Abolishing the Requirement to Provide Criminal Record Certificate No. 2 From July 1, 2026
The National Assembly Approves the Removal of Criminal Record Certificate No. 2, the Public Responds Positively
“It is necessary to prohibit the abuse of requiring Criminal Record Certificate No. 2,” stated Vice Chairman of the National Assembly Nguyễn Khắc Định, who proposed strictly prohibiting agencies and organizations from requesting citizens to provide Criminal Record Certificate No. 2 when it is not truly necessary.”
Continuing the 10th Session, on the afternoon of December 5, under the direction of Vice Chairman of the National Assembly Nguyễn Khắc Định, the National Assembly held a plenary session and voted to approve the Law amending and supplementing several articles of the Law on Criminal Records, with 437/441 delegates voting in favor (92.39%).
Specifically, the draft Law amending and supplementing several articles of the Law on Criminal Records submitted to the National Assembly contains 3 Articles, amending 33/57 Articles of the 2009 Law on Criminal Records. Thus, the National Assembly has approved the Law amending the Law on Criminal Records 2025. The Law will take effect on July 1, 2026.
Agencies, organizations, and individuals will no longer be permitted to require a person to provide:
➤ Their Criminal Record information; or
➤ Criminal Record Certificate No. 2.
Criminal Record Certificate No. 1 may only be requested by agencies or organizations in cases where specific regulations are clearly provided in:
➤ Laws and Resolutions of the National Assembly
➤ Ordinances and Resolutions of the Standing Committee of the National Assembly
➤ Decrees and Resolutions of the Government
Outside of these clearly defined legal cases:
➤ No agency or organization may arbitrarily require citizens to submit Criminal Record Certificate No. 1
(e.g., requiring it for job applications, entering into contracts, bidding… without legal grounds).
Criminal Record Certificate No. 2 will still exist, but:
➤ Certificate No. 2 is only used for judicial proceedings and legitimate personal needs. It is no longer a “mandatory document” required in all types of dossiers as before.
Criminal Record information displayed on VNeID:
➤ Has the same legal validity as a Criminal Record Certificate (paper or electronic);
➤ Individuals do not need to request issuance if the information is already available on VNeID.
In summary:
From July 1, 2026, the “culture of requiring Criminal Record Certificate No. 2” is abolished, shifting to a model where the State self-connects databases — reducing paperwork and limiting unnecessary scrutiny of personal history.
Legal Basis & Policy Objectives
The Law amending and supplementing several articles of the Law on Criminal Records 2025 consists of 3 articles, amending 33/57 articles of the 2009 Law on Criminal Records.
It takes effect from July 1, 2026.
Objectives:
➤ Reduce the abuse of requiring Criminal Record Certificates (especially Certificate No. 2);
➤ Protect sensitive personal data, particularly criminal record information;
➤ Shift to a model in which state agencies autonomously access information through the Criminal Record Database and the National Population Database;
➤Promote digital transformation by integrating Criminal Record information into VNeID.
It is very important to clarify this to avoid misunderstanding:
It does not mean “eliminating Criminal Record Certificate No. 2.”
Instead, it means:
Agencies, organizations, and individuals no longer have the right to require citizens to submit Criminal Record Certificate No. 2.
The Law continues to maintain both Certificate No. 1 and Certificate No. 2, which may be issued to individuals in paper or electronic form, both legally valid.
Certificate No. 2:
➤ Will still be issued to judicial authorities;
➤And issued to individuals if they themselves request it to fully know their criminal history or for special procedures (studying abroad, immigration, marriage with a foreigner, visa applications, work permits, etc.)
Why Did the National Assembly “Press the Button” to Remove the Requirement for Certificate No. 2?
Previously:
Many companies, corporations, banks, and employers required applicants to submit Criminal Record Certificate No. 2 for all positions, even those unrelated to security, defense, or children.
People applying for jobs, licenses, bidding, etc., had to “run around to get the certificate,” and those with previous convictions (even already expunged) were effectively “labeled” forever in their dossiers.
During the law-making discussions, many delegates proposed banning the abuse of Certificate No. 2, emphasizing the need to protect personal data and support reintegration for individuals who had completed their sentences.
