Instructions for online and direct criminal record procedures for foreigners and Vietnamese, including criminal record form No. 1 and No. 2 – free download of criminal record declaration form.
What is a criminal record? How many types of criminal records are there?
A criminal record certificate (or criminal record certificate, certificate of no criminal record) is a certificate showing an individual’s criminal records, issued by the agency managing the criminal record database, which can be the Department of Justice or the National Criminal Record Center under the Ministry of Justice.
At the same time, the criminal record proves whether or not the individual is prohibited from establishing, managing, or holding a position in an enterprise or cooperative (for enterprises or cooperatives declared bankrupt by the Court).
There are 2 types of criminal records, including: criminal record number 1 and criminal record number 2. For details on the 2 types of criminal records, you can refer to the following article:
>> Criminal record number 1 and number 2.
Criminal record file
1. Criminal record file number 1
Criminal record certificate No. 1 only shows existing criminal records (criminal records that have not been erased), issued to individuals, agencies, and organizations to serve personnel management and determine the right to establish and manage enterprises and cooperatives.
To apply for criminal record certificate number 1, the documents you need to prepare include:
- Application form for criminal record certificate No. 1, use one of the following two forms:
- Form No. 3: If submitting the application directly;
- Form No. 4: If authorizing another person to submit the application.
- Photocopy of ID card/CCCD/passport of the person applying for a criminal record;
- Authorization letter to submit application (in case the person granted the temporary residence card is not the person who directly submits the application).
FREE DOWNLOAD:
>> Criminal record declaration form number 3;
>> Criminal record declaration form number 4.
2. Criminal record file number 2
Criminal record form No. 2 shows all criminal records (erased and not erased), issued to individuals to verify their criminal records or issued to prosecution agencies to serve the investigation and trial.
➨ In case the prosecuting agency requests a criminal record
To be issued a criminal record certificate No. 2 for an individual, the prosecuting agency only needs to send a written request for a criminal record certificate, clearly stating the information of the person to whom the criminal record certificate is issued, such as:
- Full name, gender and date of birth;
- Place of birth;
- ID card/CCCD/passport number;
- Nationality and residence;
- Full name of father, mother, wife, husband of the person issued with a criminal record certificate.
➨ In case an individual requests a criminal record
To apply for criminal record certificate number 2, you prepare the following documents:
- Application form for criminal record certificate No. 2 (Form No. 3);
- Photocopy of ID card/CCCD/passport of the person whose criminal record is issued;
>> FREE DOWNLOAD: Application form for criminal record certificate (form number 3).
Note:
1) Individuals are not authorized to apply for criminal record certificate No. 2 (including cases of authorization for parents, spouses, brothers, sisters, or siblings).
2) The prosecuting agency may request the issuance of criminal record certificate No. 2 by phone, fax… and send a written document within 2 days from the date of request for criminal record certificate No. 2.
Related Posts:
>> Procedures for criminal record deletion at the Department of Justice;
>> Regulations on the time limit for criminal record deletion.
Procedures for making a criminal record, how to make a criminal record directly
1. Where to get a criminal record? Judicial record issuing agency
According to Article 44 of the 2009 Law on Judicial Records, the place where a judicial record is made or the competent authority that issues a judicial record certificate for an individual includes:
➨ Department of Justice, place of permanent/temporary residence registration
You submit an application for a criminal record certificate to the Department of Justice if you fall into one of the following three cases:
- For foreigners living in Vietnam;
- For Vietnamese citizens living abroad;
- For Vietnamese citizens living in Vietnam (permanent or temporary address can be determined).
➨ National Criminal Records Center
If you belong to one of the two categories below, submit your application for a criminal record at the National Criminal Records Center under the Ministry of Justice:
- For foreigners who have lived in Vietnam and are currently living abroad;
- For Vietnamese citizens whose permanent/temporary address cannot be determined.
2. Time to make criminal record
The time for issuing a criminal record certificate to an individual is stipulated in Article 48 of the 2009 Law on Criminal Records, specifically as follows:
- Within 10 days from the date of receipt of a valid request, the competent authority shall issue a criminal record certificate;
- In case it is deemed necessary to verify the natural conditions for the criminal record to be cleared of an individual, the time limit for issuing a criminal record certificate shall not exceed 15 days from the date of receipt of a valid request.
