When Will Foreigner Need Criminal Background Check in Vietnam?

 Many countries including Vietnam have regulations in place to ensure the safety and security of its citizens and visitors. One such measure is the requirement for individuals to provide a criminal background check in Vietnam certain situations. In this article, we will explore when and why foreigners may need a criminal background check in Vietnam, the application process, and the significance of this essential document.

Criminal Background Checks in Vietnam for Visa and Immigration Purposes

For many foreigners, the first step to embarking on their journey to Vietnam involves securing a visa or residency permit. Depending on the type of visa they are applying for, certain categories may necessitate a criminal background check. Vietnam authorities, particularly those handling immigration matters, often require this document to assess the applicant’s suitability for entry and stay in the country.

Work permits, business visas, and long-term residence permits are common examples of instances where a criminal background check is typically requested. By reviewing the applicant’s criminal history, Vietnamese officials aim to identify any potential security risks, ensuring the safety and well-being of the Vietnamese population.

Employment Opportunities and Criminal Background Checks in Vietnam

The flourishing Vietnamese economy attracts a many foreign professionals seeking employment opportunities. However, certain industries, such as education, healthcare, finance, and security, impose strict requirements to maintain the integrity of their workforce. As such, employers in these sectors may request a criminal background check in Vietnam from applicants.

Providing a criminal background check in Vietnam demonstrates transparency and trustworthiness, making it easier for employers to make informed hiring decisions.

Adoption and Criminal Background Checks

Adoption is a heartwarming journey that brings joy to families around the world. For foreigners hoping to adopt a child from Vietnam, a criminal background check is typically required. Adoption authorities in Vietnam use this document to assess the prospective adoptive parents’ eligibility and suitability to provide a nurturing and secure environment for the child.

This measure is vital to safeguard the well-being of the adopted child and to prevent potential risks that could arise from a history of criminal activity. A clean criminal record assures the authorities that the adoptive parents are prepared to provide a loving and supportive home.

Licensing and Certification in Regulated Sectors

Certain professions and activities in Vietnam are subject to stringent regulations to ensure public safety and security. In such cases, foreigners may be required to provide a criminal background check as part of the licensing or certification process.

Professions in healthcare, education, law enforcement, security services, and other regulated sectors must adhere to strict standards, and a clean criminal record is often considered a prerequisite for eligibility.

Significance of a Criminal Background Check in Vietnam

The importance of a criminal background check cannot be overstated. It plays a crucial role in safeguarding the well-being and security of the Vietnamese population and visitors alike. By requiring individuals to provide this document, organizations and authorities ensure that individuals with a history of criminal activities are not granted entry or allowed to participate in activities that could put others at risk.

For foreign individuals, having a clean criminal record can open doors to exciting opportunities in Vietnam, whether for employment, education, volunteer work, or personal endeavors like marriage or adoption. A criminal background check demonstrates an individual’s commitment to following the law and adhering to the highest standards of conduct.

Navigating the requirements for a criminal background check as a foreigner in Vietnam is an essential aspect of ensuring a smooth and successful stay in the country. Whether for visa and immigration purposes, employment, adoption, or other activities, understanding when and why this document is needed can help individuals prepare and comply with the regulations.

How a law firm in Vietnam could help with criminal background check in Vietnam

Our lawyers in Vietnam constantly follow up with changes of law to provide the client with update for better decision making process.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance doing business in Vietnam.

ANT lawyers has attorneys in Hanoi, Ho Chi Minh and Danang.

Nguồn: https://lawyersindanangvietnam.blogspot.com/2023/08/when-will-foreigner-need-criminal.html

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Legal Validity of Criminal Records Card in Vietnam

 Criminal records or judicial record is a record of criminal convictions of convicted persons with criminal judgments and decisions of courts which have taken legal effect, judgment execution status and ban on individuals to hold positions or setting up company in Vietnam, or managing enterprises and cooperatives in Vietnam in cases where enterprises or cooperatives are declared bankrupt by Courts.

The competent state authority will grant individuals a criminal or judicial record card, which is issued by the department of justice or data center of judicial records to provide information whether or not an individual has any criminal record; prohibited or not prohibited from holding the position, establishing company in Vietnam, managing enterprises and cooperatives in Vietnam in case the enterprise or cooperative is declared bankrupt. Within the enterprise, judicial record cards will support human resource management, business registration, establishment, management of enterprises, cooperatives … Besides, many government agencies and organizations requesting individuals to provide judicial record cards for some necessary activities i.e. criminal record requirement for employment, criminal record for work permit application, criminal record for immigration purposes. According to Clause 1, Article 44, Law on Judicial Records 2009, there are two types of judicial record cards, including:

– Judicial record card No. 1 issued to Vietnamese citizens, foreigners who have or are residing in Vietnam to serve the purpose of human resource management, business registration, establishment, management of enterprises and cooperatives.

