Can Foreigners Get a Criminal Record Check in Vietnam?

1. Vietnamese Criminal Record System

The Vietnamese criminal record system is a centralized database maintained by the Ministry of Public Security. This system records information related to criminal convictions, arrests, and other relevant legal matters.

Record-Keeping Practices:

• Centralized Database: The system is designed to store and retrieve criminal records efficiently.
• Data Retention: The retention period for criminal records may vary depending on the nature of the offense and other factors.
• Accessibility: Access to criminal records is typically restricted to authorized government agencies and law enforcement personnel.

Foreign Individuals:

• Limited Access: Access to criminal records for foreign individuals may be more limited compared to Vietnamese citizens.
• Cooperation: The Vietnamese authorities may cooperate with foreign law enforcement agencies to exchange criminal record information in certain cases.

It's important to note that the specific practices and procedures related to criminal records in Vietnam may change over time. For the most accurate and up-to-date information, it is advisable to consult with the relevant authorities or legal professionals.

2. Eligibility for a Criminal Record Check

The Criminal Record Check, also known as Police Check (or also called Police clearance certificate, or in Vietnamese – Phieu Ly lich tu phap) (according to Clause 1, Article 2 of the Law on Judicial Records in 2009) is the paper issued by agencies managing judicial record databases (provincial-level Justice Departments or National Center for Judicial Records), in which the content proves:

Individuals with or without criminal records, judgments or decisions of the Court during their stay in Vietnam

Whether an individual is currently banned from holding a position in the enterprise or establishing or managing an enterprise declared bankrupt by the Court.

3. Application Process

Obtaining a criminal record check in Vietnam as a foreigner residing in the country can be done primarily online. Here's a breakdown of the process: 

Step 1: Online Application

• Website: Visit the Ministry of Justice's online portal: https://lassho.edu.vn/the-latest-guide-to-making-criminal-records-in-vietnam/
• Select Case: Choose "Foreigners Residing in Vietnam" and your city of residence (e.g., Hanoi city).
• Start Application: Click "GET STARTED" on the main screen.
• Declaration Details: Enter your information in the following sections:
  • Personal Information (name, date of birth, nationality, address, contact details)
  • Family Members (names and birth dates of mother, father, and spouse)
  • Residence History (details of permanent or temporary residences from age 14 onwards)
  • Other Information (type of declaration, purpose of request, bankruptcy history, fee level)
• Upload Documents: Scan and upload the required documents:
  • Application form
  • An identification card or passport
  • Family register
  • Payment receipt
• Postal Service: Choose whether you want to use the postal service to receive the certificate.
• Declaration Verification: Confirm the accuracy of all entered information.
• Print and Sign: Print the declaration for your records (optional).
• Record Code: Note the displayed code for future reference.
• Submit Application: Click "FINISH" to submit your online application.

Step 2: Document Submission

• Department of Justice or National Center: Visit the relevant office in person (ideally in the morning) to submit your documents.
• Postal Service Option: Alternatively, send your printed application and scanned documents via registered mail.

Step 3: Fee Payment

There are three ways to pay the processing fee for the criminal record check:

• Bank Transfer: Transfer the fee directly to the Department of Justice account (foreign currency will be converted to Vietnamese Dong).
• Direct Payment: Pay in person at the Department of Justice (not applicable for foreign currency).
• Postal Service: Include a receipt of your fee transfer with the application sent by mail (not applicable for foreign currency).

Step 4: Appointment Notification

• Appointment Paper: Upon completing the process, you will receive an appointment paper via email or in person depending on your submission method.

Step 5: Result Collection

• Approved Application: Once your application is approved, you can collect your criminal record check at the relevant office or receive it by mail if submitted through the postal service.

Important Note: This information is based on the provided instructions and may not be fully comprehensive. It is recommended to consult the official Ministry of Justice website for the latest updates and any potential changes in the application process.

4. Types of Criminal Record Checks

According to Article 2 of the Law on Judicial Records No. 28/2009/QH12 dated 17 June 2009, the Police Record Check is a document issued by the competent agency (the provincial Justice Department or the National Center for Police Records) to prove whether or not an individual has the previous criminal conviction, is banned to establish, manage enterprises in case the companies is declared bankrupt by Court.

