How To Get A Criminal Record (Police Check) For Foreigners In Vietnam | Documents, Procedures, Fees And Processing Time

A criminal record is the essential document when submitting request for Vietnam work permit. For those who live in Vietnam for more than 6 months, a Vietnam criminal record is required. What is a criminal record? What documents required to get Vietnam criminal record and how to process it? Let see the information below.

1/ What is a Vietnam criminal record?

The criminal record  (or also called Police check or police clearance certificate, or in Vietnamese – Phieu Ly lich tu phap) (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.

2/ Who needs criminal record (police clearance certificate) in Vietnam?

Foreigners who want to apply for Vietnam work permit need a criminal record (or police clearance certificate), and they will be issued with the certificate by the Vietnam authority if they resided or has been residing 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.

The police clearance certificate No. 1 is for:

• Vietnamese citizens and foreigners who resided or are currently residing in Vietnam and want to get a Criminal Record for professional purposes: apply for a new job, apply for a work permit, etc.
• State agencies, political organizations and socio-political organizations that may request the issuance of judicial record cards to serve the personnel management, business registration, establishment and management of enterprises or cooperatives.

And the police clearance certificate No. 1 will show 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.

The police clearance certificate No. 2 is for:

• Procedure-conducting agencies may request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.
• Individuals who are Vietnamese and foreigners, those do not have a permanent residence, do not have a temporary place of residence or have no place of residence, for the purpose of applying for study abroad, getting married abroad, applying for a job in a foreign company, or applying for citizenship, etc.

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. And, following is the guide for you.

3/ Documents and where to submit a criminal record (police clearance certificate) in Vietnam

Conditions for granting criminal records to foreigners:

According to the provisions of the Law on Judicial Records, the conditions for granting criminal records for foreigners in Vietnam are those 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 for foreigners

• Form requesting issuance of the police clearance certificate 05a/2013/TT-LLTP (you can download it here).
• Certified copy of passport of the person requested to be issued a criminal record;
• Certified copy of valid Vietnam visa or certificate of permanent or temporary residence

In case of authorization, the following papers are required:

• Original authorization document in accordance with the law (which is notarized, authenticated in accordance with the law)
• 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 to submit criminal record (police clearance certificate) in Vietnam

• 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 can 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 stay. 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.

4/ How to get a criminal record (police clearance certificate) in Vietnam

A criminal record can be submitted by agents or by individual. If you submit by yourself, you should base on these steps:

Step 1: Register for issuance of online criminal record certificate

• Visit https://lltptructuyen.moj.gov.vn/home?locale=en and select your case as “Foreigners is residing in Vietnam”, and then select your residence, such as Hanoi city in this example.
• Press the “GET STARTED” button on the main screen
• Enter the full details of the declaration in the corresponding fields.

There are 6 sections you have to complete:

• Personal information
• Information of family members
• Residence process (from age of 14 to present)
• Other information
• Upload file
• Postal service

The information which needs to complete in “Personal information” includes:

• Full name
• Sex
• Date of birth
• Place of birth
• Nationality
• Ethnicity
• Permanent address
• Current address
• Identity documents (Number of ID card, date of issue, place of issue)
• Telephone number
• Email

And then,

• in the “Information of family members”, you provide the information (name and date of birth) of the mother, father, and spouse (if any).
• In the “Residence process (from age of 14 to present)”, you should note clearly what and where you do, that is a permanent or temporary residence.
• The section of “Other information” makes clear some details about the type of declaration, object of declaration, purpose, request criminal record certificates, whether manage or run a company that has been declared bankrupt by a court, and the fee level.
• Next, you attach all the necessary documents (Application form, Identification card/Passport (Scan), Family register (Scan), Payment receipt) in the “Upload file”.
• Finally, you decide to use or not use the post service, then click “I hereby certify that all the information given above is true and I am responsible for my testimony and all the services registered”.
• After finishing, press “NEXT” button.
• Review the information you have just entered. If it is correct press “NEXT”. You can print the declaration and sign it at this step.
• Record your code displayed on the screen. Click the “FINISH” button to finish;

Step 2: Visit the Department of Justice or National Center for Judicial Records to submit your documents or send them via the postal service

The submission should be done in the morning as the Department of Justice or National Center for Judicial Records is often closed or cannot accept applications in the afternoon.

Step 3: Pay the fee for a criminal record issuance

There are 3 methods of payment of the fee for the issuance of a criminal record:

• Transfer money directly to the Department of Justice’s account. (If paid in foreign currency, it will be converted into Vietnamese currency at the current exchange rate).
• Direct payment at the Department of Justice (not applicable to payment in foreign currencies).
• Transfer money via postal service when sending the application file with the receipt of the fee transfer to the Department of Justice (not applicable to payment in foreign currency).

Step 4: Receive an appointment paper to get the results

After completing all procedures, you will be issued an appointment paper. If submitted by mail, the appointment paper will be sent to the requestor’s email at the time the application is completed.

Step 5: Get the result

After the application is approved, the applicant arrives at the place where the application was submitted to get the result. Besides, the police clearance certificate will be sent to the address listed in the registration form via mail, if the applications are submitted by post.

If you are not clear in any step, or if you want to use the service to do criminal record for you, just let us know through email info@vietnam-evisa.com

5/ Vietnam criminal record (police check) processing time & fees

Normally, the processing time of a request for police check by the Department of Justice or National Center for Judicial Records is 10 working since receipt of full documents and payment.

The Vietnam Police Check Fee is 200,000 VND. In case the person who is issued with the police clearance certificate requests to issue more than 2 copies at a time, from the 3rd copy onwards, the additional cost is 5,000 VND/copy.

6/ Validity of Vietnam criminal record

In fact, there are no clear and uniform regulations on how long the judicial record will last. Depending on the legal documents in different fields and the requirements of agencies and organizations wishing to find out the criminal status of individuals, the criminal record will be valid for a certain period of time.

Therefore, when requesting a criminal record, you must know what the purpose is for and specific requirements of the relevant agencies and organizations to ensure the validity of the document.

Above is all information about Vietnam criminal record (police check). If you have any question, just fee free to ask us through info@vietnam-evisa.com