Question: Currently, many foreigners who previously lived or worked in Vietnam but have now left the country need to obtain a Criminal Record Certificate for purposes such as immigration, marriage, or resolving legal disputes abroad. In cases where they cannot return to Vietnam in person, is it possible for them to apply for a Criminal Record Certificate remotely?
Answer:
1. Cases in which foreigners can obtain a Criminal Record Certificate in Vietnam
According to the 2009 Law on Criminal Records and Circular No. 16/2013/TT-BTP, foreigners may be considered for the issuance of a Criminal Record Certificate if they fall into one of the following two groups:
- The first group consists of foreigners legally residing in Vietnam, meaning those who hold a temporary or permanent residence card issued by the Immigration Department - Ministry of Public Security. These are typically cases such as foreign workers with labor contracts, investors, individuals married to Vietnamese citizens, or those living long-term in Vietnam.
- The second group includes foreigners who previously resided in Vietnam, are no longer in the country, but need to obtain a Criminal Record Certificate for legal procedures abroad, such as applying for a visa, marriage, or immigration. They may need documents proving their prior legal residence in Vietnam.
2. Can foreigners who cannot return to Vietnam complete the procedure remotely?
The answer is YES, but with limitations. Specifically:
- For Criminal Record Certificate No. 1:
Foreigners can authorize another person in Vietnam to carry out the procedure on their behalf. If the authorized person is the parent, spouse, or child of the applicant, a written authorization is not required. The authorization document must be valid and duly certified in accordance with regulations.
- For Criminal Record Certificate No. 2:
Individuals requesting a Criminal Record Certificate No. 2 cannot authorize another person to carry out the procedure, except in the case of minors who may authorize their parents to request the Criminal Record Certificate No. 2 on their behalf.
3. Required Documents
To apply for a Criminal Record Certificate for foreigners, the following documents must be fully prepared:
- Application form for the issuance of a Criminal Record Certificate
- A copy of a valid passport (pages containing the photo and personal information)
- Authorization document (if someone else is acting on behalf of the applicant)
4. Issuing Authority and Processing Time
- Issuing Authority: National Police Records Department – Ministry of Public Security.
- Processing Time:
+ Normally: 10 days from the date of receiving complete and valid documents.
+ In cases requiring further verification: no more than 15 days.
