Law Criminal Record No. 28/2009/QH12

Judicial Record Certificate / Criminal Record Certificate (Form No.1 & Form No.2).
Key points foreigners need to know about Judicial Records in Vietnam under the Law on Judicial Records No. 28/2009/QH12
As more foreigners come to live, work, and invest in Vietnam, the demand for Judicial Record Certificates (commonly known as Criminal Record Certificates) continues to increase — especially for procedures such as work permits, temporary residence cards, international judicial matters, or immigration applications.
However, the legal framework governing Judicial Records (pursuant to the Law on Judicial Records No. 28/2009/QH12) is relatively complex, covering subjects of judicial record management, issuing authorities, classification of Form No.1 and Form No.2, and the process of verifying, searching for, and updating data in the Judicial Record Database.
This article by An Law Vietnam provides the essential legal points related to the application for Judicial Record Certificates in Vietnam.

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Contents

Overview of the Law Criminal Record

Chapter I – General Provisions: Articles 1–10
Chapter II – Organization and Management of Judicial Record Databases: Articles 11–14
Chapter III – Provision, Receipt, Updating and Processing of Judicial Record Information; Preparation of Judicial Records: Articles 15–40
Chapter IV – Issuance of Judicial Record Certificates: Articles 41–50
Chapter V – Handling of Violations and Settlement of Complaints and Denunciations: Articles 51–54
Chapter VI – Implementation Provisions: Articles 55–56

Foreigners subject to judicial record management

Under Article 5:

Foreigners convicted by Vietnamese courts with legally effective criminal judgments (Article 5.2).
Foreigners prohibited by Vietnamese courts from holding positions or establishing/ managing enterprises or cooperatives under bankruptcy rulings (Article 5.3, read together with Chapter III).

➡️ In short: A foreigner only “has a judicial record in Vietnam” when they have a criminal conviction or a judicial measure imposed by a Vietnamese court.

Foreigners’ right to request a Judicial Record Certificate

Article 7.1 states:
“Foreigners who have resided or are residing in Vietnam have the right to request the issuance of their Judicial Record Certificate.”
Meaning:

Foreigners currently residing in Vietnam → are eligible to request a certificate.
Foreigners who previously resided legally in Vietnam but have already left → still have the right to apply for a Vietnamese Judicial Record Certificate.

Authorities competent to issue Judicial Record Certificates to foreigners

Article 44 is the key provision:
National Center for Judicial Records (Ministry of Justice)
Issues certificates to: Foreigners who resided in Vietnam but are no longer residing in Vietnam (Article 44.1(b) + Article 45.2(b)).
Provincial Departments of Justice
Issue certificates to: Foreigners currently residing in Vietnam
(Article 44.2(c)) — typically the Department of Justice where they temporarily or permanently reside.

➡️ Practical guidance for foreigners:

If currently in Vietnam → submit the application to the local Department of Justice.
If no longer in Vietnam → submit to the National Center for Judicial Records (commonly by post, power of attorney, or through legal service providers).

Types of Judicial Record Certificates for foreigners

According to Articles 41–43:
Judicial Record Certificate – Form No.1
Issued to individuals (including foreigners) and organizations. It indicates:

Whether the person has or does not have criminal convictions in Vietnam.
Whether the person is or is not prohibited from holding positions, establishing, or managing enterprises/cooperatives under bankruptcy rulings (if requested to be shown).

If the person’s criminal record has been expunged or pardoned, it will state “no criminal record.”
Judicial Record Certificate – Form No.2 Issued to:

Proceeding – conducting agencies (investigation, prosecution, trial); and
Individuals (including foreigners) who wish to know their full judicial record history.

Form No.2 includes:

➜ All criminal convictions, including those already expunged
➜ Dates of expungement
➜ Judgment enforcement status
➜ Civil obligations
➜ Court fees
➜ Any other judicial measures

➡️ Form No.2 is more comprehensive and often used in:

Applications for Vietnamese citizenship
Special amnesty or review of convictions
International judicial procedures
Applications for sensitive jobs requiring in-depth background checks
Situations where a person must prove no concealment of expunged convictions

Procedures for applying for a Judicial Record Certificate (foreigners)

Required documents
Foreigners must submit:
Application form (issued by the Ministry of Justice)
Passport copy
Copy of residence documents in Vietnam:
➜ Temporary residence card
➜ Permanent residence card
➜ Temporary residence confirmation, etc.
Place of submission
Form No.1:

Foreigners residing in Vietnam → Provincial Department of Justice
Foreigners who have left Vietnam → National Center for Judicial Records

Form No.2:
For individuals: Same as Form No.1, but authorization is not allowed (Article 46.2).
For proceeding-conducting agencies:
➜ Submit written requests to the Department of Justice where the person resides
➜ If residence cannot be determined, or the person is a foreigner formerly residing in Vietnam → National Center for Judicial Records

Authorization

Form No.1: Individuals may authorize another person to submit the application (parents/spouses/children do not require written authorization).
Form No.2: No authorization allowed — the individual must apply personally.

Information verification & issuance timelines

Articles 47–48; Information verification:
For foreigners, data must always be checked at:

The Provincial Department of Justice receiving the application, and
The National Center for Judicial Records.

Processing time:

Normal cases: up to 10 days
Complicated cases (foreigners, multiple places of residence, overseas residence, expungement verification): up to 15 days
Emergency cases requested by proceeding agencies: up to 24 hours

Information about foreigners recorded in the Judicial Record Database
Based on Articles 15–33, 31, 36–40, the database records:
➜ Basic personal information
➜ Criminal convictions in Vietnam:
=> Judgments, charges, legal provisions applied
=> Principal & supplementary penalties
=> Court fees, civil obligations
=> Judgment enforcement status
➜ Decisions on exemption, reduction, postponement, suspension, pardons, general amnesty, expungement
➜ Information on expulsion (Article 31)
➜ Information on prohibition from holding positions or managing enterprises/ cooperatives under bankruptcy rulings (removed once the prohibition expires)
Important note:
A Vietnamese Judicial Record Certificate only reflects convictions and judicial measures issued by Vietnamese courts (or transferred to Vietnam under treaties or judicial assistance). ➡️ It is not a global criminal record check.

Cases of refusal & complaint rights

Under Article 49, issuance may be refused if:

The request does not fall under the authority of the issuing agency
The requester is not eligible (not the individual concerned / improperly authorized)
Documents are incomplete or forged

A written notification specifying reasons is required.
Foreigners or organizations may lodge complaints regarding:

Refusal to issue
Late issuance
Incorrect information in the certificate (Articles 52–53)

Professional assistance from law firm An Law Vietnam

With over 20 years of experience assisting foreigners with procedures such as Temporary Residence Cards, Work Permits, Visa, and Judicial Record Certificates, An Law Vietnam is proud to be a leading provider of reliable and legally compliant services.
We thoroughly understand the workflow of the Provincial Departments of Justice and the National Center for Judicial Records, ensuring that our clients:

Minimize processing time
Reduce risks of refusal or repeated supplementation
Receive legally valid results accepted in Vietnam and abroad

Professionalism, transparency, and responsibility remain our core values, enabling us to support the foreign community in Vietnam effectively for many years.
Contact An Law Vietnam
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
📍 Head Office: Diamond Plaza, 34 Le Duan Street, District 1, Ho Chi Minh City
🏢 Vung Tau Branch: Vo Thi Sau Street, Vung Tau City, Ho Chi Minh City