CRIMINAL RECORD SERVICE IN VIETNAM FOR FOREIGNER

Saturday, 23/02/19

Vietnam criminal record is valid for 6 months the date is was issued and it takes from 15 to 20 days to get the certificate. In the new regulation, foreigner who lives in Vietnam less than 06 months could apply for criminal record in Vietnam, the competent authority that granting the criminal record for foreigner is the Department of Justice of the province or city where foreigner is residing. The Criminal record certificates (also called “Phieu Ly Lich Tu Phap”, “judicial record cards”, “police clearance certificates” or “police check”) means that the certificates 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.

OVERVIEW OF VIETNAMESE CRIMINAL RECORD

Criminal record for foreigners is aimed at legalization, document supplement to apply for Work Permit, the procedures of marriage registration, adoption or other matters must be done at the demand of relevant agencies. Conditions to apply for Vietnamese criminal record for foreigners are that they must stay in Vietnam for more than 1 month and obtain passport and temporary residence book/orders at locality, certificated by public security of commune where they are residing.

Criminal record is issued by the agency of database management of criminal record worthing to prove that the individuals have or have not criminal record, ban or not banned from holding position, establishment, business management, cooperation in case of the businesses, cooperatives were declared bankrupt by Court.

In the new regulation, foreigner who lives in Vietnam less than 06 months could apply for criminal record in Vietnam, the competent authority that granting the criminal record for foreigner is the Department of Justice of the province or city where foreigner is residing.

Also please note that the criminal record which is issued by another country, when using in Vietnam to apply for work permit, it must be translated, legalized and notarized in accordance with the law of Vietnam.

TWO MAIN TYPES OF VIETNAMESE CRIMINAL RECORD

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;
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.

REQUIRED DOCUMENTS FOR VIETNAMESE CRIMINAL RECORD APPLICATION

A form for criminal record application;
Original passport of the person requested to be issued a criminal record;
A valid Vietnam visa;
A copy of the household registration book or certificate of permanent or temporary residence of the person requested to be issued a criminal record card;

Individuals may authorize other persons to carry out procedures for requesting the issuance of criminal record. The authorization must be established in writing under law. In case a requester for a criminal record card is a parent, spouse or child of the person requested to be issued a criminal record card, no written authorization is required but they have to prove by written evidence

Individuals who requests criminal record card No. 1 could not authorize other persons to carry out procedures for requesting the issuance of criminal record cards. Besides, the person who is exempted from criminal record card must submit the evidence.

PROCESSING TIME AND VALIDITY

The time limit for issuance of a criminal record card is 15-20 days after the receipt of a valid request.
Vietnam criminal record is valid for 6 months from the date it was issued

CRIMINAL RECORD IN VIETNAM AND OTHER COUNTRIES

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.
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 FOREIGN CRIMINAL RECORD IN VIETNAM

The criminal record which is issued by another country, when using in Vietnam to apply for work permit, it must be translated, legalized and notarized in accordance with the law of Vietnam.

The criminal record can be legalized via 2 options below:

Option 1: LEGALIZE IN THE COUNTRY WHERE THE EXPAT IS RESIDENT

Certified by native Ministry Foreign Affair and
Legalized by Vietnamese embassy or consulate overseas of the country where the expat is resident “RECOMMEND”

Option 2: LEGALIZE AT HOME COUNTRY EMBASSY OR CONSULATE IN VIETNAM

Certified by home country embassy or consulate in Vietnam then
Legalized by Ministry of Foreign Affair in Vietnam

OTHER INFORMATION RELATED TO VIETNAM'S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD

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CRIMINAL RECORD SERVICE IN VIETNAM FOR FOREIGNER

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