The Judicial Record Certificate is an essential document required in administrative procedures across all provinces in Vietnam. It is indispensable for job applications, study abroad dossiers, naturalization processes, or work permits for foreign nationals. So, what exactly is a Judicial Record Certificate? Are the procedures for obtaining a Judicial Record Certificate complex? Let

1. Legal Basis

• Law on Judicial Records No. 28/2010/QH12, passed by the National Assembly of the Socialist Republic of Vietnam on June 17, 2009.
• Decree No. 111/2010/ND-CP detailing and guiding the implementation of certain provisions of the Law on Judicial Records.

2. What Is a Judicial Record Certificate?

• A judicial record is a record of criminal convictions of an individual based on judgments or criminal decisions from a court that have taken legal effect, the status of sentence execution, and restrictions on the individual’s eligibility to hold positions, establish, or manage businesses or cooperatives in cases where the business or cooperative has been declared bankrupt by the court.
• A Judicial Record Certificate is a certificate issued by the authority managing the judicial record database. It serves as proof that an individual either has or does not have a criminal record, and whether they are prohibited from holding positions, establishing, or managing businesses or cooperatives in the case of bankruptcy declarations by the court.

3. How Many Types of Judicial Record Certificates Are There Today?

According to Article 41 of the Law on Judicial Records, Judicial Record Certificates are divided into two types:

• Judicial Record Certificate No. 1: Issued to Vietnamese citizens, foreigners who have lived or are residing in Vietnam, or organizations and agencies for purposes such as personnel management, business registration, and enterprise establishment. This certificate is commonly required for job applications, work permits for foreigners, or supplementary documents for employment dossiers.
• Judicial Record Certificate No. 2: Issued to procedural authorities (such as Police, Procuracy, Courts) to serve investigative and judicial proceedings or individuals who need a full account of their judicial record. This type is often required for U.S. residency applications, fiancé/fiancée visas, or adoption dossiers.

Key Differences Between the Two Judicial Record Certificates:

• Judicial Record Certificate No. 1: Lists only unexpunged convictions. If the individual has had their record expunged, the certificate will not display any conviction.
• Judicial Record Certificate No. 2: Shows all convictions, whether expunged or not.

4. Documents and Procedures for Obtaining a Judicial Record Certificate in 2024

4.1. Procedures for Obtaining Judicial Record Certificate No. 1

Step 1: Prepare a complete application package.
Applicants must submit a request form for the Criminal Record Certificate, along with the following documents:

• A copy of the citizen identification card or passport of the applicant.
• A copy of the household registration book or a certificate of permanent or temporary residence.

Step 2: Submit the application.

Vietnamese citizens must submit their documents at the Department of Justice where they are registered for permanent residence; if they do not have a permanent residence, they must submit it at the Department of Justice where they are temporarily residing; or submit it at the Department of Justice where they resided before departure in case they live abroad.

Foreigners residing in Vietnam must submit their documents at the Department of Justice where they reside. If they have left Vietnam, the documents should be submitted to the National Judicial Records Center.

Individuals can authorize someone else to submit the application for the Criminal Record Certificate on their behalf. The authorization must be in writing according to the law. In cases where the applicant is the father, mother, spouse, or child of the person requesting the certificate, an authorization letter is not required.

Agencies and organizations specified in Article 7, Clause 3 of the Judicial Record Law of 2009 must send a written request to the Department of Justice where the individual requesting the certificate resides, either permanently or temporarily.

If the person’s permanent or temporary residence cannot be determined, the request should be sent to the National Judicial Records Center.

The request must clearly state the address of the agency, company, the intended use of the Criminal Record Certificate, and information about the individual requesting the certificate as specified in Clause 1, Article 42 of the Judicial Record Law of 2009.

The Minister of Justice prescribes the form for the Criminal Record Certificate application.

Please contact Viet My Accounting Law immediately for 100% free consultation.

4.2. Procedures for Requesting a Judicial Record Certificate No. 2

* Procedures for Issuing Judicial Record Certificate No. 2 for Procedural Authorities

Procedural authorities requesting a Criminal Record Certificate must send the request to the Department of Justice in the area where the individual is registered for permanent or temporary residence:

• For individuals whose permanent or temporary residence cannot be identified, the request must be sent to the National Judicial Records Center. The request must include the individual’s details as specified in the Law on Judicial Records.
• In urgent cases, the request can be submitted through phone, email, fax, or other communication methods. The official request must be submitted within 2 working days thereafter.

* Procedures for Issuing Judicial Record Certificate No. 2 for Individuals

Step 1: Prepare the Application
The applicant must submit the following documents:

• Application form requesting Judicial Record Certificate No. 2.
• A copy of the individual’s Citizen ID Card, National ID Card, or Passport.
• A copy of the household registration book or permanent/temporary residence certificate (as of July 1, 2021, a household registration book or certificate is no longer required).

Step 2: Submit the Application

• For Vietnamese citizens: Submit the application to the Department of Justice in the area of permanent or temporary residence. If residing abroad, submit the application to the Department of Justice where the individual resided before leaving Vietnam.
• For foreigners residing in Vietnam: Submit the application to the Department of Justice in the area of residence. If the individual has left Vietnam, submit the application to the National Judicial Records Center.

Note: An individual can authorize someone else to submit the application on their behalf. Authorization must be in writing according to legal requirements, except when the applicant is a parent, spouse, or child of the individual requesting the certificate, in which case no written authorization is necessary.

Step 3: Receive the Result
After paying the fee for the Criminal Record Certificate, the applicant will receive a receipt and be notified to collect the certificate on the specified date.

5. How much is the fee for issuing a Judicial Record Certificate?

The current fee for issuing a Criminal Record Certificate is 200,000 VND per person per application.

For students, war veterans, and martyrs’ families, the fee is reduced to 100,000 VND per person per application.

Certain groups are exempt from fees, including: children, the elderly, people with disabilities, those from poor households, residents of disadvantaged communes, and ethnic minorities in extremely difficult areas.

If you belong to any of these categories eligible for fee reduction or exemption, you will need to present relevant documents to prove eligibility when submitting your application.

If you request 3 or more Criminal Record Certificates in one submission, there will be an additional charge of 5,000 VND per certificate starting from the third certificate onward.

6. How long does it take to process a Judicial Record Certificate?

The competent authority will process and issue the Judicial Record Certificate within 10 working days from the receipt of a valid request. In cases where the applicant is a foreigner, a Vietnamese citizen who has lived in multiple locations, or someone who has resided abroad, the processing time may take longer but will not exceed 15 working days.

Above is the complete guide for applying for a Criminal Record Certificate in Vietnam. We hope that with the information we’ve shared, you will be able to obtain your Criminal Record Certificate quickly and easily.

LEGAL SERVICES – THE LEADING TAX CONSULTING PROVIDER TODAY

The most reliable Legal and Tax Advisory Services today, highly rated by clients, offering tailored and professional solutions for businesses.

HOTLINE: 0981 345 339 (24/7)

REQUEST CONSULTATION REQUEST A QUOTECHAT LIVE WITH US