In the context of international integration, obtaining a criminal record certificate has become an essential legal procedure for foreigners residing, working, or investing in Vietnam. This document serves as evidence of a person’s criminal status and is required for various purposes such as applying for work permits, nationality, long-term residence, or other administrative procedures.
Through this article, DNP Viet Nam Law Firm will clarify the concept of the criminal record certificate, analyze the differences between Form No. 1 and Form No. 2, and thereby assist foreigners as well as FDI enterprises in accurately understanding the relevant legal provisions and avoiding errors when preparing application dossiers.
1. What is a criminal record certificate?
Legal basis: Clause 1, Article 2 and Article 26 of the Law on Criminal Records 2009; Clause 4, Article 18 of Decree No. 219/2025/ND-CP.
- A criminal record certificate is one of the mandatory documents required for foreigners when applying for a work permit or permanent residence in Vietnam.
- This document, issued by the National Center for Criminal Records or the Department of Justice, confirms whether an individual has a criminal record, and whether the individual is prohibited from holding certain positions, establishing, or managing enterprises and cooperatives.
2. Distinguishing between Criminal Record Certificate Form No.1 and Form No.2
| Phiếu lý lịch tư pháp số 1 | Phiếu lý lịch tư pháp số 2 |
| 1. Eligible applicants | |
| – Vietnamese citizens; – Foreigners residing in Vietnam; – State agencies and organizations. (Articles 7 and 41, Law on Criminal Records 2009) | – Procedural authorities (investigation, prosecution, trial); – Individuals who are either Vietnamese citizens or foreigners (Articles 7 and 41, Law on Criminal Records 2009) |
| 2. Authorization | |
| – Applicants may authorize others in writing to request the certificate. – However, parents, spouses, or children of the applicant are not required to provide written authorization. (Article 45, Law on Criminal Records 2009) | – Authorization is not permitted. (Article 46, Law on Criminal Records 2009) |
| 3. Contents | |
| – Personal information of the applicant; – Existing (non-expunged) convictions. (Article 42, Law on Criminal Records 2009) | – Personal information of the applicant; – Names of parents and spouse; – Information on prohibitions from holding positions, establishing or managing enterprises or cooperatives; – All convictions (both expunged and unexpunged). (Article 43, Law on Criminal Records 2009) |
| 4. Purposes of use | |
| – Human resource management; business registration; establishment and management of enterprises or cooperatives. – Typically used for job applications, work permits for foreigners, civil service examinations, etc. | – Investigation, prosecution, and trial proceedings. – Individuals wishing to know their complete criminal history. – Commonly used in administrative procedures such as study abroad applications, immigration, marriage with foreigners, visa applications, or naturalization. |
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3. Authorities competent to issue criminal record certificates
Legal basis: Articles 44–46, Law on Criminal Records 2009.
National Center for Criminal Records:
- For Vietnamese citizens whose permanent or temporary residence cannot be determined.
- For foreigners who have resided in Vietnam.
Department of Justice:
- For Vietnamese citizens with permanent or temporary residence in Vietnam.
- Vietnamese citizens residing overseas.
- Foreigners residing in Vietnam.
4. Time limit for issuance
Legal basis: Article 48, Law on Criminal Records 2009.
- Standard time limit: up to 10 days.
- In cases where the applicant has resided in multiple places, has lived abroad, or requires verification of expunged convictions: up to 15 days.
- In urgent cases: no more than 24 hours.
5. Fees for issuance
Legal basis: Article 4, Circular No. 16/2025/TT-BTC.
- For students aged 16 years or older, university students, persons with meritorious services to the revolution, and relatives of martyrs: VND 100,000 per person per application.
- For all other applicants: VND 200,000 per person per application.
In cases where the applicant requests more than two certificates in one application, an additional VND 5,000 will be charged for each certificate from the third onwards.
“The above content is provided by DNP Viet Nam Law Firm for reference purposes only. For detailed, accurate, and tailored legal advice that meets your specific needs, please contact us using the information provided below.”
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