In Vietnam, obtaining a police clearance certificate is significant, particularly for foreigners seeking employment, wishing to apply for a work permit, or engaging in various legal processes within the country. Issued by an authorized agency of the Justice Department or the National Center for Judicial Records, this official document identifies if an individual has any criminal records.
The criminal record, or “Phieu Ly lich Tu phap” in Vietnamese, is governed by Clause 1, Article 2 of the Law on Judicial Records in 2009. According to Article 2 of the Law on Judicial Records No. 28/2009/QH12, the police clearance record certificate serves as proof of an individual’s criminal record status and any associated restrictions. Additionally, recent regulations allow foreigners who have been residing in this country for less than six months to apply for a criminal record. This article will offer you a comprehensive guide to securing a clearance record in Vietnam.
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Who Needs a Police Clearance Check in Vietnam?
A foreigner residing or who has lived in Vietnam may require a police check for various purposes, including:
- Applying for a Vietnam work permit
- Completing visa or immigration procedures for a third country, such as Australia or Canada
- Completing marriage procedures, etc.
Read Related: Vietnam’s Work Permit and Temporary Residence Card for Foreigners
Types of Police Clearance Certificates in Vietnam
There are mainly two types of Police Clearance Records in this country. It includes the following:
Police Clearance Certificate No. 1
It is applicable for Vietnamese citizens and foreigners who have resided or are currently residing in this country and need criminal record clearance for purposes like applying for a new job, getting a work permit, etc.
Apart from this, state agencies and socio-political organizations may request judicial record cards for personnel management, business registration, establishment, and management of enterprises or cooperatives.
The police clearance certificate No. 1 provides the following information:
- Applicant’s details include full name, gender, date and place of birth, nationality, permanent/temporary residence, and ID/Passport number.
- Previous criminal convictions:
- “Không có án tích” (no previous criminal convictions) for individuals with a clean record or whose past criminal convictions have been pardoned or amnestied and updated in their judicial records.
- “Có án tích” (with previous criminal convictions) along with details of the committed crime and principal and additional penalties for those with unresolved violations or past criminal records.
Police Clearance Certificate No. 2
It is applicable for both Vietnamese and foreigners who do not have any permanent or temporary residence in this country. This certificate is required for various purposes, such as studying, marriage, job applications, or citizenship requests within this country.
Agencies responsible for conducting procedures may request the issuance of judicial record cards to facilitate investigative, prosecutorial, and adjudicative tasks.
Conditions to Get a Police Clearance Certificate in Vietnam
As per the regulations outlined in the Law on Judicial Records, the police clearance record certificate (criminal record) is provided to foreigners under the following conditions:
- They have resided in Vietnam previously.
- They are currently living in Vietnam, indicating temporary residency.
Temporary residency in this country is confirmed through the foreigner’s visa or temporary residence card and registration with the local police in the commune, ward, or town where they are staying. The registration details are documented in the temporary resident book or certificate of temporary residence issued by the police.
Required Documents for a Police Clearance Certificate Application in Vietnam
According to Vietnamese Law, the necessary documents for foreigners to obtain a police clearance certificate No. 1 in Vietnam include:
- Form 03/2013/TT-LLTP for self-application or Form 04/2013/TT-LLTP for authorized application.
- Certified copies of the passport and visa of the individual for whom the criminal record is requested.
- A certified copy of the temporary residence registration certificate is required.
In cases of authorization, the following additional documents are necessary:
| Foreigners Currently Staying in Vietnam | Foreigners Used to be in Vietnam & now be in Foreign Countries |
| A Vietnamese criminal record application form; Original passport of the person requested to be issued a Vietnamese criminal record; Copy of a valid Vietnam Visa or Temporary Residence Card; An original copy of a residential registration certificate certified by local police where the foreigner is staying in Vietnam or a copy of the household registration book or certificate of permanent or temporary residence of the person requested to be issued a criminal record card. | A Vietnamese criminal record application form; Certified copy/authentication of a foreigner’s valid passport; The legalization of a notarised true copy of the Vietnam Visa/ TRC (If it is still valid); Power of Attorney or Authorisation Letters are notarised or authenticated following the law; A notarised copy of the ID card/Passport of the authorized person. |
Read Related: Comprehensive Immigration Guide for Foreign Investors in Vietnam
Where to Get a Police Clearance Certificate in Vietnam?
