forms of police clearance certificate in Vietnam: No. 1 and No. 2.

Criminal record card No. 1, which shall be issued to Vietnamese citizens and foreigners who resided or are currently residing in Vietnam, 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

It shows the following information:

  • Applicant’s personal information: Full name, gender, date of birth, place of birth, nationality, permanent/temporary residence, ID/Passport number

  • Previous criminal conviction:

    • “Không có án tích” (no previous criminal conviction ) for those who have never violated the law OR had a criminal conviction which has been remitted and such remission has been updated in his/her judicial records, OR had a criminal conviction which was subject to amnesty and such amnesty has been updated in his/her judicial records.

    • “Có án tích” (with a previous criminal conviction) with the contents of the committed crime, principal and additional penalties for those who have committed violations or previous criminal records that have not been remitted.

Criminal record card No. 2, which shall be issued to  Procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work and at the request of individuals who want to know their judicial records.

This Form No. 2 states both spent and unspent convictions.

So, normally, as a foreigner in Vietnam applying for a work permit, you need to get the Police Clearance Certificate Form No. 01. 

Conditions for granting criminal records to foreigners

According to the provisions of the Law on Judicial Records, the condition for granting criminal records for foreigners in Vietnam is that foreigners must be temporarily staying in Vietnam.

The temporary residence in Vietnam is expressed at the time of the visa or temporary residence card of the foreigner who has registered temporary residence with the police of the commune, ward or town where she/he is staying. The registration of temporary residence is indicated in the temporary resident book or certificate of temporary residence registration issued by the police.

Documents for applying for the criminal record No. 1 

  1. Form requesting issuance of the police clearance certificate 05a/2013/TT-LLTP 

  2. Certified copy of passport of the person requested to be issued a criminal record

  3. Certified copy of valid Vietnam visa or certificate of permanent or temporary residence

In case of authorization, the following papers are required:

  1. Original authorization document in accordance with the law (which is notarized, authenticated in accordance with the law)

  2. Identity card (or passport) of the authorized person.

In case the applicant for a criminal record is a parent, spouse and child of the person who is issued with a police clearance certificate, no power of attorney is required but it is replaced by papers to prove the relationship (birth certificate; marriage certificate; etc.)

Note: The documents in the profile can be submitted without a certified copy, but it is necessary to bring the original for comparison.

Place of submission

  • Foreigners residing in Vietnam shall submit their application documents to the Department of Justice in the place of residence;

  • In case of living outside Vietnam, the applicant submit their application documents at the National Center for Judicial Records.

In addition, state agencies, political organizations and socio-political organizations, requesting the police clearance certificate for a person, shall send documents to the Department of Justice where that person permanently resides or temporarily stays. In case it is impossible to identify the permanent or temporary residence place of that person issued, the documents can be submitted to the National Center for Judicial Records.

Police check certificate/ criminal record in Vietnam and other countries

  1. The case that foreign workers have stayed in Vietnam must obtain criminal record issued by the national criminal record center or the case that foreigners are staying in Vietnam for now must obtain criminal records issued by Justice Department of the province and city directly under the central authorities and the written confirmation that they are not offenders or prosecuted for criminal liability in accordance with provisions of foreign law, issued by the competent authorities of foreign countries.

  2. In case that foreign workers have never stayed in Vietnam must have written confirmation that they are not offenders or prosecuted for criminal liability in accordance with provisions of foreign law, issued by the competent authority of foreign countries. 

How to use a Vietnamese police check certificate in foreign country

The Vietnamese Police Check Certificate is issued by Vietnam government, when using in foreign country to apply for work permit or other purposes, it must be translated, notarized and legalized by competent authorities of the country where the documents were issued in accordance with the law of Vietnam and foreign laws

The Vietnamese Police Check Certificate/ Vietnamese criminal record can be completed through 3 steps in Vietnam to use legally in overseas

Step 1: The Vietnamese Police Check Certificate must be translated into English or another language by competent translation offices to meet the purpose of use

Step 2: The Vietnamese Police Check Certificate must be authenticated at a competent notary of the country where the documents were issued.

Step 3:  The translated and notarized documents must be certified by Vietnam Ministry of Foreign Affairs where the documents were issued.

May you have any questions, please feel free to contact us at +84.899.33.12.12 or email us at [email protected]

Our address: No. 88 Xa Dan Street, Phuong Lien Ward, Dong Da Dist, Hanoi, Vietnam

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