Police clearance

Why not get the police clearance just before you leave, this will give you 6 months to sort out a WP.

Does the UK police check require in person fingerprints?

In UK.  I apply by email (must be to UK address)  then dad fwds it here.

I get far more hassle because I have a work permit than those who don't have quals or can't be bothered: teaching illegally on a biz or tourist visa.

Scotland disclosure whatever,  confusing name is all online now.

Hilariously they offer free notarisation but it's a different department so u must get someone in the UK to receive your crc,  then immediately send it back to the place it came from to stamp it

And then they will send it back to the UK address.

Note they will not provide it at all if u admit u r working abroad.  Only employers may apply from abroad.

Apply for it before you leave. Get it sent to Viet Nam if needed.
To be honest, I dont think it matters that much since by the time you renew your Visa, you will have already been here for months

QuangNguyen84 wrote:

Apply for it before you leave. Get it sent to Viet Nam if needed.
To be honest, I dont think it matters that much since by the time you renew your Visa, you will have already been here for months

It has nothing to do with visa renewal.  It is for the work permit.  Read first, comment after.

Post here just in case you need.
If you want to apply for Vietnam Work Permit, so you can apply for Vietnam police check to add to your WP application instead of using UK police check.

KathyBrown1410 wrote:

Post here just in case you need.
If you want to apply for Vietnam Work Permit, so you can apply for Vietnam police check to add to your WP application instead of using UK police check.

Labour Dept. will accept a local (Vietnamese) PC only if the applicant has been living in Vietnam for the past six consecutive months without a break.
Otherwise s/he needs to arrange a PC from her/his home country or embassy/consulate.

It was. But now he can apply for Vietnam police check even when he lives here less than 6 months.

KathyBrown1410 wrote:

It was. But now he can apply for Vietnam police check even when he lives here less than 6 months.

Could you tell us when this new law was introduced? If true, that would be a useful piece of info for our members then.

I just know that according to the Decree no. 102/2013/NĐ-CP, it required foreigners to have both police check from their countries and police check from Vietnam. at that time there was an argument about how to apply for Vietnam WP while foreigners need to stay here more than 6 months then they could apply for police check.
From that time, the word "residence" means that foreigners enter Vietnam and stay here  even for a short time. Thus, foreigners can apply for Vietnam police check even when they live here less than 6 months.
Ofcourse to apply for Vietnam police check, they need to have confirmation of local residence issued by Ward police station where they live in Vietnam.

KathyBrown1410 wrote:

I just know that according to the Decree no. 102/2013/NĐ-CP, it required foreigners to have both police check from their countries and police check from Vietnam. at that time there was an argument about how to apply for Vietnam WP while foreigners need to stay here more than 6 months then they could apply for police check.
From that time, the word "residence" means that foreigners enter Vietnam and stay here  even for a short time. Thus, foreigners can apply for Vietnam police check even when they live here less than 6 months.

Is there any decree/circular to confirm that the interpretation of the word 'residence' (as you said) has changed?

I see the legal firms in Vietnam still maintain that a foreigner needs a VN PC only if s/he has already stayed in VN for six months or more at the time of applying for his/her WP.

(Quote)
for obtaining Clean Criminal Record for you in Vietnam if you have stayed in Vietnam for 6 months before date of submission of application dossier for work permit
(Unquote)
Ref: SB Law - 28 Nov, 2017

(Quote)
Notarized and Legalized of Non-Criminal record: issued by the foreigner’s authorized body before coming to Vietnam / Police track of Vietnam is issued by Department of Justice for foreigners who live in Vietnam for 6 months or more.
(Unquote)
Ref: GBS Legal Services, VN

there is no new law about it but the meaning of that word is implicitly understood by competent authorities. and now Justice department accepts and issues Vietnam police check for foreigners who live here less than 6 months. many foreigners who I know got their Vietnam police check when you enter Vietnam less than 6 months. I do not know clearly it is true or not in HCM city, but I make sure about it if foreigners apply for it in Hanoi.

KathyBrown1410 wrote:

there is no new law about it but the meaning of that word is implicitly understood by competent authorities. and now Justice department accepts and issues Vietnam police check for foreigners who live here less than 6 months. many foreigners who I know got their Vietnam police check when you enter Vietnam less than 6 months. I do not know clearly it is true or not in HCM city, but I make sure about it if foreigners apply for it in Hanoi.

So any foreigner arriving in VN with a DL/DN visa of 3 months validity can now apply for a VN PCC in lieu of a foreign PCC from his/her home country to apply for a VN WP.  Is that what you suggest?

I mean they can choose to submit police check from Vietnam or their countries to apply for VN WP. Because now, they just need 1 police check from Vietnam or from their countries. so if they do not have police check from their countries, they can apply for Vietnam police check instead.

The law must have changed. When I did a police check I had to get one from my home country and one in Vietnam.I had been residing in Viet Nam for over 12 months. A local police check wont reveal if you have been convicted of serious crime in the past.

