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. Vietnamese citizens and foreign individuals who need to apply for jobs in Vietnam are required to submit a judicial record certificate for their work permit application.
This article will look into the requirements and processes involved to obtain a judicial record certificate for foreigners in Vietnam. It will also look into the reasons why a foreigner may need to obtain this document.
What is a Judicial Record Certificate?
A judicial record certificate is a document issued by the agency in Vietnam that manages the criminal record database in Vietnam. The certificate will serve as valid proof of whether or not the person has a previous criminal conviction in Vietnam. It will also prove if the person is banned from taking up any post or from establishing or managing companies or enterprises in Vietnam.
Foreign individuals who are living in Vietnam or have lived in the country in the past are eligible to avail of the judicial record certificate. They have every right to request from Vietnam’s Dept. of Justice for a copy of their criminal record certificate.
Types of Vietnam Criminal Record Certificates
According to Article 41 of Vietnam’s Law on Criminal Records, there are two types of Judicial Record Certificates – Judicial Record Form No. 1 And Judicial Record Form No.2.
The main difference between the two forms is that the Judicial Record Form No. 1 will only record those convictions that haven’t been removed in the criminal record database. If a case has already been deleted, it’s going to state in the form, “no criminal record”. On the other hand, the Judicial Record Form No. 2 will record all criminal convictions, including those that have already been removed in the database.
Depending on the purpose of use, the applicant can request for either the judicial record form no. 1 or the judicial record form no. 2. When applying for a work permit, it is the criminal record form no. 1 that will be required. This applies to everyone, including foreign individuals who are planning to work in Vietnam.
Circumstances in Which Foreigners Will Need a Judicial Record Certificate
There are many reasons why a foreigner in Vietnam will need a copy of their judicial record certificate. However, the most common reason is when they need to apply for a work permit.
Foreigners who are applying for a judicial record certificate to be used for a work permit application are divided into two cases. In the first case, this applies to foreigners who are living in a foreign country or have lived in the country for less than 6 months. The judicial record certificate may also be submitted to other countries for certain purposes. However, it’s important to note that countries have different regulations on criminal records so the process of applying might also be different.
If the applicant will use a judicial record certificate that was issued by another country for their work permit application, it’s important that the certificate is translated to the local Vietnamese language. It must also be notarized and legalized according to the law of Vietnam.
The second case applies to a foreigner that continuous to reside in Vietnam temporarily for at least six months. They are qualified to apply for a judicial record certificate for the purpose of applying for a work permit or for other reasons. The judicial record certificate will be issued by an authorized agency in Vietnam that grants criminal records. It can also be obtained from the Dept. of Justice of the province where the foreigner resides.
Expiry of the Criminal Record Certificate
One of the questions that foreign applicants have when obtaining a judicial record certificate is the document’s expiry date. Currently, Vietnam’s Law on Criminal Records did not provide any regulations for the use and duration of the Judicial Record Certificate. However, depending upon the purpose of use and the specific authority, the expiry date of the judicial record certificate will vary.
For work permit application purposes, in pursuant to Clause 3 of Article 10 of the 11/2016/ND-CP Decree, the government requires the judicial record certificate to be issued no more than six months from the date of applying for the work permit.
In some instances, such as during the renewal or ceasing of Vietnamese nationality, the judicial record certificate must be issued within 90 days, as stated on Articles 28, 24, and 20 of the 2008 Vietnam Nationality Act, which was supplemented and amended in 2014.
If you have any questions or concerns regarding the application of judicial record certificate in Vietnam, it’s highly recommended that you get in touch with a local agency or a law firm that can further assist you.