Quick answer
The criminal record check is one of the seven mandatory document groups in a new work permit application dossier (Article 18 of Decree 219/2025/ND-CP). Where to obtain: if the foreigner has resided in Vietnam for 6 months or more — the Department of Justice of the residence locality or the National Center for Judicial Records (Ministry of Justice); if still abroad — the competent authority of the home country, followed by consular legalization and certified Vietnamese translation. Validity: the law sets no rigid validity period for the card in work permit dossiers, but review practice requires the card to have been issued no more than 6 months before the filing date. The required type is Judicial Record Card No. 1.
Legal basis
The issuance of judicial record cards is governed by the 2009 Law on Judicial Records (Law 28/2009/QH12). The requirement to submit a criminal record check in the work permit dossier is prescribed in Article 18 of Decree 219/2025/ND-CP (effective 7 August 2025). Its purpose is to let the competent authority verify that the foreign worker is not serving a sentence, does not have an unexpunged criminal record, and is not under criminal prosecution — among the conditions for employing foreign workers in Article 151 of the 2019 Labor Code.
Where to obtain it: three scenarios
Scenario 1: The foreigner is still abroad
Apply for the criminal record certificate (or equivalent no-criminal-record confirmation) at the competent authority of the country of residence — e.g., national police in South Korea, police agencies in Japan, local public security in China, judicial/civil registry authorities in European countries. After issuance, the document must be consular-legalized (at the issuing country’s foreign ministry and/or the Vietnamese representative mission) and translated into Vietnamese with certification. This is the most common route for first-time experts.
Scenario 2: Has resided in Vietnam for 6 months or more
File the request for Judicial Record Card No. 1 at the Department of Justice of the residence locality, or at the National Center for Judicial Records under the Ministry of Justice. The file includes: the request declaration form, a passport copy, and a copy of the valid temporary residence card/visa. Processing time under the Law on Judicial Records: no more than 10 working days (15 days if further verification is needed).
Scenario 3: Previously resided in Vietnam but currently abroad
The worker may authorize another person to file at the Department of Justice of the former residence or the National Center for Judicial Records (with a notarized/certified authorization letter), or apply in the home country as in Scenario 1. Employers should choose whichever route is faster and more convenient for each worker.
Validity: the rule and the practice
The Law on Judicial Records sets no general expiry for the card; its usability depends on the receiving authority’s requirements. In work permit dossiers, the review practice across localities is that the card must have been issued within 6 months as of the permit application filing date. Older cards risk a re-issuance request, prolonging preparation. Employers should therefore arrange the criminal record check last among time-sensitive documents (together with the health certificate), when the other documents are nearly complete.
Card No. 1 or No. 2?
Work permit dossiers require Judicial Record Card No. 1 — issued to individuals and requesting agencies/organizations, showing only unexpunged criminal records. Card No. 2 (showing all records including expunged ones, issued to proceedings-conducting authorities) is not used in this administrative procedure. When applying, the worker should state the purpose as “supplementing the work permit application dossier” to receive the correct card type.
Common mistakes
- Requesting the wrong card type (No. 2 instead of No. 1) or a card without a clear stated purpose.
- Foreign cards not consular-legalized — the most common error, halting the entire dossier.
- Cards older than 6 months because they were obtained too early while other documents were still pending.
- Name mismatch with the passport: misspellings, missing middle names, or reversed name order in translation — verify carefully upon receipt.
- Unexpunged criminal records: such persons do not meet the employment conditions in Vietnam under Article 151 of the 2019 Labor Code — employers should screen during recruitment.
Criminal records and entry eligibility
The criminal record check does not only serve the work permit dossier — it can also affect the worker’s ability to enter and stay in Vietnam. Persons with serious unexpunged criminal records may face difficulties obtaining visas or may be refused entry under the immigration legislation, independently of the labor procedure. For this reason, prudent employers screen for criminal history at the recruitment stage, before spending time and money on legalization, translation, and the full permit and visa sponsorship process. Where a candidate discloses a minor historical record that has been expunged under the home country’s law, the employer should obtain the expungement decision or equivalent document and be ready to explain the situation if the processing authority asks. Transparency at the filing stage is always less costly than an adverse finding later.
Can the criminal record requirement be waived?
No waiver exists in Decree 219/2025/ND-CP. Every new work permit application must include the criminal record check as part of the Article 18 dossier. The only flexibility is practical: choosing the fastest lawful route to obtain it (home country vs. Vietnamese authorities for long-term residents) and timing it within the 6-month customary validity window.
Frequently asked questions
Can the old criminal record card from a previous permit application be reused?
Only if the card is still within the customary 6-month window as of the new filing date. In practice, permit applications are usually 2 years apart, so a new card is almost always needed.
Where does a dual national apply?
Preferably in the country of most regular residence with clear residence records; where necessary, the processing authority may request an additional card from the other country. The name and nationality declared must match the passport used to enter Vietnam.
How long does issuance at the Department of Justice take?
Under the Law on Judicial Records: no more than 10 working days from receipt of a valid, complete file (15 days if verification is needed). Allow 2–3 weeks in practice. For foreign-issued cards, add consular legalization time (usually 2–4 weeks).
Does the criminal record affect the visa?
Yes, indirectly. A criminal record may also affect entry eligibility and visa issuance. Employers should address any record issues before investing in the full work permit and visa sponsorship process.
What if the worker lived in several countries?
As a rule, the card is obtained from the country of current or most recent long-term residence, or from the Vietnamese authorities if the worker has resided in Vietnam for 6 months or more. If the processing authority has doubts, it may ask for supplementary records from other countries of residence — another reason to keep the worker’s residence history documented from the start.
FLAT Law Firm provides detailed guidance on criminal record procedures for foreigners (inside and outside Vietnam), including consular legalization and certified translation, within our end-to-end work permit service. Contact us for support.
This article has been quality-reviewed by the FLAW AI Legal Council. Content is for reference only and does not replace legal advice for your specific case.