Yes. the law has changed in 2016. you can check the decree No. 11/2016/ND-CP on detailing the Regulations on the implementation of a number of Articles of the Labour Code regarding foreign workers in Vietnam.

KathyBrown1410 wrote:

Yes. the law has changed in 2016. you can check the decree No. 11/2016/ND-CP on detailing the Regulations on the implementation of a number of Articles of the Labour Code regarding foreign workers in Vietnam.

So that means someone who has a criminal record in their home country for...lets say rape, can reside in Vietnam for 6 months and get a local police check. Seems to be a ridiculous change of rules.

i been here 4 years.

had to move house

now living in a flophouse for a week opr two


sti;ll get criminal record check.

colinoscapee wrote:

KathyBrown1410 wrote:

Yes. the law has changed in 2016. you can check the decree No. 11/2016/ND-CP on detailing the Regulations on the implementation of a number of Articles of the Labour Code regarding foreign workers in Vietnam.

So that means someone who has a criminal record in their home country for...lets say rape, can reside in Vietnam for 6 months and get a local police check. Seems to be a ridiculous change of rules.

As @kathyBrown keeps repeating .. a foreigner doesn't even have to live here for 6 months to be considered a 'resident'. That really surprises me.

So in theory, now anyone can land in VN, rent an accommodation for a month (of course we all register with the ward police) and go for a VN criminal check to get a VN WP.  No need to worry about one's criminal antecedents (if any) outside of VN!!
If that's what it comes down to, it really doesn't make any sense to me.

Here's what the decree no. 11/2016/ND-CP says:
(quote)
4. The worker is not a criminal or liable to criminal prosecution in accordance with the Vietnam law and the foreign country’s law.
.................
The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution issued by the foreign competent authority. If the foreign worker is a lawful resident in Vietnam, only the criminal record issued by the Vietnamese competent authority is required.
The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution must be issued within 06 months prior to the submission of the application.
(unquote)
Ref: http://www.molisa.gov.vn/en/

What @KatheyBrown says is .. the meaning and interpretation of the phrase "lawful resident of Vietnam" has been changed and a foreigner living in Vietnam for less than six months is now implicitly recognized by the Justice Dept. as a lawful resident of Vietnam ... hence eligible for a VN PCC in lieu of a foreign PCC to apply for a WP.
I find it bit strange!!

it is strange. Every search I did came back with the law office or whatever saying that the no guidance was given for how long a foreigner had to be in Vietnam only that they be resident. Apparently an exit and entry stamp in one's passport is good enough if one hasn't got a resident visa. Here's a summary from an employment website about the changes:

WORK PERMIT UPDATES, FEBRUARY 2016

PROCEDURAL CHANGES TO WORK PERMIT PROCESS

Criminal Background (Police) Checks
Foreign individuals residing in Vietnam will no longer be required to obtain
both a foreign and local Criminal Background Check when applying for a work
permit, and instead applications will only require a local (Vietnamese) Criminal
Background Check. The Decree is not clear, though, on what specific length of
time someone is required to have resided in Vietnam to avail themselves to this
option.

Health Certificates
Health Certificates for work permit purposes are no longer restricted to local
hospitals/clinics, with the Decree now permitting foreign health care providers
abroad to issue Health Certificates for work permits. The Decree does not
provide specific guidance, though, on what process a foreign health care
provider must follow for the purpose of issuing a valid Health Certificate for
Vietnamese work permit purposes.  Health Certificates are also now valid for 12
months from their issue date, where previously they would be only accepted for
6 months.

This publication is general in nature and should not be relied upon without first seeking specific advice. No liability is taken for the content of this publication, nor any responsibility for any actions taken based upon the content.
Copyright (c) 2016 Domicile Consulting & Service Company Limited, All rights reserved.

Application Process
The application process has been further streamlined, with shorter approval times (down to 7 days from 10 days), longer windows for work permit renewal applications (45 days before expiry, compared to the previous 15 days), and simplified process for applications where the applicants have previously held a valid Vietnam work permit.

Definitions
The definitions of foreign experts, executives, managers and technicians have been further clarified and somewhat simplified in order for individuals to meet the requirements. For example, where foreign experts who held a bachelors degree or higher were previously required to have 5 years relevant work experience, this has been reduced to 3 years relevant work experience.

EXEMPTIONS FROM WORK PERMITS - EXPANDED CATEGORIES
Additional categories of exemptions from obtaining and holding a work permit have been added, including:
- Foreign experts holding management positions or technicians who work in Vietnam for less than 30 days at a time, and less than 90 days in total in a year; and
- Students and trainees from foreign education institutions who are undertaking internships in Vietnam.
It is important to note that these exemptions require an Exemption Confirmation Certificate to be issued before these exemptions apply, with the resulting Certificate valid for up to 2 years.