Foreigners living in Vietnam are required to submit their application documents to the Department of Justice in their place of residence. Moreover, state agencies, political organizations, and socio-political organizations requesting a police clearance certificate for an individual must send documents to the Department of Justice, where the person permanently resides or temporarily stays. If it is impossible to determine the individual’s permanent or temporary residence, the documents can be submitted to the National Center for Judicial Records.
Steps of Getting a Police Clearance Certificate in Vietnam
To acquire a police clearance certificate in Vietnam, you can proceed by adhering to the following steps:
Step 1: Online Registration
- Visit the official website https://lltptructuyen.moj.gov.vn and choose your residency and place of residence.
- Complete all required fields with details accurately. It will include your personal information such as full name, gender, date and place of birth, nationality, ethnicity, current and permanent addresses, and any other relevant details.
- Upload all the documents as instructed.
- Review the information you provided and then take a printout of the form.
- Sign the form to finalize the application process.
Step 2: Submit the Form
You have two options for submitting your application. The first option is to visit their office in person during morning hours. Alternatively, you can send the completed form through the postal service.
Step 3: Complete the Payment Process
There are 3 payment methods for the issuance of a criminal record:
- Transfer money directly to the Department of Justice’s account. It will be converted into Vietnamese currency at the current exchange rate if paid in foreign currency.
- You can make a direct payment to the Department of Justice. This option is not applicable for payments in foreign currencies.
- Transfer money via postal service along with the application file and the receipt of the fee transfer to the Department of Justice. This method is also not applicable to payments in foreign currency.
Step 4: Receive Appointment Letter
Once you’ve finished all the procedures, you’ll receive an appointment paper. If you’ve submitted your application by mail, the appointment paper will be sent to your email once the application process is completed.
Step 5: Get Your Police Clearance Certificate
Once your application is approved, you must visit the location where you applied to receive the certificate. Additionally, if you submit your application by mail, the police clearance certificate will be sent to the address listed in the registration form.
What are the Steps to obtain the Police Record Check in Vietnam?
The criminal record check applies to:
- Vietnamese citizens permanently or temporarily residing in this country,
- Citizens currently residing overseas, and
- Foreigners currently residing here and seeking a work permit in Vietnam.
- Preparation of the Dossier for Police Record Check in Vietnam
- Application Forms (Form No.03/2013/TT-LLTP)
- A certified copy of the passport containing all pages (for non-nationals) or a certified copy of the ID card, passport, or citizen identification (for Vietnamese)
- A certified copy of the temporary residence permit validated by the ward-level police (for non-nationals)
- A certified copy of the family record book or temporary resident book (for Vietnamese)
- Submit the Application: The applicant can choose to submit it in person or online.
- It will take 15-20 working days from the days in which the dossier is submitted successfully.
Notes about Processing Time, Fees, and Validity
Typically, the Department of Justice or National Center for Judicial Records takes 10 to 21 working days to process a police check request after the required documents and payment are submitted.
The fee for a Vietnam police check is VND 200,000. If the individual requesting the police clearance certificate seeks more than 2 copies simultaneously, each additional copy beyond the second incurs an extra cost of VND 5,000 per copy.
There are no clear and uniform official regulations on the validity of police clearance certificates. Depending on the legal documents in different fields and the requirements of agencies and organizations wishing to determine individuals’ criminal status, the criminal record will be valid for a certain period.
How Can InCorp Vietnam Help with Police Clearance?
InCorp Vietnam provides expert business consultation, assistance with business documentation applications, visa and work permit applications, and administrative support services tailored to your needs. Our business documentation services are essential for efficiently obtaining various important documents and licenses, including a police clearance certificate in Vietnam.
Obtaining a police clearance certificate in Vietnam involves several crucial steps. InCorp Vietnam can simplify acquiring this vital official document for you. Our team of experts will assist you through each stage and ensure all necessary paperwork is completed accurately and efficiently.
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