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In Vietnam, does the procedure for issuing criminal records to foreigners currently require a temporary residence permit?

This article will answer the question of whether the procedure for granting criminal records to foreigners in Vietnam requires a temporary residence permit or not. Understanding the requirements and necessary documents will help foreigners prepare their documents completely and accurately, ensuring that the procedure goes smoothly. Find out the details to grasp the current regulations and protect your rights.

According to the provisions of Clause 9, Clause 12, Clause 13, Clause 14, Article 3 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014:

“Article 3. Interpretation of terms

…12. Temporary residence certificate is the act by which a competent authority of Vietnam determines the period of time a foreigner is allowed to temporarily reside in Vietnam.

13. A temporary residence card is a type of document issued by the immigration authority or a competent authority of the Ministry of Foreign Affairs to foreigners who are permitted to reside for a limited period of time in Vietnam and is valid in lieu of a visa.

14. A permanent residence card is a type of document issued by the immigration authority to foreigners who are allowed to reside indefinitely in Vietnam and is valid in lieu of a visa.

Thus, referring to the above regulations, it can be understood that residence is the permanent or temporary residence of a foreigner in Vietnam. A temporary residence card is a type of document issued by the immigration management agency or a competent agency of the Ministry of Foreign Affairs to foreigners who are allowed to reside for a limited period of time in Vietnam and is valid in lieu of a visa.

Accordingly, referring to the previously mentioned items, foreigners who request to be issued a Criminal Record Certificate at the Department of Justice, in addition to complying with the provisions of the 2009 Criminal Record Law and its implementing documents, must also refer to the 2014 Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam and the 2019 amended Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam and its implementing documents.

At the same time, there is no requirement for temporary residence certificate in the application file for a criminal record certificate for foreigners. Thus, foreigners are not required to submit temporary residence certificate when requesting a criminal record certificate.