A Vietnam Police Check is a crucial document that verifies an individual’s legal status. Essential for work permits, job applications, overseas studies, and naturalization processes, this certificate plays a vital role in various life-changing situations. This comprehensive guide demystifies the process of obtaining a Vietnam Police Check for both foreigners and Vietnamese citizens, ensuring you’re well-prepared for your next big step.
What is a Vietnam Police Check?
A Vietnam Police Check (also known as Vietnam Criminal Record Certificate) is a type of document issued by the Department of Justice or the National Criminal Record Certification Center, proving:
- Whether an individual has a criminal record, a verdict or a penalty decision from the Court during their residence in Vietnam or not.
- Whether an individual is prohibited from holding positions in an enterprise or establishing or managing an enterprise declared bankrupt by the Court or not.
Issuing a criminal record helps ensure transparency in the process of verifying personal information.
Legal Basis: How Does Vietnamese Law Regulate Police Checks?
The legal foundations for the obligation to comply with the provisions of police check in Vietnam are as follows:
- The Law on Judicial Records No. 28/2009/QH12;
- Regulation on Charges, Collection Regime, Payment, Management, and Use of Fees in Providing Judicial Records Information;
- No. 44/2016/TT-BTC (dated November 11, 206);
- Regulation on Foreign Workers Working in Vietnam and Recruitment and Management of Vietnamese Workers Working for Foreign Employers in Vietnam No. 152/2020/ND-CP;
- Decree 70/2023/ND-CP, issued September 18, 2023, which made various amendments to and supplemented provisions in the Decree No. 152/2020/ND-CP.
Types of Vietnam Police Checks: What’s the Difference
According to Article 41 of the Law on Criminal Records, the police check is divided into 2 types:
How Does Police Check No. 1 Work
- Issued to Vietnamese citizens and foreigners who have or are residing in Vietnam to apply for jobs, work permits, etc.
- Issued to agencies and socio-political organizations to serve personnel work, business registration, enterprise management, etc.
The police check No. 1 records unexpunged criminal records. If an individual has no criminal record or has had his/her criminal record expunged, the criminal record will not be shown on the paper. The person requesting the certificate can authorize another person to submit the application on his/her behalf.
When Should You Get Police Check No. 2
- Issued to agencies conducting proceedings (such as the police, the procuracy, the court) to serve investigation and judgment work.
- Issued to individuals when they need to look up their own criminal record information.
The police check No. 2 records all criminal records, including unexpunged and expunged criminal records. To protect personal privacy, foreigners are not allowed to authorize anyone to apply on their behalf.
Who Needs a Police Check in Vietnam?
Why Do Current Foreign Residents Require Police Checks?
Foreigners currently residing in Vietnam need a police check to apply for a work permit in Vietnam, obtain citizenship, or complete marriage procedures… a police check proves their legal status and compliance with Vietnamese laws during their stay.
When Do Former Vietnam Residents Need Police Checks?
Individuals who previously lived in Vietnam need a police check to apply for a visa or work in other countries. It is necessary to verify their criminal status during their stay in Vietnam. A police check is also required when individuals want to conduct major transactions such as buying and selling real estate or taking out a bank loan.
In What Situations Do Vietnamese Citizens Need Police Checks?
Vietnamese citizens need a police check when applying for a job, visa or studying abroad. Some positions in the government or in the banking and education sectors also require a clear police check.
Where to Obtain a Vietnam Police Check Certificate
In Vietnam, there are 2 places that support the issuance of police checks:
How to Get a Police Check from the National Center for Criminal Records
The National Center for Criminal Records, which is under the Ministry of Justice, is responsible for conducting police checks on Vietnamese citizens whose permanent or temporary residence is unknown, as well as foreigners who are residing in Vietnam.
Department of Justice
Department of Justice of provinces and centrally run cities: issue police checks to Vietnamese citizens permanently or temporarily residing in the country; Vietnamese citizens residing abroad; and foreigners residing in Vietnam.
How to Apply for a Vietnam Police Check: Step-by-Step Guide For Foreigners
Foreigners residing in Vietnam can apply for a police check certificate following these steps:
Currently in Vietnam
Step 1: Prepare the required documents
- Application form for a police check certificate
- Notarized copy of identification: ID card or passport
- A notarized temporary residence permit issued by the landlord
- A notarized power of attorney (if authorizing a third party to apply for a police check certificate No. 1) and a copy of the ID card of the authorized person.
Step 2: Register for issuance of online criminal record certificate
To save time, foreigners can register for an online police check certificate via the Ministry of Justice’s electronic information portal, fill in all personal information and documents. Print the application and submit it as required, receive the result directly at the Department of Justice headquarters or by post.
Foreigners residing in Vietnam submit to the Department of Justice where they reside in person, by post or online.
Step 3: Pay the application fee
The fee for applying for a police check certificate will be specifically announced at the agency receiving the application or on the online website. The fee can be paid in cash at the application submission point or via online banking (if available).
