Hello Lawyer X, I am a Korean currently living and working in Vietnam, because of work and family factors, I have to move to the US to live and continue to work, so I need to apply for a resume. Justice. So how to apply for a criminal record for foreigners in Vietnam? Please advise.
Hi, criminal record is one of the types of information papers issued by competent state agencies to individuals who need to use and request a criminal record for many different purposes. So what is a criminal record? How to apply for a criminal record for foreigners in Vietnam? How is the procedure? Let’s find out with Lawyer X.
Legal grounds
- Law on Judicial Records No. 28/2009/QH12
- Circular No. 244/2016/TT-BTC
- Decree No. 152/2020/ND-CP
What is a criminal record?
Judicial record is a type of information and papers issued by a competent authority at the request of an individual. Specifically, in Clause 1, Article 2 of the Law on Criminal Records, the definition of criminal record is given as follows.
Judicial record means a personal record of a criminal record of a person who has been convicted of a crime by a legally effective court judgment or decision, certifying that individual’s judgment enforcement and prohibition assume positions, manage enterprises and cooperatives when the enterprises and cooperatives are declared bankrupt by the court.
Judicial record card is a ticket issued by a competent agency managing judicial record data, valid for proving at the time of application, whether the individual has a criminal record, is able to hold a position, established manage enterprises and cooperatives when the enterprises and cooperatives are declared bankrupt by the court.
Judicial record cards are divided into two types: No.1 judicial record cards and No.2 judicial record cards.
Conditions for applying for Criminal Records for Foreigners
According to Article 7 of the Law on Judicial Records No. 28/2009/QH12, the following foreigners have the right to request a Vietnamese criminal record:
Foreigners residing in Vietnam, and
Foreigners already residing in Vietnam.
Where do I apply for a Criminal Record Certificate for Foreigners?
According to Article 44 of the 2009 Law on Judicial Records, which regulates the competence to issue Judicial Records Cards, then:
Foreigners currently residing in Vietnam will apply for a Vietnamese criminal record card at the Department of Justice where they reside, for example:
Foreigners residing in Hanoi will apply for a criminal record card at the Hanoi Department of Justice at 1B Tran Phu, Mo Lao Ward, Ha Dong, Hanoi;
Foreigners residing in Ho Chi Minh City will apply for a Criminal Record Certificate at the Department of Justice of Ho Chi Minh City at 143 Pasteur, Ward 6, District 3, Ho Chi Minh City;
Foreigners in Da Nang apply for a Criminal Record Certificate at the Department of Justice of Da Nang City at 16 Bach Dang, Thach Thang, Hai Chau, Da Nang
…..
Foreigners who have resided in Vietnam will apply for a Criminal Record Certificate for the period of stay in Vietnam at the National Center for Criminal Records, address:
Address: 6th floor, Administration Building – Library, 09 Tran Vi street,
Mai Dich Ward, Cau Giay District, Hanoi City
Phone number: (024)3203.1313
How much is the criminal record for foreigners?
Each Foreigner who makes a criminal record must pay a criminal record fee of 200,000 VND/vote. This fee can be paid in 3 ways:
Transfer to the account of the criminal record issuer (can be done in foreign currency);
Submit directly at the Judicial Record issuer (using only Vietnamese currency); or
Transfer money via postal service when sending the application file for issuance of a criminal record card together with a receipt of money transfer of fees and charges to the Judicial Record-issuing Unit (using only Vietnamese dong).
In addition, if applying by post or online, the requester will also have to pay a delivery fee of approximately:
From VND 20,000 – 60,000 if delivered in Vietnam, or VND 700,000 – 2,000,000 if shipping abroad.
Time to issue Criminal Record Certificates for Foreigners
Time to issue criminal record cards to foreigners at the National Center for Criminal Records or the Department of Justice does not exceed 15 days from the date of receipt of complete and valid dossiers.
If you receive your results by post, you will need an additional 1-3 days for the results to be sent to the requested address.
