Photo: Freepik

1. Requirements for foreigners to work in Vietnam

Requirements for foreigners to work in Vietnam under Article 151 of the Labor Code 2019 are as follows:

• A foreign employee means a person who has a foreign nationality and:
  • Is at last 18 years of age and has full legal capacity;
  • Has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;
  • Is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
  • Has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of the Labor Code 2019.
• The duration of a foreign employee’s employment contract must not exceed that of the work permit. When a foreign employee in Vietnam is recruited, both parties may negotiate the conclusion of multiple fixed-term labor contracts.
• Foreign employees working in Vietnam shall comply with and shall be protected by the labor law of Vietnam, unless otherwise prescribed by treaties to which Vietnam is a signatory.

2. Cases in which a work permit is invalid in Vietnam

According to Article 156 of the Labor Code 2019, the cases in which a work permit is invalid are as follows:

• The work permit expires.
• The employment contract is terminated.
• The contents of the employment contract are inconsistent with the contents of the work permit granted.
• The work performed is not conformable with the contents of the work permit granted.
• The contract that is the basis for issuance of the work permit expires or is terminated.
• The foreign party issues a written notice which terminates the dispatch of the foreign employee to Vietnam.
• The Vietnamese party or foreign organization that hires the foreign employee ceases its operation.
• The work permit is revoked.

3. Requirements for employment of foreigners in Vietnam

According to Article 152 of the Labor Code 2019, the requirements for employment of foreigners in Vietnam. are as follows:

• Enterprises, organizations, individuals and contractors shall only employ foreigners to hold positions of managers, executive directors, specialists and technical workers the professional requirements for which cannot be met by Vietnamese workers.
• Recruitment of foreign employees in Vietnam shall be explained and subject to written approval by competent authorities.
• Before recruiting foreign employees in Vietnam, a contractor shall list the positions, necessary qualifications, skills, experience and employment period of the contract, and obtain a written approval from a competent authority.

Source: LawNet

Photo: Collected

Currently, any individual, agency, or organization, whether in Vietnam or abroad, who wants to apply for a Criminal record, needs to fill out all information in the declaration requesting a Criminal record card.

So:

• What is the latest form to request a criminal record certificate?

• What are the specific instructions for writing a criminal record declaration?

Join us to find out right in this article.

1. Declaration form requesting a criminal record certificate

Currently, individuals requesting a Criminal record certificate No. 1 can authorize a representative to submit the application and receive the results, while individuals requesting a Criminal record card No. 2 have to apply by themselves.

Therefore, there are 2 Criminal record declaration forms below, which are issued with Circular 16/2013/TT-BTP.

• Declaration to request issuance of a Criminal record certificate, form No. 03/2013/TT-LLTP for individuals applying for a Criminal record themselves

• Declaration requesting issuance of a Criminal record certificate, form No. 04/2013/TT-LLTP for authorized individuals to apply for a Criminal record.

2. Instructions for filling out the Criminal Record declaration form

Declaring a Criminal record will not be difficult if you understand the rules below and are a little patient and careful. Below, we will guide you in detail step by step on how to declare a criminal record for each declaration form.

2.1. How to fill out the application form for a Criminal record certificate (form No. 03/2013/TT-LLTP)

This is a declaration form for individuals to submit their own criminal record application.

This declaration form has simpler information than declaration form No. 04, including 3 main parts:

• Information about individuals applying for a criminal record;

• Information about your residence history;

• Information on requests for criminal records.

At that time, the declarant will need to provide the following information:

• Full name: All full names (of the person requesting a criminal record card, father, mother, spouse) must be written in capital letters, fully accented, and in the correct order according to the ID card/Citizen Identification/Passport;

• Gender: Write gender according to ID card/Citizen Identification/Passport;

• Place of birth: Clearly state commune/ward, district, province/centrally-run city;

• Date of birth: Enter the correct date of birth on the corresponding ID card/Citizen Identification/Passport of the person requesting a Criminal record card and the father, mother, and spouse;

• Nationality: Enter nationality according to ID card/Citizen Identification/Passport;

• Place of permanent residence, temporary residence: Clearly state commune/ward, district, province/centrally-run city. In case there is a permanent place of residence and a temporary place of residence, write both places;

• ID card/Passport: Clearly state whether the ID card, Citizen Identification card or Passport is included when applying for a Criminal record, then write the ID card/Citizen Identification/Passport number, the time of issue and the issuing agency;

• You will then write down your residence history since the age of 14, clearly stating the time, permanent/temporary residence address as well as occupation and place of work.

• A small note when filling in the occupation section: For people who have been active military personnel, civil servants, defense workers, reserve soldiers, and self-defense militiamen, clearly state the position during their time serving in the military team.