There are two types of Police Clearance Certificates: Police Clearance Certificate No. 1 and Police Clearance Certificate No. 2.

• The Police Clearance Certificate No. 1 includes criminal conviction which is not removed, no records about the criminal conviction which is expunged, and information relating to the banning in establishing and managing the enterprise per request.
• However, the Police Clearance Certificate No.2 includes much more information, including all criminal convictions that are removed and are not expunged and information relating to the banning of establishing and managing the enterprise

For foreigners submitting a Work permit in Vietnam, the Criminal Record Check No. 1 is required, and this certificate should be obtained within 6 months from the days in which the application for a work permit is submitted to the Department of Labor.

5. Challenges and Limitations

Obtaining a criminal record check in Vietnam, especially as a foreigner, can present certain challenges and limitations:

1. Language Barriers: Communicating with Vietnamese authorities and understanding the procedures may be difficult if you do not speak Vietnamese fluently.
2. Administrative Hurdles: The application process may involve administrative delays or bureaucratic obstacles.
3. Privacy Concerns: There may be privacy regulations or restrictions in place that limit the availability or scope of criminal record information.
4. Data Accuracy: The accuracy and completeness of the criminal record information may vary, and there may be limitations in terms of the data available.
5. Time Constraints: The processing time for criminal record checks may be lengthy, and it's important to plan ahead to ensure that you have the necessary documentation on time.

To address these challenges, it is recommended to:

1. Seek Professional Assistance: Consult with a legal professional or translation services to help you navigate the process and communicate effectively.
2. Plan Ahead: Start the application process well in advance to allow sufficient time for processing.
3. Be Patient: The process may take time, so be patient and follow up if necessary.
4. Understand Limitations: Be aware of the potential limitations of criminal record checks and the information they may provide.

By understanding the challenges and taking proactive steps, you can increase your chances of successfully obtaining a criminal record check in Vietnam.

6. Legalization of Criminal Record Certificates

If you need to use your Vietnamese criminal record certificate in a foreign country, it may be necessary to have it legalized. The legalization process involves verifying the authenticity of the certificate.

Apostille:

1. Countries Covered: The apostille process is used for countries that are signatories to the Hague Convention on the Apostille Convention.
2. Procedure: The certificate is stamped with an apostille by the competent Vietnamese authority, usually the Ministry of Justice.

Consular Legalization:

1. Countries Not Covered by Apostille: For countries that are not part of the Hague Convention, consular legalization may be required.
2. Procedure: The certificate must be legalized by the Vietnamese consulate or embassy in the foreign country where you intend to use it.

Required Documents:

1. Original Certificate: A certified copy of the original criminal record certificate.
2. Application Form: A completed application form for legalization.
3. Fees: There may be associated fees for the legalization process.

Processing Time:

1. Apostille: The apostille process may take a few days or weeks to complete.
2. Consular Legalization: The consular legalization process may take longer, depending on the workload of the consulate or embassy.

It's important to check with the relevant authorities in Vietnam and your home country to determine the specific requirements and procedures for legalizing your criminal record certificate.

7. Alternatives and Additional Considerations

Alternatives:

1. Police Clearance Certificate from Home Country: If you are a foreign citizen, you may be able to obtain a police clearance certificate from your home country. This certificate can sometimes be used as an alternative to a Vietnamese criminal record check, especially if your home country has a reciprocal agreement with Vietnam.
2. Private Background Check Services: There may be private background check services that can assist you in obtaining a criminal record check in Vietnam. However, be cautious when using such services, as their reliability and accuracy may vary.

Additional Considerations:

1. Timeframe: The timeframe for obtaining a criminal record check may vary depending on the specific type of check and the workload of the authorities. It's important to plan ahead and allow sufficient time for the process.
2. Privacy Concerns: Be aware of any privacy regulations or restrictions related to accessing criminal records in Vietnam.
3. Legal Advice: If you have any questions or concerns, it is advisable to consult with a legal professional who specializes in Vietnamese law. They can provide guidance on the specific requirements and procedures for obtaining a criminal record check.

By understanding the alternatives and additional considerations, you can make informed decisions and navigate the process of obtaining a criminal record check in Vietnam more effectively.

8. Conclusion