QUESTION 7: PROBLEMS REGARDING CRIMINAL RECORD FOR FOREIGNERS

At present, one of the necessary paperwork to apply for a work permit is that for people who stayed in Vietnam even only one day, they must apply and submit the criminal record in Vietnam . The first thing can be found that asking the criminal record in Vietnam for those who only stay a few days is excessive and inappropriate. We think that asking the criminal record in Vietnam should be limited in reasonable cases when the person stays in Vietnam for over 183 days / year and become "residents". Also, normally the hotel will not produce a certificate of residential address for just-a-few-day tenants to apply for criminal records. Because the police can not issue a certificate of residence for those who only stay shortly at the hotel. Assuming that even in cases tenants stay only a few days, Department of Labour, Invalids and Social Affairs insists on requiring to produce a criminal record, the Department should be responsible for working with related agencies including the police to have proper directions so that the hotel agree to produce a certificate of residence for those staying only a few days. If there are no close direction and guiding mechanism for the police in Ho Chi Minh City and neighboring provinces to grant certificate of residence quickly for those who stay only a few days, the request to submit a criminal records for those who only stay a few days can be seen as impossible and ridiculous.

DOLISA answers:

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.