CAN FOREIGNERS REQUEST A CRIMINAL RECORD CERTIFICATE NO. 2? - OTIS LAWYERS

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Recently, we have received many inquiries regarding Criminal Record Certificate No. 2, including procedures and processing times. In this article, OTIS LAWYERS provides information on whether foreigners are eligible to request Criminal Record Certificate No. 2 in Vietnam.

What is Criminal Record Certificate No. 2?

A Criminal Record Certificate is an official document issued by the criminal record database management authority that verifies whether an individual has a criminal record and whether they are restricted from holding certain positions, establishing, or managing enterprises and cooperatives in cases where the enterprise or cooperative has been declared bankrupt by the court (Clause 4, Article 2, Law on Criminal Records 2009).

According to Article 41 of the Law on Criminal Records 2009, there are two types of Criminal Record Certificates:
“1. A Criminal Record Certificate includes:
a) Criminal Record Certificate No. 1, issued to individuals, agencies, and organizations as stipulated in Clauses 1 and 3, Article 7 of this Law;
b) Criminal Record Certificate No. 2, issued to procedural authorities as stipulated in Clause 2, Article 7 of this Law, and issued to individuals upon request to allow them to be informed of their criminal record information.
2. The Minister of Justice shall regulate the format of the Criminal Record Certificate.”

Thus, Criminal Record Certificate No. 2 is issued either to procedural authorities or to individuals upon request.

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When Can Foreigners Request Criminal Record Certificate No. 2?

According to Article 7 of the Law on Criminal Records No. 28/2009/QH12, there are two groups of foreigners eligible to request a Vietnamese Criminal Record Certificate:

  • Foreigners currently residing in Vietnam: This includes individuals holding valid residency visas, temporary residence visas, or work permits in Vietnam.
    • Reasons for requesting the Criminal Record Certificate may include job applications, business registration, enrollment in educational institutions, or other administrative procedures.
  • Foreigners who previously resided in Vietnam: This includes individuals who formerly held valid residency visas, temporary residence visas, or work permits in Vietnam.
    • The certificate may be required for purposes such as proving past residency in Vietnam, applying for travel or residency visas in other countries, or handling personal legal matters.

Authority to Issue Criminal Record Certificate No. 2

According to Article 44 of the Law on Criminal Records 2009, the following authorities are responsible for issuing the Criminal Record Certificate:

  • The National Center for Criminal Records issues certificates in the following cases:
    • Vietnamese citizens whose place of permanent or temporary residence cannot be determined.
    • Foreigners who have resided in Vietnam.
  • The Department of Justice issues certificates in the following cases:
    • Vietnamese citizens residing in Vietnam (either permanently or temporarily).
    • Vietnamese citizens residing abroad.
    • Foreigners currently residing in Vietnam.
  • The Director of the National Center for Criminal Records, the Director of the Department of Justice, or an authorized representative signs the Criminal Record Certificate and is responsible for its content.
  • If necessary, the National Center for Criminal Records or the Department of Justice may conduct additional verification regarding the automatic expungement of criminal records before issuing the certificate.
  • The issuance of the Criminal Record Certificate must be recorded in a register, as prescribed by the Minister of Justice.

Thus, the competent authorities to issue Criminal Record Certificates for foreigners are the National Center for Criminal Records or the Department of Justice.

Procedure for Requesting Criminal Record Certificate No. 2

Article 46 of the Law on Criminal Records 2009 stipulates the procedure for requesting Criminal Record Certificate No. 2 as follows:

Step 1: Procedural authorities as specified in Clause 2, Article 7 of the Law on Criminal Records 2009 submit a written request to the Department of Justice in the province where the applicant resides.

  • If the applicant’s place of residence is unknown, or if the applicant is a foreigner who has previously resided in Vietnam, the request must be sent to the National Center for Criminal Records.
  • The written request must include personal information as stipulated in Clause 1, Article 43 of the Law on Criminal Records 2009.
    In urgent cases, the request may be made via phone, fax, or other means, but a formal written request must be submitted within two working days.

Step 2: Individuals requesting Criminal Record Certificate No. 2 must submit an application form along with a copy of their ID card or passport.

Step 3: Applications must be submitted to the appropriate authority based on the applicant’s residence status:

  • Vietnamese citizens: Submit to the Department of Justice in their place of permanent residence. If they do not have a permanent residence, they must submit it to the Department of Justice in their temporary residence area. If residing abroad, they must submit it to the Department of Justice where they last resided before leaving Vietnam.
  • Foreigners currently residing in Vietnam: Submit to the Department of Justice in their place of residence.
  • Foreigners who have left Vietnam: Submit to the National Center for Criminal Records.

Note: If an individual requests Criminal Record Certificate No. 2, they cannot authorize another person to apply on their behalf.

Processing Time for Criminal Record Certificate No. 2

According to Article 48 of the Law on Criminal Records 2009:

  • The standard processing time for a Criminal Record Certificate is no more than 10 days from the date of receiving a valid request.
  • If the applicant is a Vietnamese citizen with a complex residency history, has lived abroad, or is a foreigner requiring additional verification for expungement of criminal records (as specified in Article 47 and Clause 3, Article 44 of the Law on Criminal Records 2009), the processing time may extend to 15 days.

In urgent cases, as specified in Clause 1, Article 46 of the Law on Criminal Records 2009, the certificate must be issued within 24 hours from the time the request is received.

For any questions or comments, please contact:
OTIS AND PARTNERS LAW FIRM
Office address: 2nd Floor, CT3 Building, Yen Hoa Park View Urban Area, No. 3 Vu Pham Ham Street, Yen Hoa Ward, Cau Giay District, Hanoi
Email: [email protected]
Hotline: (+84)987748111

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