Note:
In particular, in the case of an urgent request for a criminal record from a prosecution agency, the time limit for issuing a criminal record certificate is within 24 hours from the time of receiving a valid request.
How to make a criminal record online (make a criminal record online)
Currently, the government is encouraging people to carry out administrative procedures online to optimize costs and reduce processing time for both the person carrying out the procedures and the agency reviewing the documents. Therefore, the form of online criminal record registration is also used quite popularly.
To submit an application for a criminal record certificate online, individuals must follow the process as instructed by fdiinvietnam.com below:
- Step 1: You access the National Public Service Portal or Provincial Public Service Portal;
- Step 2: On the display screen, click “Online public services”;
- Step 3: Fill in the information fields displayed on the province screen. Select the province or city of permanent/temporary residence → “Implementation subject” → Click “Search”;
- Step 4: Search and select the procedure “Issuing criminal records for Vietnamese citizens and foreigners residing in Vietnam”;
- Step 5: Click “Agree”;
- Step 6: Click “Submit online”;
- Step 7: On the display screen, you choose to log in to “Electronic Identification Account issued by the Ministry of Public Security” – VNeID;
- Step 8: Log in to your electronic identification account – VNeID Account;
- Step 9: Fill in the information of the person who is issued the LLTP card → Click “Agree and continue”;
- Step 10: Download the attached documents for requesting a criminal record certificate;
- Step 11: Fill in the additional information of the person issued the LLTP card;
- Step 12: Fill in other information → Click “Agree and continue”;
- Step 13: Select “Result receiving method” → Click “Agree and continue”.
>> See details: Instructions for making a criminal record online (with step-by-step illustrations).
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If you do not have an electronic identification account, you can refer to the article on how to register an electronic identification account (VNeID) of fdiinvietnam.com and proceed to register according to the instructions, then log in to continue the process of submitting an online criminal record application.
Frequently asked questions when applying for a criminal record
1. Where can I get a criminal record certificate/paper?
According to Article 44 of the 2009 Law on Judicial Records, the place where a judicial record is made or the competent authority that issues a judicial record certificate for an individual includes:
- Department of Justice, place of permanent/temporary residence registration;
- National Criminal Records Center.
>> See details: Place to make criminal records (specific for each subject).
2. How many types of criminal records are there?
There are two types of criminal records or criminal records certificates, including: criminal records certificate number 1 and criminal records certificate number 2.
>> Refer to the article: Distinguishing between criminal records number 1 and number 2.
3. Should ordinary citizens apply for criminal record number 1 or number 2?
According to the provisions of the Law on Judicial Records, Vietnamese citizens have the right to request both Judicial Records No. 1 and No. 2 to know their judicial records. In normal cases, if the individual has no special requests, he/she will be issued Judicial Records No. 1.
Reference:
>> Procedure for making criminal record number 1;
>> Procedure for making criminal record number 2.
4. To be issued a criminal record certificate, what documents does an individual need?
Necessary documents to be issued a criminal record include: Criminal record declaration form and a copy of the ID card/CCCD/passport of the person being issued a criminal record.
5. Can I get a criminal record online? Where can I register for a criminal record online?
Yes. Individuals can submit their criminal record registration application online at the National Public Service Portal at the link: https://dichvucong.gov.vn/p/home/dvc-trang-chu or the Provincial Public Service Portal using their electronic identification account – VNeID.
>> See details: How to make a criminal record online.
6. Can Vietnamese citizens do criminal records in other provinces?
According to regulations, Vietnamese citizens submit applications for criminal records to the Department of Justice where they permanently reside. In cases where the permanent residence is unknown, they must register their criminal records at the Department of Justice where they temporarily reside. If they are living abroad, they must submit their applications to the Department of Justice where they permanently/temporarily reside before leaving the country.
➨ Therefore, individuals must submit their criminal record application to the Department of Justice where they permanently/temporarily reside and cannot submit their application in another province.
7. Can foreigners get a criminal record certificate in Vietnam?
Yes. Foreigners have the right to request a criminal record certificate at the Department of Justice of the province/city where they are permanently/temporarily residing in Vietnam. If they have lived in Vietnam, they can request a criminal record certificate at the National Center for Criminal Records.
8. Can I request a criminal record for someone else?
Individuals are allowed to authorize acquaintances to submit application for criminal record number 1 (authorization document must be added to the application). In case of applying for criminal record number 2, authorization is not allowed and must be done by oneself.
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