ADMINISTRATION & ENFORCEMENT
The Decree continues to highlight certain enforcement and administration matters that are pertinent to work permits and foreign individuals working in Vietnam, including:
- Foreign individuals must hold a valid work permit before they commence any employment in Vietnam, unless they fall within one of the exemption categories with appropriate certificates or documentation. The labour contract, which is to be signed after issuance of the work permit but before commencement of employment, must be lodged with the Department of Labour, Invalids and Social Affairs (DOLISA) within 5 days of it being signed;

- The employer has the responsibility to withdraw and return expired, revoked or invalid work permits to DOLISA; and
- Any foreign individuals working in Vietnam without a valid Work Permit or appropriate exemption, are to be deported from Vietnam, with an obligation imposed on companies and individuals to report any such cases to DOLISA

Edit: I added the underlining and italics. VC

I just helped an acquaintance from Ireland to apply for Criminal Record Certificate and want to share some information:

1) Which one to apply:

There are 2 kinds of Criminal Record in Vietnam: no 1 and no 2.

*No 1 is for:
+ individuals who want to use Criminal Record for personal/professional purpose: apply for a new job, apply for college/university, apply for marriage certificate abroad, apply for residence abroad …
+ political organizations who want to verify about someone for the purpose of employment or promotion.
No 1 only states/includes unspent convictions and doesn’t state/include spent convictions.

*No 2 is for:
+ individuals who just want to know their criminal record which is stored in government database (not to apply for job or any other purpose)
+ proceeding-conducting agencies (courts, procuracies) for the purpose of investigating a case/lawsuit.
No 2 states both spent and unspent convictions.

This means you usually only need to apply for Criminal Record no 1.
Because most of you need Criminal Record for job/education/marriage purpose.
If any organization request you for Criminal Record no 2, it’s against Vietnam law.

2) How to apply: There are 2 ways:

+ Online: via https://lltptructuyen.moj.gov.vn/home
If you apply online, you may not expect that they would be very responsive for you, you may need to follow up with them via email totracuu@moj.gov.vn or phone no: +84 24 3203 1313

+ Authorize someone in Hanoi to come to The National Center for Criminal Record to help you to apply in person.
Address: 6th floor, Building A, No.9 Tran Vi Street, Mai Dich Ward, Cau Giay District, Hanoi. This is inside campus of Vietnam’s Judicial Academy.

3) Requested documents for Criminal Record no 1:

* Note:

+ You need to notarize all your documents at Vietnamese Embassy/Consulate. If your country doesn’t have Vietnamese Embassy/Consulate, go to a neighboring country has. They don’t accept notarization from any notarization office.

+ All forms need to be filled by Vietnamese in Vietnamese form.

* If apply online by yourself:

+ An application form for criminal record certificates (Form No. 03/2013/TT-LLTP)

+ A certified copy of applicant’s valid passport or ID card

+ A certified copy of applicant’s household registration book/temporary residence certificate/permanent residence certificate/temporary residence card/permanent residence card or original of temporary residence certificate/permanent residence certificate.
In case there is no temporary residence certificate/permanent residence certificate/temporary residence card/permanent residence card, a certified copy of passport with entries and exits relevant to Vietnam or visas stamped by Vietnamese Migration Department shall be submitted.

+ Registration for receiving criminal record certificates through postal service (Form No. 01/2014/LLTP).

* If authorize someone to apply for you:

- An application form for criminal record certificates – (Form No.04/2013/TT-LLTP) (This is filled and signed by the person who apply for you, that person will declare for you. Of course you need to provide him/her your information).

- A certified copy of applicant’s valid passport and ID card and ID card or passport of the authorized person.

- A certified copy of applicant’s household registration book/ temporary residence certificate / permanent residence certificate /temporary residence card/permanent residence card or original of temporary residence certificate/permanent residence certificate.

In case there is no temporary residence certificate/permanent residence certificate/temporary residence card/permanent residence card, a certified copy of passport with entries and exits relevant to Vietnam or visas stamped by Vietnamese Migration Department shall be submitted.

- A certified authorization letter on implementing all procedures for criminal record certificates.

4) Time and fee:

Officially it takes 3 weeks and 200,000 VND to receive the Criminal Record, though sometime the date on the Criminal Record is just 1 week from the day you apply. After they receive your application and payment, they should issue you/the authorized person a letter stating the date you should expect to receive the Criminal Record. (I can send you photo for reference).

However the Criminal Record you would receive is in Vietnamese, you would need to have it translated to English and notarized.

5) Postal fee to send your Criminal Record:

I haven’t send documents to many countries, only to South Africa, Canada and Ireland, so below are my personal experiences if sending to Canada/Ireland (for the weight of Criminal :

+ By DHL: around 1,464,000 VND for Canada and Ireland; 1,760,000 VND for South Africa. Receive in 2-3 business days. You can check the price on their website.

+ By Vietnam Post: around 830,000 VND for Canada and Ireland. Receive in 5-6 business days. Price on their website is not correct (when I called they said they didn’t update their website).

So if you don’t need to send urgent and want to save the cost, you can select to send by Vietnam Post.

Sorry to bother you Ian, what Police Clearance check did you get in the UK please? Thanks Danni