Step 4: Receive an appointment paper
After submitting the application, the applicant will receive an appointment letter stating the date of receiving the results. Processing time is no more than 10-15 working days from the date of receipt of a valid request.
Step 5: Get the police check results
Register to receive results directly at the Department of Justice or receive results via the postal system. The recipient brings identification documents and appointment paper to receive the police check certificate.
Review the information on the police check certificate, compare it with the original documents, and request immediate correction if there are any errors.
For Foreigners Who Previously Lived in Vietnam
Step 1: Prepare the required documents
- Application form for a police check certificate
- Notarized copy of ID card or passport
- Consular legalized power of attorney (if authorizing a third party to carry out the procedure for issuing a certificate for police check certificate No. 1)
- A copy of the authorized person’s ID card.
- Notarized translation of the power of attorney into Vietnamese
Step 2: Submit the application from abroad
Foreigners who have left Vietnam can apply for a police check certificate to the National Criminal Record Center before leaving the country or send it by post.
Check it completely and accurately to avoid having the application returned.
Step 3: Procedure for receiving the police check certificate result
After applying, the applicant will receive an appointment letter stating the date of receiving the results. Processing time is no more than 10-15 working days from the date of receipt of a valid request.
The results will be sent to the registered address or bring identification documents and an appointment letter to receive directly at the National Criminal Record Center.
Required Documents for Vietnam Police Checks
According to Article 45 of the 2009 Law on Criminal Records, the documents required for criminal record procedures are as follows:
What Do You Need for Police Check No. 1?
- Original Application for a police check certificate
- Notarized copy of the ID card or passport of the person requesting the police check certificate
- Notarized temporary residence certificate provided by the homeowner
Individuals can authorize another person to carry out the procedure for issuing a police check certificate No. 1 and must have a power of attorney certified by a competent authority and a copy of the ID card of the authorized person. In case the authorized person is a relative (father, mother, wife, husband, child), no authorization letter is required.
What’s Required for Police Check No. 2?
The application for police check certificate No. 2 is carried out as prescribed for police check certificate No. 1 above. However, individuals are not allowed to authorize another person to carry out the procedures for issuing the certificate.
Vietnam Police Check: Processing Time, Fees, and Validity
How Long Does It Take to Get Your Certificate?
The time limit for issuing a police check certificate is no more than 10 days from the date of receipt of a valid request.
In case the applicant is a Vietnamese citizen who has resided in many places or has resided abroad, or a foreigner, the time limit will not exceed 15 days.
In urgent cases, the time limit is no more than 24 hours from the date of receipt of the request.
How much does a Vietnam criminal record certificate cost?
There are currently 2 fees for issuing a police check:
- 200,000 VND 1 time for 1 person.
- 100,000 VND/time/person for students, people with revolutionary contributions, relatives of martyrs
- If you want to issue 3 or more certificates at the same time, an additional 5,000 VND/certificate will be charged for the 3rd certificate and beyond
How Long Is Your Police Check Valid?
In fact, the current Criminal Record Law does not specify a time limit because the police check certificate only proves the police check status of the individual at the time of issuance. It is difficult to determine the exact validity period because the person issued the certificate may commit a crime after being issued a criminal record certificate.
Some areas have specific regulations on the validity period of the police check certificate as 6 months or 1 year from the date of issue
Therefore, when requesting a police check certificate, you must know the purpose of use and the specific requirements of the relevant agencies and organizations to ensure the validity of the document.
Using Criminal Record Certificates for Work Permit Applications
When to Use Police Checks Issued in Vietnam
Foreigners who want to work legally in Vietnam are required to have a Vietnamese police check certificate. This certificate proves that they have no criminal record, no criminal record, and no criminal record that has not been cleared during their stay in Vietnam.
The police check certificate must be issued at most 6 months from the date of submission of the application for a work permit.
How to Use Certificates Issued Abroad
Foreigners who have never resided in Vietnam can use a police check certificate issued abroad to apply for a work permit in Vietnam.
The police check certificate issued abroad must be translated into Vietnamese by a competent translation agency and must be consularly legalized. After translation, the translation must be notarized to ensure legality and accuracy.
FAQs: Top Questions About Vietnam Police Checks
What’s the Main Difference Between Check No. 1 and No. 2?
Only non expunged criminal records will be displayed on the criminal record check certificate No. 1. The person requesting the certificate can authorize another person to submit the application on their behalf.
The police check certificate No. 2 is used for legal and investigative purposes, so all criminal records should be recorded. To protect personal information, the person requesting the certificate cannot authorize another person to submit the application on their behalf.
Is Online Application Available for Vietnam Police Checks?
You can absolutely apply online for a police check certificate in Vietnam, this service saves time and is suitable for those who cannot directly apply to the Department of Justice or the National Criminal Record Center.
Above is all the information about the Vietnam police check certificate. Understanding the procedures and processes for submitting a police check application in Vietnam will help you go smoothly and ensure compliance with Vietnamese law. VTJ hopes with these instructions, you will be able to register your police check, even if it is your first time.