A criminal record certificate is one of the crucial documents required in the application dossier for a work permit for foreign employees working in Vietnam. This document serves to prove that the foreign worker has no criminal record and is not currently facing criminal prosecution under legal regulations. However, many enterprises and employees still face confusion regarding the specific type of criminal record certificate required, the competent issuing authority, the validity period, as well as requirements for certificates issued abroad. In the article below, Viet An Law will clarify the latest regulations regarding the criminal record certificate for work permit in Vietnam 2026.
What is a Vietnam criminal record certificate for foreigners?
- A judicial record contains information regarding the criminal record of a person convicted by a legally effective criminal judgment or decision of a Court, the status of sentence execution, and any prohibitions imposed on an individual from holding office or establishing or managing an enterprise or cooperative in cases where such an entity has been declared bankrupt by a Court.
- Pursuant to Clause 4, Article 2 of the Vietnamese Law on Judicial Records (2009, as amended and supplemented in 2025), a judicial record certificate is a document issued by a competent authority that serves as proof of whether or not an individual has a criminal record, and whether or not they are prohibited from holding office or establishing or managing an enterprise or cooperative as prescribed by law.
- Accordingly, Vietnamese citizens and foreign nationals aged 16 or older who have resided or are currently residing in Vietnam have the right to request a competent authority to issue their judicial record certificate.
Thus, a judicial record certificate for a foreign national is a document issued by a competent authority in Vietnam or a foreign country to confirm the individual’s criminal record status and indicate whether or not they are prohibited from holding office or establishing or managing an enterprise or cooperative pursuant to a Court decision.
This is a crucial document for verifying the personal background of a foreign worker when carrying out administrative procedures in Vietnam, including the application for a work permit.
Should foreigners apply for a criminal record certificate in Vietnam or abroad?
Pursuant to Clause 4, Article 18 of Decree 219/2025/NĐ-CP, the criminal record certificate – or a document confirming that the foreign worker is not currently serving a sentence, has not yet had their criminal record expunged, or is not currently subject to criminal prosecution – must be issued by a competent authority in a foreign country or in Vietnam no more than six months prior to the date of application submission.
Accordingly, a foreign worker may use a criminal record certificate issued by a competent authority in a foreign country or in Vietnam to supplement their work permit application, provided that the document was issued no more than six months prior to the application submission date.
- For the use of a Vietnamese criminal record certificate: Request the competent Vietnamese authority to issue a Criminal record certificate No. 1 for inclusion in the work permit application documents in Vietnam.
- For the use of a criminal record certificate or confirmation document issued by a competent foreign authority: The document must undergo consular legalization (unless exempted under international treaties or the principle of reciprocity) and be translated into Vietnamese in accordance with regulations.
What is the difference between Judicial record certificate No. 1 and No. 2?
| Judicial record certificate No. 1 | Judicial record certificate No. 2 | |
| Eligible entities/ Recipients | – Vietnamese citizens and foreigners who have resided or are currently residing in Vietnam, aged 16 or older. – State agencies, political organizations, and the Vietnam Fatherland Front Committee to support personnel management of officials, civil servants, and public employees, as well as administrative procedure resolution. | Organ conducts procedural proceedings to serve investigation, prosecution, and trial; and issued upon request of individuals so they can know their criminal record content. |
| Purpose of use | Administrative procedures, employment, business operations, HR management. | Serving legal proceedings or for individuals to know their full criminal record status. |
| Expunged criminal record content | Not recorded; noted as “no criminal record”. | Fully records information for people who were convicted but have had their criminal record expunged. |
| Level of information | Restricted, ensuring the right to community reintegration. | Complete and more detailed. |
Regarding the procedure for obtaining a work permit for a foreign national, current regulations only require the submission of a valid criminal record certificate or a document confirming the absence of a criminal record; there is no mandatory requirement for it to be specifically “Criminal record certificate No. 1” or “No. 2”. However, in practice, Criminal record certificate No. 1 is more commonly used, as it aligns well with employment-related purposes and administrative procedures.
