CAN A FOREIGNER APPLY FOR A CRIMINAL RECORD IN VIETNAM WHEN RESIDING FOR LESS THAN 06 MONTHS?

A Criminal Record Card (LLTP) is one of the important documents that foreigners often have to provide when applying for a work permit, temporary residence card, visa or carrying out other administrative procedures in Vietnam. However, there are many cases where foreigners have only resided in Vietnam for a short time and wonder whether they are eligible to apply for a Judicial Record Card? The following article will answer the regulations on the issuance of a Judicial Record Card for foreigners residing for less than 06 months, and at the same time guide the dossier and procedures to comply with the provisions of Vietnamese law.

1. What is a criminal record card?

The Law on Judicial Record 2009 (amended and supplemented by Law No. 107/2025/QH15) defines a judicial record card as a card issued by the agency competent to issue a judicial record card^[1]. At the same time, this card also records whether an individual is banned from holding a position or by the Court from establishing and managing enterprises or cooperatives. 

2. Conditions for foreigners to be granted judicial record cards

Foreigners aged full 16 years or older who have or are legally residing in Vietnam have the right to request the issuance of a judicial record card^[2]. It can be seen that the law does not stipulate that foreigners must reside in Vietnam for 06 months or more to carry out this procedure. Therefore, as long as the conditions on subjects are met and the prescribed order and procedures are followed, foreigners can still apply for a judicial record card in Vietnam.

3. Procedures and components of dossiers for issuance of judicial record cards

3.1. Criminal Record Card Form

Article 41 of the Law on Judicial Record stipulates that judicial record cards issued to foreigners who have been or are residing in Vietnam are full 16 years old or older as Judicial record cards No. 1 and judicial record cards No. 2.

Circular 101/2026/TT-BCA stipulates forms related to the issuance of judicial record cards, specifically:The declaration for issuance of judicial record cards for individuals requesting the issuance of judicial record cards is form No. 02/2026/LLTP (Form No. 02), the declaration of request for issuance of judicial record cards for parents, spouses, children, guardians or authorized persons is form No. 03/2026/LLTP (Form No. 03).

3.2. Procedures and components of the dossier

Foreigners wishing to be issued LLTP cards can directly submit dossiers, send dossiers via postal service or authorize others to carry out the procedures^[3]. Dossiers are sent to the provincial-level police where foreigners reside.

3.2.1. In case a foreigner directly submits a dossier, the dossier includes: A declaration of request for issuance of an LLTP card according to Form No. 02^[4]. 

3.2.2. In case of submission via postal service, the dossier includes: A declaration for issuance of an LLTP card according to Form No. 02 enclosed with the signature of the foreigner, the signature must be notarized and authenticated at the notary^[5] office. 

3.2.3. Foreigners may authorize other persons to submit dossiers for issuance of LLTP cards. The authorization must be made in writing and notarized and authenticated at the notary office. Depending on the method of submission of the dossier, the composition of the dossier in case of authorization is determined as follows^[6]:

• Submit the dossier directly: The declaration for issuance of the LLTP card according to Form No. 03 and the notarized and authenticated power of attorney.
• Submission of dossiers via postal service: Declaration of request for issuance of LLTP card according to Form No. 03 with the notarized and authenticated signature of the foreigner and a notarized or authenticated power of attorney.

4. Inconveniences for foreigners when authorizing the issuance of LLTP cards

4.1. Abuse or breach of authorization

When authorizing another person to carry out the procedures, the authorized person is only allowed to perform the tasks within the scope recorded in the authorization document. However, there are cases where the authorized person performs beyond the assigned scope or improperly performs the requirements of the authorizer, which may give rise to risks and cause disadvantages to the authorizer.

4.2. Incurring additional costs for notarization and authentication

The authorization may incur additional costs due to the fact that the foreigner must notarize and authenticate the signature on the declaration form and/or the authorization document as required for each method of submission.

4.3. Inconvenience in time and coordination between parties

Authorization requires the foreigner and the authorized person to coordinate in many steps, from preparing information, signing and notarizing, authenticating documents to transferring documents and monitoring the processing process.

The issuance of a Judicial Record Card is a necessary procedure for foreigners. Although the procedure can be carried out directly, via postal service or through authorization, foreigners still need to pay attention to the composition of the dossier, the form of notarization and authentication to limit the request for additional dossiers or prolong the processing time. If you need assistance in preparing documents or carrying out procedures for issuing Judicial Record Cards to foreigners in Vietnam, please contact Lexsol for advice and support in preparing and completing documents quickly and in accordance with regulations.

Read more: Employment & Compliance Legal Services in Vietnam