– Judicial record card No. 2 issued to Vietnamese citizen or foreigners whom have or are residing in Vietnam to serve the purpose of immigration, or others.

Depending on the purpose of using judicial record cards, individuals, agencies and organizations request the issuance of judicial record cards No. 1 or No. 2.

Pursuant to the Law on Judicial Records in 2009, Decree 111/2010 / ND-CP guiding the implementation of the Law on Judicial Records, the time limit for judicial record cards of Vietnam so far has not been clearly defined. Criminal record card’s time limit depend on the provisions in the documents of each relevant legal field and depending on the decision of the agency or organization that need to verify the status of judicial record of this individual.

As Articles 20, 24 and 28 of the Nationality Law of 2008, amended and supplemented in 2017, the application for admission, renunciation and return to Vietnamese nationality must have a judicial record card issued within no more than 90 days. For visa applications (VISA) at the US Embassy or the US Consulate General, the individual must have a judicial record card issued within 1 year for immigration verification.

Therefore, when individuals are required to provide judicial record cards at agencies and organizations, they must consider the regulations on the time limit that such agencies allow for judicial record cards. It is not contrary to the Law on Judicial Records in 2009, because the Law does not clearly stipulate the legal effect on two judicial record cards No. 1 and 2, as well as there are no regulations limiting the agencies and organizations to set the time limit for the criminal record cards in Vietnam.

Nguồn: https://antlawyers.vn/law-firm-in-vietnam/legal-validity-of-criminal-records-card-in-vietnam.html

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The Purposes of Using Criminal Record Card

 Under Clause 1, Article 2 of the Law on Criminal Record 2009, criminal record card is the records on the previous convictions of a person that is sentenced under valid court judgments or decisions, and banning individual from holding position, establishing or managing enterprises and cooperatives in cases where the enterprises or cooperatives are declared bankrupt by the court.

Article 7 – The Law on Criminal Record 2009 regulates that the following individual, agencies and organizations may request competent agencies to issue Criminal Record card:

Vietnamese citizens and foreigners who have been or are residing in Vietnam have the right to request the issuance of their criminal record cards;

Proceeding agencies may request the issuance of criminal record card for investigation, prosecution and trial;

State agencies, political organizations and socio-political organizations may request the issuance of criminal record to serve the personnel management, business registration, establishment and management of enterprises and cooperatives.

Criminal record cards include:

a/ Criminal record card no.1 is issued to individual, agencies and organizations defined in Clauses 1 and 3, Article 7 of this Law;

b/ Criminal record card no.2 is issued to agencies conducting the proceedings, defined in Clause 2, Article 7 of this Law and issued at the request of the individual so that he/she can know the contents of his/her criminal resume.

The basic difference of these two types is that the criminal record card no.1 only records the sentence has not been removed. If the case has been deleted, it will state “no criminal record”. The criminal record card no.2 records all previous criminal convictions regardless of whether they were deleted or not.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have law firm in Hanoi, law firm in Ho Chi Minh City and law firm in Da Nang.

Finding the right business partner in Vietnam is also important. We recommend doing research on the reputation of the company and individual shareholders, corporate or individual, gathering publicly available company information, and performing background checks on key personnel to find potential risks in cooperation. Working with a reliable partner can help achieve economic benefits, saving time and money in business.

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Criminal Record for Foreign Citizens Residing in Vietnam

 When foreign citizens residing in Vietnam wish to apply and have their criminal record card issued, applicants have to prepare documents as follows:

The case that documents are submitted directly:

A written declaration request for granting the criminal record card according to form

Passport and Visa

Permanent residence card, temporary residence card, temporary residence book or temporary residence certificate of ward, commune or township police.

The case that a person is authorized by the client to submit documents will have to submit additional documents as follows:

A written declaration request for granting the criminal record according to form

Passport and Visa

The original of authorization letter. The case that the person requesting for criminal record card issuance is parents, spouses, children of whom have been granted the criminal record card is not required to have the authorization letter but will be replaced with papers to prove relationship (birth certificate, certificate of marriage)

Identity card (or passport) of authorized person.

Time limit for settling: 10 working days

There will be criminal record form 1 or criminal record form 2 to be requested.

Lawyers at ANT Lawyers, a law firm in Vietnam will be available to assist client to apply and obtain the criminal record in Vietnam.

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