Police certificates in Vietnam

The police certificate is an important document, widely used in many administrative procedures in Vietnam such as applying for a job, a work permit, study abroad, naturalisation, or procedures relating to entry and exit.

It is a document issued by the authority managing the criminal records database, certifying whether an individual has a criminal record, and whether they are prohibited from holding office or from establishing or managing a business or co-operative. In this article, we look in detail at the process of applying for a police certificate in Vietnam, from the types of certificate and who may be issued one, through to the steps involved and important points to note.

What is a police certificate?

Under clause 1, article 2 of the Law on Criminal Records No. 28/2009/QH12, a criminal record is defined as information about the criminal record of an individual convicted by a legally effective judgment or criminal decision of a court, the status of enforcement of that judgment, and information relating to prohibitions on holding office or on establishing or managing a business or co-operative where the business or co-operative has been declared bankrupt by a court.

The police certificate is the official document recording this information, issued by the provincial/municipal police.

There are 2 main types of police certificate, serving different purposes:

• Police Certificate No. 1: issued to individuals (Vietnamese citizens or foreign nationals who have resided or are residing in Vietnam) or to bodies and organisations for the purposes of personnel management, business registration, and the establishment and management of businesses and co-operatives. This certificate is usually required in cases such as applying for a job, applying for a work permit, or supplementing administrative files.
• Police Certificate No. 2: issued to proceeding authorities (the police, the procuracy and the courts) for the purposes of investigation, prosecution and trial, or issued at an individual’s request so that they can see the contents of their own criminal record. This certificate is usually required for settlement applications, fiancé(e) visa applications, or adoptions abroad.

Police certificates are governed byLaw on Criminal Records No. 28/2009/QH12andCircular 244/2016/TT-BTC.

Who may be issued a police certificate

Under Vietnamese law, the following are entitled to request a police certificate:

• Vietnamese citizens: including those with permanent or temporary residence in Vietnam, or residing abroad.
• Foreign nationals: who have resided or are residing in Vietnam and need to evidence their criminal record status during their stay in Vietnam.
• Proceeding authorities: the police, the procuracy and the courts are entitled to request a certificate for the purposes of investigation, prosecution and trial.
• State bodies, political organisations and socio-political organisations: requesting a certificate for personnel management, business registration or business management.

Where to apply for a police certificate

Where the application is submitted depends on the applicant’s residence status:

• Vietnamese citizens:
  • Vietnamese citizens apply to the police in their place of permanent residence.
  • Where they have no permanent residence, they apply to the police in their place of temporary residence.
  • Where they reside abroad, they apply to the police in their place of residence before departure. 
• Foreign nationals:
  • Foreign nationals residing in Vietnam apply to the police in their place of residence.

See the list of provincial/municipal police athere.

The documents to prepare

To apply for a police certificate, applicants need to prepare the following documents:

• The application form for a police certificate: using the template prescribed by the Ministry of Public Security, which can be downloaded from the National Public Service Portal or obtained from the police.
• A copy of identity documents:
  • For Vietnamese citizens: an identity card, citizen identity card or passport (a certified copy).
  • For foreign nationals: a passport, and documents evidencing lawful residence in Vietnam (a visa or temporary residence card).
• A power of attorney (where another person is authorised to submit the application): this must be certified by a competent authority (an embassy/consulate if abroad, or a notary office in Vietnam).
• Documents evidencing the place of residence before departure (for Vietnamese citizens abroad, where submitted before 1 July 2021): a notarised copy of the household registration book or a residence confirmation.

Please note:The application must be prepared in full and accurately, to avoid requests for further documents or a refusal to process it.

How to submit the application

Applicants may submit the application in one of the following ways:

• In person: at the provincial/municipal police.
• By post: sending the application to the competent authority by postal service.
• Online: through the National Public Service Portal (dichvucong.gov.vn) or the Ministry of Public Security’s administrative procedures system (lltptructuyen.moj.gov.vn). To apply online, applicants need a level 2 electronic identity account on the VNeID app.

The online submission process comprises the following basic steps:

1. Go to the National Public Service Portal or the Ministry of Public Security website.
2. Sign in using a level 2 electronic identity account.
3. Select the “Issue a police certificate” procedure and complete the electronic application form.
4. Upload the required documents (scans of identity documents, and a power of attorney where applicable).
5. Confirm the information and submit the application.
6. Pay the fee online by bank account or through the integrated payment gateways.
7. Track the progress of the application and receive the result by post, by email, or electronically through the system.

Police certificate fees

Police certificate fees are set out in Circular 244/2016/TT-BTC, as follows:

• Standard fee: VND 200,000 per application per person.
• Reduced fee: VND 100,000 per application per person for students, persons with meritorious service to the revolution, and relatives of war martyrs (parents, spouse, children, and those who raised the martyr).
• Additional fee: where more than 2 certificates are requested at once, an additional VND 5,000 per certificate applies from the 3rd certificate onwards.
• Exempt: children, older people, people with disabilities, members of poor households, residents of communes facing exceptional hardship, and ethnic minority communities in remote and isolated areas.

The fee may be paid in person at the issuing authority, by bank transfer to the Ministry of Public Security’s account, or through the postal service.

Processing times

Processing times are set out in the 2009 Law on Criminal Records:

• Standard: no more than 10 working days from receipt of a valid application.
• Complex cases: no more than 15 days where the applicant has resided in several places, has spent time residing abroad, or where verification of the conditions for expunging a criminal record is needed.

The result may be collected in person at the place of submission, received by post, or received electronically through the online system.

Points to note

To ensure the police certificate application goes smoothly, applicants should note the following:

• Check the information carefully: ensure the information in the application form and the accompanying documents is accurate, to avoid errors leading to a refusal to process it.
• The validity of the police certificate: although the law sets no general validity period, some bodies (such as the Department of Labour, War Invalids and Social Affairs) require the certificate to have been issued within 6 months of the date the application is submitted.
• A valid power of attorney: the power of attorney must be certified in accordance with the rules. Note that Police Certificate No. 2 cannot be applied for by an authorised representative, except where the applicant is a child or a person lacking legal capacity.
• Translation and legalisation: where the police certificate is to be used abroad, it must be translated and notarised, and consularly legalised at an embassy/consulate or a competent authority.
• Using a support service: where applicants lack the time or encounter difficulty preparing the application, they may contact Prosperous Living Investment for assistance.

The benefits of applying online

Applying online brings a number of benefits:

• Saving time and money: applicants need not attend the issuing authority in person, reducing travel costs.
• Convenient for those far away: particularly useful for Vietnamese citizens abroad or foreign nationals who have left Vietnam.
• Reducing pressure on the judicial authorities: the online system reduces the number of people submitting applications in person, improving processing efficiency.

Note, however, certain limitations, such as the requirement for a level 2 electronic identity account, or delays that may arise where digital signature verification does not comply with the rules.

Conclusion

Applying for a police certificate in Vietnam is an important administrative procedure that plays a key role in many personal and organisational activities. With the support of the National Public Service Portal and the online systems, the process is becoming ever more convenient and efficient. To ensure success, however, applicants need a clear understanding of the rules on documents, fees and processing times, and should check the information carefully before submitting.

In complex cases, seeking support from a lawyer or a professional service provider will save time and avoid unnecessary risk.

We hope this article has given you a comprehensive view of the process of applying for a police certificate in Vietnam, helping you complete the procedure easily and quickly.