Can foreigners submit online applications for a Vietnam criminal record certificate?
Individuals must prepare the declaration form for the issuance of a criminal record certificate as prescribed in Circular 06/2024/TT-BTP.
Pursuant to Article 45 of the Law on Criminal Record (2009, amended in 2025), individuals may request the issuance of a criminal record certificate online. Foreigners and individuals without an electronic identity may request the certificate in person or via postal service.
Applications for the issuance of a criminal record certificate are to be submitted to:
- Foreigners who have previously resided in Vietnam: The Department of Professional Records (Ministry of Public Security);
- Foreigners currently residing in Vietnam: The provincial-level police authority.
Is it mandatory to obtain a criminal record certificate before applying for a work permit in Vietnam?
Pursuant to Clause 3, Article 6 of Decree 219/2025/NĐ-CP, where a foreign employer submits an online application for a work permit accompanied by a request for a criminal record certificate – authorized by the foreign worker – the procedures for obtaining the criminal record certificate and the work permit may be carried out simultaneously.
Specifically:
Simultaneous submission via the National Public Service Portal
The employer submits the application for a work permit together with the application for a criminal record certificate via the National Public Service Portal.
Receipt and processing of applications by competent authorities
- The National Public Service Portal forwards the applications: To the authority competent to issue work permits and the police authority competent to issue criminal record certificates.
- Processing by the police authority: Upon receiving the request for a criminal record certificate, the police authority appraises the application; it accepts the application if valid, requests supplementation or amendment of information if the application is incomplete or returns the application if it is invalid.
- The police authority sends the result to the work permit issuing authority: The administrative procedure result – an electronic criminal record certificate – is sent to the authority competent to issue work permits.
- Processing by the work permit issuing authority: The authority competent to issue work permits appraises the application and returns the results (work permit and criminal record certificate in electronic format) to the employer.
Note: The processing time for issuing the criminal record certificate in conjunction with the work permit is the sum of the processing times for each respective procedure, specifically:
- Time limit for issuing the criminal record certificate: Within 05 working days from the date of receipt of a valid request (subject to extension up to a maximum of 15 days).
- Time limit for issuing the work permit: Within 10 working days from the date of receipt of a complete application for a work permit.
Questions regarding the criminal record certificate for work permit in Vietnam
What is the validity period of a criminal record certificate used for a work permit application?
According to Clause 4, Article 18 of Decree 219/2025/ND-CP, the criminal record certificate or document confirming no criminal record must have been issued no more than six months prior to the date of submission of the work permit application. If this timeframe is exceeded, the foreign worker must obtain a new certificate for the application dossier.
Do foreigners who have never resided in Vietnam need to obtain a Vietnamese criminal record certificate?
It is not mandatory. Foreign workers who have never resided in Vietnam may use a criminal record certificate or a document confirming no criminal record issued by a competent foreign authority. This document must undergo consular legalization (unless exempt) and be translated into Vietnamese in accordance with regulations.
Does a foreign criminal record certificate require consular legalization for work permit applications in Vietnam?
Yes. A criminal record certificate issued by a competent foreign authority must undergo consular legalization before use in Vietnam, unless exempted under an international treaty to which Vietnam is a party or based on the principle of reciprocity.
Where should foreign workers residing in Vietnam apply for a criminal record certificate?
Foreign workers residing in Vietnam may request a competent police authority to issue a criminal record certificate in accordance with the Law on Criminal Record. Using a Vietnamese-issued criminal record certificate generally simplifies consular legalization and translation procedures compared to using documents issued by foreign authorities.
Should Criminal Record Certificate No. 1 or No. 2 be used for a work permit application?
Current regulations do not mandate the submission of Judicial Record Certificate No. 1 or No. 2. However, in practice, Judicial Record Certificate No. 1 is commonly used in work permit applications, as it aligns with employment purposes and standard administrative procedures.
If you require assistance obtaining a criminal record certificate for a work permit or handling work permit procedures for foreign workers 2026 in Vietnam, Viet An Law is ready to provide prompt, effective, and legally compliant support.
