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.
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. The certificate will also state if the individual is prohibited from holding any position in Vietnam or setting up or managing a company. Thus, individuals who need to apply for a work permit are required to submit this document. The certificate is also required for some other purposes.
A competent state authority issues the judicial record certificate to individuals who needed to have a copy of their judicial record certificate. The provincial department of justice or the data center that holds the judicial records issues it.
The document also provides information on whether or not the individual has a criminal record. It will also show if the individual is prohibited from holding a position in a company or banned from establishing any business in Vietnam.
Within a company, the judicial record certificate can support human resource management. It can also support the registration, establishment, and management of enterprises and cooperatives.
In addition, several organizations and government agencies in Vietnam would require individuals to submit a judicial record certificate for necessary activities, such as criminal record requirement for work permit application, employment, and immigration purposes.
As stated in Clause 1, Article 44 of the 2009 Law on Judicial Records, there are currently two types of judicial record certificates in Vietnam. Both of these certificates are issued by the provincial Dept. of Justice.
Depending on the purpose of using the judicial record certificate, agencies, individuals, and organizations can request for either the judicial card No. 1 or judicial card No. 2.
The 2009 Law on Judicial Records has not clearly defined the validity of the judicial record certificate in Vietnam. However, the judicial record certificate’s time limit will usually depend on the provisions of the documents of each relevant legal field and will depend upon the provisions of the documents of each relevant field. It will also be dependent upon the decision of the organization or agency that has requested to verify the status of the individual’s judicial record certificate.
As stated on Articles 20, 24, and 28 of the 2008 Nationality Law of Vietnam supplemented and amended in 2017, the application for the renunciation, admission, and return of the Vietnamese nationality must possess a judicial record card that’s issued no more than 90 days. When it comes to applying for a visa at the US Embassy or Consulate General, the individual should submit a judicial record card that’s issued within a year for immigration verification.
As such, if the individual is required to provide a copy of the judicial record certificate at agencies and organizations, they need to consider the regulations for the time limit that the particular agency or organization would require. This will not be solely based on the Law on Judicial Records since the law did not clearly stipulate the legal effect of the two judicial record certificates and there are no regulations that would limit the organization or agency to set the time limit of the criminal record certificates for Vietnam.
When applying for the judicial record certificate in Vietnam, the applicant should send the application directly to the National Center for Criminal Record or to the provincial Ministry of Justice where the foreign individual resides. For foreigners who are outside the country, they can mail their application to the National Centre for Criminal Record. They can also authorize another individual to apply for the judicial record certificate on their behalf. For this, they need to grant the individual a special power of attorney.
As for the requirements, they need to submit a signed criminal record application form. For those who are outside the country, the Vietnam Embassy in their country of origin must legalize the form. They are also required to submit a copy of their passport.
The processing time is 5 – 7 business days from the receipt of the application form. As for the payment, they can pay in US dollar currency at the embassy. The payment can be made through money order or bank draft payable to the Embassy of Vietnam. They can also pay through credit cards.
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.
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.
