Vietnamese Judicial Record No. 1 vs No. 2 for Immigration?
💡 For immigration to the US, Canada, Australia, and New Zealand, you need Judicial Record Certificate No. 2, the complete record showing all convictions including spent offences. The UK Home Office and most Schengen embassies accept Certificate No. 1. Requesting the wrong number means reapplying from scratch. Both certificates require a certified translation for any foreign filing.
- Certificate No. 1 shows only unspent (current) convictions; No. 2 shows all convictions, including spent and expunged ones.
- Most major immigration destinations require Certificate No. 2: US (USCIS), Canada (IRCC), Australia (Home Affairs), New Zealand, Japan, and South Korea.
- The UK Home Office and most Schengen embassies accept Certificate No. 1.
- As of 1 March 2025, both certificates are issued by the Ministry of Public Security, not the former Department of Justice.
- Every Vietnamese judicial record submitted abroad requires a certified translation with a signed certificate of accuracy.
Which certificate does each immigration authority actually require?
| Authority / destination | Certificate needed | Apostille required | Certified translation |
|---|---|---|---|
| US: USCIS / NVC (immigrant visa) | No. 2 | Not required | Yes, required |
| Canada: IRCC (PR / Express Entry) | No. 2 | Not required | Yes, required |
| Australia: Home Affairs (visa / PR) | No. 2 | Not required | Yes, required |
| New Zealand: immigration (residence) | No. 2 | Not required | Yes, required |
| Japan (immigration) | No. 2 | Confirm with embassy | Yes, required |
| South Korea (immigration) | No. 2 | Confirm with embassy | Yes, required |
| UK: Home Office (visa / settlement) | No. 1 | Not required | Yes, required |
| Schengen / EU embassies | No. 1 (typically) | Varies, check embassy | Yes, required |
| Work permit or business in Vietnam | No. 1 | N/A | N/A |
Always confirm the specific requirement directly with the authority you are filing to. The general rule: if you are applying outside the UK and EU, apply for No. 2.
What is each certificate, and what does it actually contain?
Vietnam's judicial record certificate (phiếu lý lịch tư pháp) comes in two types under the Law on Judicial Records. Both are issued in Vietnamese and look similar. The difference lies entirely in what they disclose.
Certificate No. 1 lists only your current, unspent convictions. If you have no convictions, or every past conviction has been legally expunged under Vietnamese law, the certificate states “no criminal record.” This is sufficient for most in-country purposes: work permits, business registration, and countries that only need to verify your current legal status.
Certificate No. 2 is the complete record. It includes every conviction ever entered against you, current or spent, with dates, court names, penalty details, and any prohibition orders. The expungement of a conviction under Vietnamese law does not remove it from this certificate. Immigration authorities that require the complete picture specifically demand this version.
Why does the wrong number cause weeks of delay?
If you submit Certificate No. 1 to USCIS, the Australian Department of Home Affairs, or IRCC, the reviewing officer will flag your file and request the correct No. 2. That triggers a full round-trip: reapply in Vietnam, wait the standard 10 working days, arrange a new certified translation, then refile. The delay can push a visa appointment or PR decision back by months.
The confusion is understandable. In Vietnamese administrative practice, No. 1 is the standard certificate for most purposes and is sometimes treated as the primary version. For immigration to the countries listed above, that logic is reversed: No. 2 is the required one, precisely because those authorities need the complete history that No. 1 omits.
How do you apply for the right certificate?
As of 1 March 2025, both certificates are issued by the Ministry of Public Security (Bộ Công an). Any guidance referencing the Department of Justice (Sở Tư pháp) as the issuing office is outdated. For a current procedural guide, see Vietnam Police Check 2026 (Nova Law).
If you are currently in Vietnam, apply in person at the Provincial Police Department in the locality where your household registration or current residence is recorded. The processing fee is VND 200,000 and the standard time is 10 working days.
If you are outside Vietnam, you can apply through the nearest Vietnamese embassy or consulate, send an application by registered post to the Record Management Division of the Ministry of Public Security, or authorize a relative via notarized power of attorney. For Certificate No. 2, a direct personal application or a notarized authorization is required.
Both certificates are valid for 6 months from the date of issue. If yours is nearing expiry, apply for a new one before ordering the translation, so you do not need to translate twice.
Does the police certificate need an apostille?
For US immigrant visa filings (USCIS / NVC) and Canadian IRCC applications, no apostille is required on the Vietnamese police certificate. The authorities accept the original certificate accompanied by a certified English translation.
Since 11 September 2026, Vietnam has been a full member of the Hague Apostille Convention. For other member countries, a single MOFA apostille now replaces the multi-step consular legalization chain. But check whether the specific immigration portal actually asks for an apostille on the police certificate: many do not. An apostille authenticates the official signature and seal on the original document, and it never replaces the certified translation.
What certified translation do you actually need?
Every Vietnamese judicial record certificate submitted abroad, No. 1 or No. 2, must be accompanied by a certified translation. The translation must be complete: every field, every stamp, every annotation on the certificate must appear in the translation. Nothing may be paraphrased or omitted.
The translator must attach a signed certificate of accuracy confirming competence in both languages and faithfulness to the original. For US filings, 8 CFR 103.2(b)(3) makes this explicit: certification by a competent translator is the sole requirement. Notarization of the translation is not required by USCIS or IRCC.
I provide certified Vietnamese document translation for legal and immigration purposes, including judicial record certificates and police clearances, with a signed certificate of accuracy accepted by USCIS, IRCC, and the Australian Department of Home Affairs. For destination-specific guides, see my posts on the judicial record for USCIS, for Certificate No. 2 for Australia, for Canada IRCC, and for Schengen visa filings. Request a quote and I can usually return the translated certificate within one business day.
FAQ
I only need to apply for a work permit in Vietnam. Which certificate do I need?
Certificate No. 1. For in-country purposes including work permits, business registration, and most local employment checks in Vietnam, No. 1 is the standard requirement. Certificate No. 2 is not needed unless the authority specifically requests it.
Can I use Certificate No. 1 for a US green card or immigrant visa application?
No. USCIS and the National Visa Center require Certificate No. 2 for all immigrant visa and adjustment-of-status filings. Submitting No. 1 will trigger a request for the correct document and delay your file.
A spent conviction appears on my Certificate No. 2. Will it disqualify me from a visa?
Not automatically. Each case is evaluated individually by the receiving authority. Providing the complete No. 2 is a sign of good faith. Attempting to conceal a conviction by submitting No. 1 when No. 2 is required is a more serious problem than the underlying record itself.
My certificate is in Vietnamese. Do I need to have it translated?
Yes. A certified English translation is required for any foreign immigration filing. Submit the original Vietnamese certificate alongside the certified translation, not instead of it. The translation must carry a signed certificate of accuracy from the translator.
My Vietnamese police certificate was issued more than 6 months ago. Is it still valid?
Most immigration authorities consider the certificate valid for 6 months from the issue date. If yours is older, apply for a fresh certificate before ordering the translation, so you do not need to translate twice.
Written by Dao Huy (Lucas), Vietnamese translator & localization specialist (EN · ZH · FR → Vietnamese). See translation services → · Certified Documents →