What Is A Criminal Record Certificate
In many administrative or legal procedures, individuals are often required to provide a Criminal Record Certificate (Phiếu lý lịch tư pháp). This official document certifies whether a person has or does not have any criminal convictions, and whether he or she is prohibited from holding certain positions, or from establishing and managing enterprises or cooperatives as a result of a court’s bankruptcy ruling.
So, what exactly is a Criminal Record Certificate in Vietnam? How is it issued, and why should you consider using An Law Vietnam to assist with the process? Let’s explore below.
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Definition of Criminal Records in Vietnam
According to Clause 1, Article 2 of the Law on Criminal Records 2009, a criminal record is a record of a person’s criminal convictions as determined by effective court judgments or rulings. The record contains the following information:
- The convicted person’s identity;
- The criminal offense and applicable legal provisions;
- Principal and additional penalties;
- Civil obligations in the criminal judgment;
- Date of judgment and the adjudicating court;
- Execution status of the judgment;
- Information on prohibition from holding positions or establishing/managing enterprises or cooperatives following a court-declared bankruptcy.
In Western countries, Criminal Records typically refer to national databases containing judicial information on an individual’s criminal history.
For example:
- In France, it is considered a repository of judicial files.
- In Belgium and Germany, it is an automated system used to register, store, and update data on criminal, administrative, and commercial judgments.
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Types of Criminal Record Certificates in Vietnam
Vietnamese law recognizes two types of Criminal Record Certificates, each serving a different purpose:
No. 1 Criminal Record Certificate
- Issued to individuals, agencies, or organizations for personnel management, business registration, or enterprise/cooperative establishment purposes.
- Applicants may authorize another person to submit the application on their behalf.
No. 2 Criminal Record Certificate
- Issued to judicial authorities (procuracy, investigation, courts) or at the personal request of individuals who wish to know their full criminal record details.
- Authorization is not permitted for this type of certificate.
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Dossier Required for a Criminal Record Certificate Application
For No. 1 Certificate
- Application form (as prescribed);
- Copy of Identity Card / Citizen ID / Passport;
- Copy of Permanent or Temporary Residence Certificate;
- Power of attorney (if authorized).
For No. 2 Certificate
- Application form (as prescribed).
Note: Authorization is not allowed for this type of request.
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Procedures for Applying for a Criminal Record Certificate
For Vietnamese Citizens
- Submit the dossier to the Department of Justice of the province/city where the applicant resides permanently or temporarily (if no permanent residence).
- For citizens residing abroad: submit the dossier to the Department of Justice where they last resided before leaving Vietnam.
For Foreigners Residing in Vietnam
- Submit the dossier to the Department of Justice where they currently reside.
- If they have left Vietnam: submit the application to the National Center for Criminal Records.
Processing Time:
- Within 10 working days from the date of receipt of a valid application;
- For urgent cases: within 24 hours from the receipt of the request.
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Cases of Refusal to Issue a Criminal Record Certificate
The competent authority may refuse to issue a Criminal Record Certificate in the following cases:
- The request does not fall within its jurisdiction;
- The authorized representative does not meet legal conditions;
- The submitted documents are incomplete or falsified.
In case of any errors found in the issued certificate (e.g., deleted convictions still appearing), the applicant must immediately notify the issuing authority for correction.
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Significance of the Criminal Record Certificate
- Proof of criminal status: Confirms whether an individual has any criminal convictions — often required for job applications, marriage registration with foreign nationals, naturalization, study abroad, visa issuance, etc.
- Legal reference for authorities: Provides accurate data for judicial bodies in assessing aggravating or mitigating circumstances, or determining recidivism.
- Humanitarian value: Once a conviction has been expunged, the certificate will state “No criminal record,” ensuring that rehabilitated individuals are treated as though they had never been convicted — promoting reintegration into society.
- Reference for employers and organizations: Used in verifying the moral and legal background of employees and candidates.
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Common Legal English Terms Related to Criminal Records
- Criminal Record Verification
- Criminal Record Check
- Criminal Record Information
- Access to Record History
- Arrest Record
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Criminal Record Services by An Law Vietnam
With a team of experienced lawyers and legal consultants, An Law Vietnam provides professional assistance in:
- Advising on eligibility, documentation, and procedures for obtaining a Criminal Record Certificate;
- Representing clients (where authorization is legally permitted) to process applications quickly and efficiently;
- Assisting with record correction, expungement, and related judicial matters;
- Helping clients save time and costs through our streamlined legal services.
An Law Vietnam – Professional, Reliable, and Dedicated Legal Services.
We are committed to providing efficient and lawful support for all matters related to Criminal Records and Criminal Record Certificates in Vietnam.
Contact Us
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
📍 Head Office: Diamond Plaza, 34 Le Duan Street, Sai Gon Ward, Ho Chi Minh City
🏢 Vung Tau Branch: Vo Thi Sau Street, Vung Tau Ward, Ho Chi Minh City