Criminal Checks (also known as Police Checks, Police Clearances or Criminal Record Certificates) are required documents in Vietnam for a number of purposes, including for most Work Permit applications. This document looks at process and requirements in detail to help those needing this document in Vietnam.
What is a Criminal Record Certificate?
A Criminal Record is a certificate issued by an authority to manage the judicial record database and valid to prove whether an individual has a previous criminal conviction, or is banned from holding certain posts, establishing or managing enterprises or cooperatives where enterprises or cooperatives have been declared bankrupt by a court.
Foreign individual residing in Vietnam, no matter how long they actual reside in Vietnam, have the right to request the Department of Justice where they register for stay to issue a Criminal Record.
Types of Vietnam Criminal Record Certificates
Accordance with Article 41, Law on Criminal Records, there are 2 types of Criminal Record Certificates: Criminal Record Form No. 1 And Criminal Record Form No.2.
The differences between these two types is that he Criminal Record Form No.1 only records sentences that have not been removed. If the case has been deleted, it will state “no criminal record”. Criminal Record Form No. 2 records all previous criminal convictions regardless of whether it was deleted or not.
Depending on the purpose of use, either Criminal Record Form No. 1 or Criminal Record Form No. 2 would be required. Criminal Record Form No. 1 is commonly required for the issuance Work Permits for foreign individuals to work in Vietnam.
How to obtain a Criminal Record Certificate
Authority
Department of Justice (“DOJ”) of the Province or City where the foreigner is residing. For the foreign individuals living in Ho Chi Minh City, Danang and Hanoi, please refer:
- DOJ in Ho Chi Minh City: 141-143 Pasteur St., Ward 6, District 3, Ho Chi Minh City
- DOJ Danang: 16 Bach Dang St., Thach Thang Ward, Hai Chau District, Danang
- DOJ Hanoi: 221 Tran Phu St., Van Quan Ward, Ha Dong District, Hanoi
Lodgement
| Item | In Person | Online |
|---|---|---|
| Submission | Bring all required documents to the Provincial Department of Justice. Lodgement should be undertaken in the morning as offices are often closed or cannot accept applications in the afternoon. | Online submission is an alternative if unable to submit it in person. After completing required information, an address is required where a courier can collect the original documents. *Note: Record the application code displayed on screen before clicking the “FINISH” button. |
| Required documents |
| As it is required to send applications by courier/post, applications submitted this way is slightly different from the in person submission:
|
| Timeline | 15 working days from the date the authority receives the application from the applicant. The timeline for online submission can result in additional days for couriering. | |
| Statutory Fees | VND200,000 per criminal record, excluding any courier fees for online submissions. | |
| Document Collection | Applicants can choose to collect results at the Department of Justice, or receive them by post. | |
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