Legal basis

• Law on Judicial records 2009;

• Residence Law 2020.

1. Definition

1.1. Definition of judicial record

According to Article 2.1 of the Law on Judicial records 2009, Judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person’s holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

1.2. Judicial record card

According to Article 2.4 of the Law on Judicial records 2009, Judicial record card means a card issued by an agency managing the judicial record database and valid to prove whether or not an individual has a previous criminal conviction, is banned from holding certain posts, establishing or managing enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.

2. Right to request the issuance of judicial record cards for foreigners

According to Article 7.1 of the Law on Judicial records 2009, foreigners has right to request the issuance of judicial record:

• Foreigners resided in Vietnam
• Foreigners currently residing in Vietnam.

According to Article 41.1a of the Law on Judicial records 2009, foreigners specified in Article 7.1 of this Law will be granted with Judicial record card No. 1

3. Procedures for requesting the issuance of judicial record card No. 1 for foreigners

According to Article 45 of the Law on Judicial records 2009 amended by 37.4 of the Residence Law 2020, procedures for requesting the issuance of judicial record card No. 1 are regulated: 

• A requester for a judicial record card shall submit a declaration requesting the issuance thereof enclosed with the following papers:
  • A copy of the identity card or passport of the person requested to be issued a judicial record card;

• Individuals shall submit declarations requesting the issuance of judicial record cards and enclosed papers to the following agencies:
  • Vietnamese citizens shall submit their declarations to provincial-level Justice Departments in localities where they permanently reside. In case they have no place of permanent residence, they shall submit such a declaration to the provincial-level Justice Department in the locality where the requester temporarily resides. A requester residing overseas shall submit such a declaration to the provincial-level Justice Department in the locality where he/she resided before his/her departure;
  • Foreigners residing in Vietnam shall submit their declarations to provincial-level Justice Departments in localities where they reside. In case they have left Vietnam, their declarations shall be submitted to the National Center for Judicial Records.

• Individuals may authorize other persons to carry out procedures for requesting the issuance of judicial record cards. The authorization must be established in writing under law. In case a requester for a judicial record card is a parent, spouse or child of the person requested to be issued a judicial record card, no written authorization is required.

4. Competence to issue judicial record cards No. 1 for foreigners

• For foreigners who resided in Vietnam:

According to Article 44.1b of the Law on Judicial records 2009, The National Center for Judicial Records shall issue judicial record cards for him/her.

• For foreigners who are currently residing in Vietnam:

According to Article 44.2c of the Law on Judicial records 2009, Provincial-level Justice Departments shall issue judicial record cards for him/her.