June 28, 2020
FAQ Visa tips

Judicial Record Certificate Granting for Foreigner in Vietnam

When a foreigner in Vietnam applies for a work permit, one of the requirements that he or she is required to submit is the judicial record certificate. This document is also required in some immigration procedures.  The judicial record certificate, which is also called the police record certificate or criminal record certificate, is issued to foreigners who are living in Vietnam and those who have lived for at least 6 months in the country.

Foreigners who are no longer in Vietnam but have resided in the country in the past for more than 6 months can still apply for this document. The document can be applied from the Dept. of Justice of the province where the foreigner lived or used to live. This document will serve as proof of whether the person has committed a crime or not during his or her stay in Vietnam. For foreigners who are outside the country, they can authorize another person to apply for the judicial record certificate on their behalf. However, they need to provide a Special Power of Attorney through a local lawyer in Vietnam.

Two Types of Judicial Record Certificate

There are two types of judicial record certificates that a foreigner in Vietnam can apply. According to Article 41 of Vietnam’s Law on Criminal Records, the two types of criminal records are Form No. 1 and Form No. 2

The biggest difference between the two is that Form No. 1 will only record sentences that were not removed in the criminal records of Vietnam. So if a person has a criminal case but this particular case has already been deleted, the document will say, “no criminal record”.

On the other hand, the Criminal Record Form No. 2 will record everything, whether the case has been deleted or not.  It will show all previous criminal convictions, including those cases that have already been closed.

The type of judicial record certificate that the person will apply will pretty much depend on how the individual will use the form. However, it is the Criminal Record Form No. 1 that’s commonly requested. This is the document that’s required for the issuance of work permits in Vietnam, which will allow them to take up jobs in the country.

Documents Needed for the Application of Judicial Record Certificate

Individuals who are requesting a judicial record certificate are required to provide the following documents during application. Your application of the judicial certificate will not be granted if you fail to comply with these requirements.

For Vietnamese nationals:

  • Written declaration requesting a judicial record certificate to be issued.
  • A certified true copy of passport, identity card, family record book, temporary residence card, temporary residence book, and permanent resident card. The original copy must be presented for comparison.
  • Confirmation of permanent residence while living in Vietnam. This applies to Vietnamese nationals who are already living outside the country.

For foreigners:

  • Written declaration requesting the criminal record to be issued.
  • Copy of passport and Vietnam visa. Make sure both are still valid.
  • Confirmation of being a temporary resident in Vietnam.

Guide to Preparing the Required Documents

To save time, it’s very important that you submit the correct documents. Although it will roughly take 3 – 7 business days for the judicial record certificate to be processed, it could take longer if you end up submitting the incorrect documents. So here’s a guide on how to prepare these documents.

  • Application Form

If you’re going to apply in person, then you need to personally submit the application form to the provincial Dept. of Justice. The form must be accomplished in the Vietnamese language. So for foreigners who need assistance, there are local agencies that can assist you with this. They will translate the form so you will know the things you are writing there.

On the other hand, if you will choose to apply online, the online application form is available in English and Vietnamese. Take note that in the section for “Residence Process”, the current temporary residence of the applicant should be in Vietnam.

  • Temporary Residence Confirmation

For the temporary residence confirmation form, your landlord should be able to assist you with this. If you can’t get a temporary residence confirmation from your landlord, you can instead get a signed letter from your local ward police to confirm your residence. This is also applicable to those whose landlords have registered them incorrectly or cannot provide them with the “house book” for some reason.

  • Notarized Documents

For applications submitted through the post, applicants are required to send in a notarized copy of their passport along with a valid Vietnam visa. They must also submit a notarized temporary residence confirmation certificate. Both the original copies and photocopied documents must be submitted to the People’s Committee in the District where you reside in order for them to be notarized.

PERHAPS YOU ARE INTERESTED IN

The judicial record certificate is an important requirement for various purposes in Vietnam. This document is also known as police clearance, criminal record certificate, and police check.

There are many reasons why a foreigner may need to request a judicial record certificate in Vietnam. But it usually has something to do with applying for a work permit.

Also known as the police clearance certificate, the judicial record certificate can be obtained in three different ways. You can either: Go directly to the National Center for Criminal Records or the Ministry of Justice of Vietnam to apply in person.

The judicial record certificate is legal proof of an individual’s criminal convictions in Vietnam. These are based on the criminal decisions and judgments made by the court.

Here’s how to obtain a judicial record certificate in Vietnam: Foreigners who have been residing in Vietnam for the past six months can request for the certificate directly from the Provincial Justice Dept. of where they reside.

When applying for the judicial record certificate in Vietnam, there are requirements that you need to submit. These include the following: Declaration form requesting for the issuance of judicial record certificate.