QUESTION 7: PROBLEMS REGARDING CRIMINAL RECORD FOR FOREIGNERS
The provisions of Clause 2, Article 5 of Circular 03/2014/TT-BLĐTBXH-dated 20/01/2014 of the Ministry of Labour - Invalids and Social Affairs guiding the implementation of a number of articles of Decree No. 102/2013/NĐ-CP of the Government dated 05/09/2013 elaborating some articles of the Labor Code on foreign workers in Viet Nam stipulated as written below:
"If foreign laborers have resided in Vietnam, they must have a justice record granted by the national justice record center or in cases of residing in Vietnam, they must have justice record granted by Departments of Justice in provinces and central-affiliated cities etc.".
Thus, in accordance with the regulations, foreigners or resident (temporary or permanent) in Viet Nam are required to provide a criminal record.
Normally the authorities will base on the time of permitted residence (temporary residence) on foreign passports to determine the providing of criminal record in Viet Nam. However, in the process of evaluating to grant permits for foreigners, in case foreign workers have visa B3, B4 (visa for foreigners entering Vietnam to work) or visit Vietnam many times (though discontinue), Department of Labour - Invalids and Social Affairs may request a written explanation for the purposes of entering Viet Nam and Viet Nam criminal record to have facts for legal processing.