💡 Quick answer: For US immigration, Australian partner visa, or Canadian permanent residence, you need Vietnamese criminal record certificate No. 2 (Phiếu lý lịch tư pháp số 2). The US Embassy in Vietnam explicitly rejects No. 1 because it omits expunged convictions. No. 1 is for domestic use only: employment, business registration, and work permits inside Vietnam.
- Certificate No. 2 shows the complete criminal history, including expunged records - exactly what immigration authorities require.
- The US Embassy in Vietnam does not accept No. 1 for any immigrant visa application (K-1, K-3, IR-1, CR-1).
- No. 2 must be applied for in person or via VNeID - you cannot delegate it to a proxy.
- Once issued in Vietnamese, it needs a certified English translation before any foreign authority will process it.
- Short-stay tourism visas (US B-1/B-2, Schengen C, Australia 600) do not typically require a police certificate at all.
| Certificate No. 1 | Certificate No. 2 | |
|---|---|---|
| Vietnamese name | Phiếu lý lịch tư pháp số 1 | Phiếu lý lịch tư pháp số 2 |
| Records shown | Active, non-expunged records only | All records, including expunged |
| Can a proxy apply? | Yes | No - must apply in person |
| Domestic jobs and work permits in Vietnam | Yes (standard) | Accepted but No. 1 is usual |
| US immigrant visa (K-1, K-3, IR-1, CR-1) | Rejected by Mission Vietnam | Required |
| Canada IRCC (Express Entry, spousal sponsorship) | Not accepted | Required (within 6 months) |
| Australia partner visa (820/801, 309/100) | Not accepted | Required (within 12 months) |
| Schengen D visa or family reunification | Unlikely to be accepted | Yes |
| Short-stay tourism visas | Not required | Not required |
What is the actual difference between certificate No. 1 and No. 2?
Both certificates are issued by the Vietnam Ministry of Justice under the Law on Judicial Records No. 28/2009/QH12. They draw from the same national judicial database but show different layers of that data.
Certificate No. 1 shows only active, non-expunged criminal records. If a conviction was expunged under Vietnamese law after sentence completion, it does not appear on No. 1. For domestic administrative purposes - employment screening, business registration, work permit applications inside Vietnam - this is usually sufficient.
Certificate No. 2 shows the complete criminal history, including every conviction regardless of whether it was later expunged or cleared. Foreign governments need this full picture to properly assess a visa or immigration applicant.
Why does the US Embassy reject certificate No. 1?
The US Embassy and Consulate General in Vietnam (Mission Vietnam) processes all immigrant visa applications, including K-1 fiance visas, spousal IR-1/CR-1 visas, and family reunion petitions. Its guidance states that Mission Vietnam does not accept Justice Record Check number 1, as it does not include expunged criminal convictions. (Source: US Department of State, Vietnam Civil Documents.)
Submitting No. 1 instead of No. 2 means a missing-document notice. It delays your interview date and can push your case back by several weeks. The Embassy treats it as a missing document, not a correctable error. See also: does a Vietnamese criminal record need an apostille for the US?
Which other immigration authorities require No. 2?
Any authority that evaluates character requires the complete record:
- Canada IRCC: Express Entry, spousal sponsorship, and permanent residence all require No. 2, issued within 6 months of submission. Vietnamese criminal record for Canada IRCC: apostille or translation?
- Australia Department of Home Affairs: Partner visa subclasses 820/801 and 309/100 require a police certificate from each country where the applicant lived 12 months or more since age 16. For Vietnam, that means No. 2.
- Schengen long-stay (D) visas and family reunification: EU member-state embassies require the comprehensive record from Vietnamese applicants. Vietnamese criminal record for Schengen: the full breakdown.
- New Zealand: Character requirements for partner and skilled work visas rely on the full record. Vietnamese police certificate for New Zealand.
How do you apply for certificate No. 2?
You can apply at the provincial Department of Justice (Sở Tư pháp) where you currently live, or online through the VNeID app. Key rules:
- You must apply yourself - proxy or authorization is not allowed for No. 2.
- Processing takes approximately 10 working days at the provincial level, or up to 15 days if the Ministry of Justice handles it centrally (for applicants who have lived in multiple provinces).
- Fee: 200,000 VND per certificate.
- The certificate is issued entirely in Vietnamese and requires a certified translation before submission to any foreign authority.
Does certificate No. 2 need an apostille for the US, Australia, or Canada?
Vietnam joined the Hague Apostille Convention on 11 September 2026, so a MOFA apostille is now available for Vietnamese public documents. However, the US Embassy does NOT require an apostille on the criminal record certificate: it accepts the original No. 2 with a certified English translation. Canada IRCC and Australia follow the same pattern for most filings - original plus certified translation, no apostille required.
Once you have No. 2, what certified translation do you need?
The certificate is issued entirely in Vietnamese. Every foreign authority requires it in their working language: English for USCIS, NVC, Canada IRCC, and Australia; the embassy language for Schengen applications. I provide certified Vietnamese criminal record and legal document translation with a signed accuracy certificate, meeting USCIS, IRCC, and immigration authority requirements. Contact me for a quick quote.
FAQ
Can I use certificate No. 1 for my K-1 fiance visa?
No. The US Embassy in Vietnam explicitly does not accept No. 1 for K-1 and all immigrant visa cases. Submitting it results in a missing-document notice and delays your interview. Always request No. 2 from the Ministry of Justice.
I have no criminal record. Does it still matter which certificate I submit?
Yes. Even with a clean record, immigration authorities require the format that includes all records. A clean No. 2 (showing no record) is what they require, not No. 1.
How long is certificate No. 2 valid for immigration purposes?
For US immigrant visas, within 24 months of your interview is generally acceptable. Canada IRCC requires the certificate within 6 months of submission. Australia partner visa requires within 12 months. Always check your specific instruction package for the exact cutoff.
Can someone pick up or submit my No. 2 application on my behalf?
No. Unlike No. 1, No. 2 cannot be delegated or collected by a proxy. You must apply in person at the Department of Justice or through your own VNeID account. This is required by the Law on Judicial Records.
Does the certified translation of the criminal record need to be notarized?
Not for most immigration purposes. USCIS, Canada IRCC, and the US Embassy accept a certified translation with the translator's signed statement of accuracy. Notarization is not required and is not what immigration authorities ask for.
Written by Dao Huy (Lucas), Vietnamese translator and localization specialist (English, Chinese and French into Vietnamese). See translation services → · Certified Documents →