The new Law shifts the approach:
➤ From “requiring citizens to self-prove their past”
➤ To “the State proactively connecting data and only using information when truly necessary and legally grounded.”
Here are 13 questions we receive from clients who use our legal services:
After July 1, 2026, will I still need to submit Criminal Record Certificate No. 2?
In principle: NO.
Agencies, organizations, and individuals are not allowed to require a person to provide Criminal Record Certificate No. 2.
If any unit (company, school, civil partner…) demands Certificate No. 2 for ordinary purposes (job application, civil contract…) after July 1, 2026:
You have the right to refuse unless they can cite a clear legal basis.
Certificate No. 2 still exists, but “no one has the right to force you to submit it,” except judicial authorities as provided by law.
Why is the State abolishing the requirement for Criminal Record Certificate No. 2?
Three key reasons:
- Protect sensitive personal data (criminal convictions, judicial measures) — preventing widespread scrutiny of citizens’ pasts.
- Reduce administrative burdens and costs — citizens no longer need to obtain Certificate No. 2 just because a company wants to “be safe.”
- Promote digital transformation — state agencies can independently connect to the Criminal Record Database & National Population Database, removing the need for citizens to “carry papers everywhere.”
Which procedures will no longer require Certificate No. 2 from 2026?
Most civil, labor, and business-related matters (office jobs, general labor contracts, commercial transactions…) will no longer have legal grounds to require Certificate No. 2.
The new Law states:
Agencies, organizations, and individuals may not require citizens to provide Criminal Record Certificate No. 2.
Major change:
Job application dossiers that previously required Certificate No. 2 will generally no longer be legally valid unless another high-level legal document specifies otherwise (and even then, usually Certificate No. 1, not No. 2).
How will abolishing Certificate No. 2 affect citizens and businesses?
For citizens:
➤ Removes a burdensome administrative requirement;
➤ Reduces discrimination against people with prior convictions (even expunged) during recruitment or contracting.
For businesses:
Must revise recruitment and HR screening procedures:
➤ Cannot require Certificate No. 2 “just to be sure”;
➤ May only request Certificate No. 1 if authorized by specialized laws (security, defense, children, public health…).
Shift in mindset:
➤ From “filtering candidates through paperwork”
➤ To evaluating competence, ethics, interviews, and references.
Can Certificate No. 1 be used to replace Certificate No. 2?
Not completely.
Certificate No. 1:
➤ Only states “has criminal record/has no criminal record”;
➤ If a conviction is expunged → usually displayed as “no criminal record.”
Certificate No. 2:
➤ Lists full details of all convictions, including expunged ones, dates of expungement, enforcement status…
However, for businesses:
➤ If they previously required Certificate No. 2 only for “basic screening,” then after July 1, 2026, if necessary and legally grounded, they should (and may only) request Certificate No. 1 — not Certificate No. 2.
Will job applications, bidding, licensing procedures still require Certificate No. 2?
In the vast majority of cases: No.
Only in the following cases:
➤ Judicial authorities need information for investigation, prosecution, or trial;
➤ Or individuals request Certificate No. 2 for their own purposes (study abroad, immigration, marriage, foreign visa/work permit requirements).
Does abolishing Certificate No. 2 reduce administrative burdens?
Yes — this is a central goal.
The new law aims to:
➤ Minimize the requirement to submit Criminal Record Certificates in HR management and administrative procedures;
➤ Promote fully online Criminal Record issuance, with data integrated into VNeID.
What is the legal basis for abolishing Certificate No. 2 after July 1, 2026?
The Law amending and supplementing several articles of the Law on Criminal Records (2025), approved on December 5, 2025, effective July 1, 2026.
The Law emphasizes:
➤ Agencies, organizations, and individuals may not require citizens to provide Criminal Record Certificate No. 2;
➤ Only Certificate No. 1 may be required in specific cases defined by law.
In what cases will Certificate No. 2 still be needed after the new regulations take effect?
Certificate No. 2 remains applicable in:
Judicial authorities (Police, Procuracy, Courts) requiring it for:
➤ Investigation, prosecution, trial.