Procedures for making criminal records for foreigners
There are 4 ways to make a criminal record for foreigners who have been or are in Vietnam, including:
Option 1: Use the registration service to issue a criminal record card – Fastest and easiest
Option 2: Apply by yourself or authorize a friend/relative/human resources officer of the company that the foreigner is working to apply directly at the Judicial Record issuer;
Method 3: Apply online;
Option 4: Apply by post
Below is the specific process/procedure for each.
Use the service of Making a Criminal Record Check
Using the registration service to issue a Criminal Record Certificate is the fastest and easiest way to apply for a Criminal Record Certificate for Foreigners with 3 steps as follows:
Step 1: Submit personal information and scan passport to Vietnam-visa.com.
Step 2: Vietnam-visa will process the application, fill out the form and submit it to the National Center for Criminal Records to apply for a Criminal Record.
Step 3: Vietnam-visa completes the service requests and returns the results to the requested address within the scheduled time.
With more than 10 years of experience in handling criminal record card requests, Vietnam-visa offers outstanding advantages.
Submit directly at the unit issuing the criminal record card
Under this form, whether foreigners directly apply or authorize others to apply, they must follow the 3-step process as follows;
Step 1: Prepare documents
The foreigner or the person authorized to apply for a Criminal Record for Foreigners will prepare a set of documents according to the list listed in the section of Application for Criminal Record for Foreigners in an equivalent form.
Step 2: Submit your application:
Applications for Criminal Records for Foreigners will be submitted at:
Department of Justice in the province/city of residence if you are applying for temporary residence in Vietnam, or
National Center for Criminal Records if you have ever lived in Vietnam but are currently abroad.
After that, the applicant will pay a criminal record fee to the unit for consideration and issuance. After that, the person applying for a criminal record card will receive an appointment letter for issuance.
Step 3. Get Result
On the date indicated on the appointment letter, the requester with ID/Passport will come to receive the result of the Criminal Record Certificate for the foreigner.
Upon receiving the results, the recipient must check all the information on the issued Criminal Record Card.
Making criminal records for foreigners online
To save time, foreigners can also apply for criminal records online. Procedures for making online criminal records for foreigners are as follows:
Choose the right applicant:
Foreigners residing in Vietnam; or
Foreigners already residing in Vietnam;
Enter the Declaration;
Pay the criminal record registration fee by post or transfer directly to the account of the Judicial Record Issuer (if the application is not submitted in person).
Submit your application according to the list of instructions above and receive the results.
Making criminal records for foreigners by post
This is also a way to save a lot of time for foreigners when they need to apply for a Vietnamese Criminal Record, even if that foreigner is in Vietnam or has been in Vietnam.
The process of making criminal records by post for foreigners is as follows:
Step 1: Prepare documents according to the instructions above,
Step 2: Transfer the fee to the account of the Judicial Record Issuer or pay the fee by post if the application is not submitted in person.
Step 3: Bring the file to the post office to send to the Judicial Record issuer.
Step 4: Check your email or text message to see the results or request additional records.
Step 5: Get the result in the selected form.
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Frequently asked questions
Currently, there is no document specifying the validity period of Criminal Records in general as well as the duration of Vietnamese Criminal Records for foreigners.
The time limit for criminal records for foreigners may be specified according to the purpose of using the criminal record card, for example:
For example, according to the provisions of Decree 152/2020/ND-CP stipulating the application for a work permit for foreigners in Vietnam, the foreigner’s criminal record must be issued no more than 06 months. months from the date of issue to the date of application submission.
Children according to the provisions of the Law on protection, care and education of children.
The elderly according to the provisions of the Law on Elderly.
Persons with disabilities as prescribed in the Law on People with Disabilities.
People from poor households according to the provisions of Decision No. 59/2015/QD-TTg dated November 19, 2015 of the Prime Minister on promulgating the multi-dimensional approach poverty line for the 2016-2020 period.
People residing in extremely difficult communes, ethnic minorities in communes with extremely difficult socio-economic conditions, border communes, and safe zone communes as prescribed by law.
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