VI For foreigners living and working in Vietnam, Criminal Record No. 1 is an indispensable administrative document, playing an important role in many legal procedures such as applying for a work permit, extending a visa or completing a residence application. Although it is a mandatory requirement, the process of applying for this type of certificate is often complicated and confusing if you do not understand the regulations. Lack of accurate information not only prolongs the processing time but can also lead to the application being returned, directly affecting the personal plans of the applicant. Therefore, let’s explore each step of the process in detail with Pham Consult, from preparing the application to submitting and receiving the results to ensure the process goes smoothly and legally.
- What is a criminal record?
A criminal record is a certificate issued by the agency managing the criminal record database, which is valid to prove whether or not an individual has a criminal record; is prohibited or not prohibited from holding a position, establishing or managing an enterprise or cooperative in the case of an enterprise or cooperative being declared bankrupt by the Court.
According to Article 41 of the 2009 Law on Judicial Records, there are two types of criminal records: Judicial Record Certificate No. 1 and Judicial Record Certificate No. 2. In which:
– Judicial Record Certificate No. 1 is the type of certificate issued to Vietnamese citizens and foreigners who have or are residing in Vietnam and request to be issued to State agencies, political organizations, and socio-political organizations that have the right to request a Judicial Record Certificate to serve the work of personnel management, business registration activities, establishment and management of enterprises and cooperatives.
– Criminal Record Certificate No. 2 is a type of certificate issued to the prosecution agency to serve the investigation, prosecution, and trial work and issued at the request of an individual so that the person knows the content of his/her criminal record.
According to the provisions of law, foreigners residing in Vietnam are eligible to apply for Criminal Record Certificate No. 1. In practice, foreigners often apply for Criminal Record Certificate No. 1 to complete the application for a Work Permit, marriage registration, adoption or to carry out other legal procedures in Vietnam.
- Application for issuance of Criminal Record Certificate No. 1 for foreigners residing in Vietnam
According to Article 45 of the 2009 Law on Criminal Records, the application for issuance of Criminal Record Certificate No. 1 for foreigners residing in Vietnam includes the following types of documents:
(i) Application for issuance of Criminal Record Certificate:
– Application for issuance of Criminal Record Certificate (For individuals requesting issuance of Criminal Record Certificate), Form No. 01/2025/LLTP.
– Application for issuance of Criminal Record Certificate (For individuals in case of authorization to request issuance of Criminal Record Certificate No. 1 and individuals who are parents of minors requesting issuance of Criminal Record Certificate No. 1, No. 2), Form No. 02/2025/LLTP.
– Application form for issuance of interactive electronic Criminal Record Certificate (For individuals requesting issuance of Criminal Record Certificate), Form No. 04/2025/LLTP;
– Application form for issuance of interactive electronic Criminal Record Certificate (For individuals in case of authorization to request issuance of Criminal Record Certificate No. 1 and individuals who are parents of minors requesting issuance of Criminal Record Certificate No. 1, No. 2), Form No. 05/2025/LLTP;
(ii) Copy of Identity Card or Citizen Identification Card or Identity Confirmation or Passport of the person to whom the Certificate is issued (Present the original for comparison. In case of no original, submit a certified copy according to the provisions of law).
(iii) Authorization document requesting issuance of Criminal Record Certificate No. 1 (the authorized person must present the Identity Card or Citizen Identification Card or Identity Certificate or Passport when carrying out the procedure to request issuance of Criminal Record Certificate. In case the authorized person is the father, mother, wife, husband or child of the authorizing person, no authorization document is required). The authorization document must be notarized or authenticated according to the provisions of Vietnamese law.
(iv) Original or copy of Documents proving the residence process in Vietnam (in case the foreigner residing in Vietnam applies for the procedure to request issuance of Criminal Record Certificate and uses the Passport to submit the application).
III. Procedures for requesting issuance of Criminal Record Certificate No. 1 for foreigners residing in Vietnam
- In case of direct submission of application
The foreigner requesting issuance of Criminal Record Certificate No. 1 or the person authorized by the foreigner to submit the application prepares 01 set of documents and submits it to the Provincial Police Department where the foreigner resides.
Processing time is within 15 working days from the date of submission of valid documents.
The person requesting the issuance of a Criminal Record Certificate registers to receive the results at the place of submission of the documents or receives the results via postal service.
- In case of submitting an application online
Step 1: The person requesting the issuance of a Criminal Record Certificate (hereinafter referred to as the Requester) logs in with a level 2 identification account on the public service portal or the National Identification Application (VNeID); selects the Issuance of Criminal Record Certificate in the Administrative Procedure Service Group and follows the instructions.
Step 2: The requester accurately, completely and honestly declares the contents in the interactive electronic Criminal Record Certificate declaration form.
Step 3: The requester selects “Information on administrative procedures” and “Information on returning results”.
Step 4: The requester confirms the application information, selects the type of fee payer and guarantees the declaration before submitting the request.
Step 5: The Public Service Portal and the National Identification Application will notify the application code, appointment date for returning results and instructions on paying the fee for issuing a Criminal Record Certificate via text message or email address or notify on the National Identification Application so that the person requesting the issuance of a Criminal Record Certificate can pay the fee via the payment utility integrated on the Public Service Portal and the National Identification Application.
Step 6: The person requesting the application will track the status of the application on the Public Service Portal and the National Identification Application in the section on Issuing a Criminal Record Certificate.