Individuals requesting it:
➤ To know their full criminal history;
➤ To submit to foreign authorities for study abroad, immigration, marriage, visa applications, work permits, citizenship…
Key point:
Certificate No. 2 is a right of the individual, not a tool for agencies or organizations to scrutinize citizens.
How should employers adjust their HR screening processes?
Businesses should:
➤ Remove all forms/templates requiring “Criminal Record Certificate No. 2.”
➤ Review which positions actually have legal grounds requiring Criminal Record information (security, child-related roles, sensitive finance…).
➤ If legally allowed to require Criminal Record information:
– Prioritize Certificate No. 1 or verification through state agencies;
– Do not automatically demand Certificate No. 2.
Rebuild HR background checks based on:
➤ Thorough interviews;
➤ Reference checks;
➤ Professional ethics policies;
➤ Labor contracts and violation handling mechanisms.
Will individuals with previous convictions be affected when Certificate No. 2 is abolished?
Positively.
Criminal record information still exists in the Criminal Record Database for:
➤ Judicial proceedings;
➤ Special purposes defined by law.
However:
➤ Businesses and ordinary organizations will no longer be allowed to access full criminal history via Certificate No. 2.
This:
➤ Reduces stigma;
➤ Supports reintegration for individuals who have completed their sentences and had convictions expunged — consistent with the humanitarian spirit of criminal law.
What methods will replace Certificate No. 2 after the requirement is abolished?
Three main channels:
Criminal Record Information on VNeID
➤ Once the electronic certificate is issued, criminal record information appears on VNeID like a built-in data field.
➤ This information has the same legal validity as a Criminal Record Certificate.
Database Connectivity
➤ State agencies and authorized organizations can directly access criminal record data without requiring individuals to submit certificates.
Criminal Record Certificate No. 1
➤ In cases where the law permits using Criminal Record information for recruitment, licensing, or practice certificates, Certificate No. 1 is more appropriate and less invasive.
Must foreigners obtain Criminal Record Certificate No. 2 for procedures after July 1, 2026?
As noted, Certificate No. 2 is no longer widely required.
According to the amended Law on Criminal Records (2025), effective July 1, 2026:
➤ Agencies, organizations, and individuals cannot require citizens (including foreigners) to submit Criminal Record information or Certificate No. 2.
➤ If Criminal Record information is needed for recruitment, licensing, or other procedures, only Certificate No. 1 may be requested — and only when a specific legal document authorizes it.
➤ The new regulations prioritize data lookup and connectivity, or using electronic Criminal Record information/VNeID.
→ Conclusion:
Foreigners, like Vietnamese citizens, will not be required to submit Certificate No. 2 for jobs, services, or ordinary dossiers after July 1, 2026.
Note: Certificate No. 2 still exists when:
➤ Individuals voluntarily request it to view complete criminal history;
➤ Judicial authorities require it;
➤ Foreign procedures requiring full criminal history (study abroad, immigration, marriage, visas, work permits abroad…).
For over 20 years accompanying Vietnamese and foreign clients in Vietnam, An Law Vietnam has handled thousands of Criminal Record Certificates, Temporary Residence Cards, Work Permits, and Visa dossiers — from simple to complex cases involving criminal records, transferred judgments, or international judicial matters.
We understand the anxiety and pressure when required to submit Certificate No. 2, especially for those who stumbled in the past but are striving to rebuild their lives — or foreign experts overwhelmed by Vietnamese procedures.
The law is gradually shifting to respect personal data and support reintegration — and An Law Vietnam is committed to providing fair, humane, and lawful guidance to clients.
If you:
➤ Are unsure whether your dossier will still require Certificate No. 2 after July 1, 2026;
➤ Are a business revising recruitment or HR procedures;
➤ Are a foreigner/Vietnamese overseas needing Criminal Record Certificates for study abroad, immigration, marriage, visa, or work permit procedures;
Please contact An Law Vietnam for legally accurate, needs-based consultation — minimizing unnecessary paperwork.
An Law Vietnam values every opportunity to accompany you — not only as lawyers, but as trusted partners in your legal journey in Vietnam.
Contact An Law Vietnam
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
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