Criminal record checks are conducted to verify whether an individual has a criminal history and whether they are prohibited from holding certain positions, managing businesses, or cooperatives. Criminal record checks are documents that can prove these aspects, but what exactly do they entail and how complex is the procedure to obtain one? Join us as we answer all your questions!
1 What is a Criminal Record Check? How Many Types Are There?
A criminal record check is an official document used to verify whether an individual has a criminal history. These records can impact the prohibition of an individual from holding certain positions, establishing or managing a business, or participating in a cooperative if the enterprise or cooperative is declared bankrupt by the court (as per the Law on Criminal Records in 2009).
Criminal record checks are official documents that verify an individual’s criminal history.
There are two types of criminal record check forms, clearly distinguished by their content:
- Criminal Record Check Form 1: This form lists any unexpunged criminal records and does not include expunged records. Information about prohibitions on holding positions, establishing or managing businesses, or cooperatives is only included upon request by an individual, government agency, or organization.
- Criminal Record Check Form 2: This form includes a comprehensive list of all criminal records, both unexpunged and expunged, as well as information on prohibitions related to holding positions, establishing or managing businesses, and cooperatives.
According to the current law on criminal records, there are two types of forms issued to different entities:
- Criminal Record Check Form 1 is issued to individuals, agencies, or organizations, including:
– Government agencies or political organizations that require Form 1 for personnel management, business management, business registration, or cooperative management.
– Vietnamese citizens or foreigners residing in Vietnam who request their own criminal record check.
Criminal Record Check Form 1 and Form 2
- Criminal Record Check Form 2 is issued to prosecuting agencies upon request to serve the investigation, prosecution, and trial processes, as well as to individuals who want to know their own criminal record information.
For further reference: Discover
2 Procedures for Requesting Criminal Record Check Form 1
Criminal Record Check Form 1
The applicant for Criminal Record Check Form 1 must submit a completed “Request for Criminal Record Check” form, along with the following documents:
- A copy of the applicant’s ID card or passport.
- A copy of the applicant’s household registration book or temporary/permanent residence certificate.
Vietnamese citizens should submit their applications to the Department of Justice in their place of permanent residence; if there is no permanent residence, they should submit it to the Department of Justice in their place of temporary residence; for those residing abroad, submit the application to the Department of Justice in their place of residence before departure.
For foreigners residing in Vietnam, applications should be submitted to the Department of Justice in their place of residence; if they have already left Vietnam, submit the application to the National Criminal Record Center.
3 Procedures for Requesting Criminal Record Check Form 2
Procedures for Issuing Criminal Record Check Form 2 to Prosecuting Agencies
Prosecuting agencies in need of Criminal Record Check Form 2 must send their requests to the Department of Justice in the area where the individual is registered as a permanent or temporary resident:
- In cases where the individual’s place of permanent or temporary residence cannot be determined, the request must be sent to the National Criminal Record Center. The request should include clear information about the individual as specified in the Law on Criminal Records.
- In urgent cases, requests can be made via telephone, email, fax, or other means, provided that the formal request is submitted within two working days afterward.
Criminal Record Check Form 2
Procedures for Issuing Criminal Record Check Form 2 to Individuals
The applicant for Criminal Record Check Form 2 must submit:
- A completed “Request for Criminal Record Check” form.
- A copy of the applicant’s ID card/citizen identification card or passport.
- A copy of the applicant’s household registration book or temporary/permanent residence certificate. (As of July 1, 2021, the household registration book or residence certificate is no longer required.)
For Vietnamese citizens, submit the application to the Department of Justice in the area of permanent or temporary residence; for those currently residing abroad, submit it to the Department of Justice in their place of residence before departure.
For foreigners residing in Vietnam, submit the application to the Department of Justice in their place of residence; if they have already left Vietnam, submit it to the National Criminal Record Center.
Note: Individuals can authorize another person to apply for the criminal record check on their behalf. A written authorization is required, unless the applicant is the parent, spouse, or child of the individual, in which case no authorization is needed.
After paying the fee for the criminal record check, the applicant will receive a receipt and be informed of the time to pick up the results.
4 Simple Online Procedures for Criminal Record Checks
Access the Online Portal for Criminal Record Check Requests
Select the correct “Applicant Type” and “Place of Permanent or Temporary Residence”
Click on “Enter Declaration”
Download and upload the declaration form
After making your choice, click on “I declare that the above information is true and I take responsibility for my declaration and the services I have registered for.” Then, click on “Continue.”
Choose your preferred service reception method
Review your declaration and enter the verification code
Note down the registration code
- A notarized copy of your household registration book (or temporary/permanent residence certificate).
- A notarized copy of your ID card (or passport).
- A completed “Receipt of Criminal Record Check Results via Postal Services” form (if applicable) (Sample No. 01/2014/LLTP).
- Your online registration code.
- The printed declaration form.
- Two photographs.
- The criminal record check fee and postal service fee (if applicable).
Depending on your choice in Step 5, a postal service representative will either collect the documents from your home or you can bring them to the post office for submission to the justice agency.
5 Common Questions About Criminal Record Check Procedures
Authority to Issue Criminal Record Checks
The National Criminal Record Center is responsible for issuing criminal record checks in the following cases:
- Vietnamese citizens without a determined place of permanent or temporary residence.
- Foreigners who have resided in Vietnam.
Authority to Issue Criminal Record Checks
The Department of Justice is responsible for issuing criminal record checks in the following cases:
- Vietnamese citizens currently residing abroad.
- Foreigners currently residing in Vietnam.
- Vietnamese citizens with
