1. Legal grounds:
Criminal Record Law No. 28/2013/QH12 dated 17th June, 2009 of the National Assembly.
Decree No. 11/2016/ND-CP dated 03 February 2016 of the Government.
2. Analysis
When carrying out the procedures for applying work permit to foreigners working in Vietnam, one of the important document required under the application dossiers is the criminal record granted by either Vietnamese or foreign competent authorities for the foreigner. Under the previous regulations, it is still unclear of whether foreigners who have resided in Vietnam for a period of less than 6 months must obtain criminal record granted by the foreign competent authority or a Vietnamese criminal record should suffice for this purpose.
It is until Decree No. 11/2016/ND-CP dated 03 February 2016 of the Government that the laws have made it clear that for an expatriate resided in Vietnam, only criminal record granted by Vietnamese competent authority is required, regardless of whether he/she has been residing in Vietnam for 6 months or lesser.
For example:
Mr. A is Japanese but living in Hanoi, Vietnam for 3 months. Under the old regulations, in the event that Mr. A would like to apply for work permit, he shall have to obtain a criminal record issued by Japanese competent authority for submission as part of the dossier for granting of work permit. However, the new Decree 11/2016/ND-CP permitted Mr. A to submit Vietnamese criminal record, which is still suffice for the purpose of applying for work permit in Vietnam.
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