• Section about criminal record, or prohibition from holding positions, establishing and managing cooperative enterprises: write no if there is no relevant information.

• Then, check Request for criminal record certificate No. 1 or No. 2.

• Fill in the purpose of requesting a Criminal record certificate and the number of forms you need.

• Finally, clearly state the date, full name and signature.

2.2. How to fill out the application form for a Criminal record certificate (form No. 04/2013/TT-LLTP)

This is a Criminal record declaration form for an individual in case of authorization to issue Judicial Record Card No. 1 and the individual is the father or mother of a minor requesting the issuance of Judicial Record Card No. 2.

This Criminal record declaration form includes 5 parts:

• Information about the person authorized to request a criminal record;

• Information about the authorizing person or the minor child requiring a criminal record;

• Information about the authorizing person's father, mother, spouse or minor children;

• Information about the residence history of the authorizing person or minor child;

• Information on requests for criminal records.

The format for filling out information in this declaration for issuing a Judicial record card under authorization is the same as filling out the declaration requesting a Judicial record card, which the individual who needs to issue a Judicial record card declares and submits himself/herself.

In addition, in this Criminal record declaration form No. 04/2013/TT-LLTP, the declarant also needs to clearly state the relationship with the authorizer and the authorization document if not father, mother, wife, husband, child of the principal.

There is no need to declare information about the residence process if the person receiving the Criminal record is under 14 years old.

Source: VISANA

Photo: Freepik

1. Who shall receive judicial record cards No. 1, No. 2 in Vietnam?

Pursuant to the provisions of Clause 1, Article 41 of the Law on Judicial Records 2009, judicial record cards include:

• Judicial record card No. 1, which shall be issued to individuals, agencies and organizations:
  • Vietnamese citizens and foreigners who resided or are currently residing in Vietnam may request the issuance of judicial record cards.
  • State agencies, political organizations and socio-political organizations may request the issuance of judicial record cards to serve the personnel management, business registration, establishment and management of enterprises or cooperatives.
• Judicial record card No. 2, which shall be issued to procedure-conducting agencies:
  • At the request the issuance of judicial record cards to serve the investigation, prosecution and adjudication work.
  • At the request of individuals who want to know their judicial records.

Contents of Judical Record Card No.1 and No.2 (Source: Collected)

2. Contents of judicial record cards No. 1

Pursuant to the provisions of Article 42 of the Law on Judicial Records 2009, the judicial record cards No. 1 will contain the following contents:

• Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of the person to whom the judicial record card is issued.
• Previous criminal conviction:

• • For an unconvicted person, the words "no previous criminal conviction" shall be written. For a convict who has insufficient conditions for remission of his/her previous criminal convictions, the words "with a previous criminal conviction." the committed crime, principal and additional penalties shall be written;
  • For a person whose previous criminal conviction has been remitted and for whom information on remission of previous criminal conviction has been updated in his/her judicial records, the words "no previous criminal conviction" shall be written;
  • For a person eligible for amnesty and for whom information on amnesty has been updated in his/her judicial record, the words "no previous criminal conviction" shall be written.
• Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:
  • For a person not banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, the words "not banned from holding certain posts, establishing or managing enterprises or cooperatives" shall be written;
  • For a person banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, posts subject to the ban and the duration of the ban on establishment or management of enterprises or cooperatives" shall be written.

In case individuals, agencies or organizations make no request, details specified in this Clause will not be written in judicial record cards.

3. Contents of judicial record cards No. 2

Pursuant to the provisions of Article 43 of the Law on Judicial Records 2009, the judicial record cards No. 2 will contain the following contents:

• Full name, sex, date and place of birth, nationality, place of residence, serial number of the identity card or passport of the person to whom the judicial record card is issued, and full names of his/her parents and spouse.
• Previous criminal conviction:
  • For an unconvicted person, the words "no previous criminal conviction" shall be written.
  • For a convict, his/her remitted previous criminal conviction, time of remission, previous criminal conviction not yet remitted, date of judgment pronouncement, serial number of the judgment, the court which has pronounced the judgment, crime, applicable article(s) and clause(s) of law, principal and additional penalties, civil obligation in the criminal judgment, court fee, and state of judgment enforcement.

In case a person is convicted under different judgments, information on his/her previous criminal convictions shall be written in the temporal order.

• Information on the ban on holding of certain posts or establishment or management of enterprises or cooperatives:
  • For a person not banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, the words "not banned from holding certain posts, establishing or managing enterprises or cooperatives" shall be written;
  • For a person banned from holding certain posts, establishing or managing enterprises or cooperatives under a ruling on bankruptcy declaration, posts subject to the ban and the duration of the ban on establishment or management of enterprises or cooperatives shall be written.

Source: LawNet