Vietnamese Lý Lịch Tư Pháp for Australia: Certificate 1 or 2?
💡 Australia's Department of Home Affairs requires Phiếu Lý Lịch Tư Pháp Số 2, the complete criminal history version, for all visa applications. Certificate No. 1 is rejected. Even after Vietnam's July 2026 rule change, you can still request No. 2 for immigration purposes. A certified English translation is always required; no apostille is needed by DoHA for immigration filings.
- Australian DoHA requires Phiếu Lý Lịch Tư Pháp Số 2, which records all convictions including expunged ones. Certificate No. 1 is not accepted for any Australian visa.
- From July 1, 2026, domestic entities in Vietnam can no longer demand No. 2 from individuals - but individuals retain the right to request it voluntarily for overseas immigration and visa purposes.
- A certified English translation of Certificate No. 2 is always required. DoHA cannot process a Vietnamese-language document without it.
- No apostille is required by DoHA for an immigration filing. From September 11, 2026, Vietnam's MOFA can apostille the original - but DoHA accepts the translation without one.
- I provide the certified English translation. The certificate itself must be obtained from the competent authority in Vietnam.
| Feature | Certificate No. 1 (Số 1) | Certificate No. 2 (Số 2) |
|---|---|---|
| What it records | Active, unexpunged convictions only | All convictions including expunged records |
| Accepted by Australian DoHA? | No - rejected for immigration | Yes - required |
| Can individuals request for overseas use after July 2026? | Yes | Yes - still available for immigration, visa, study abroad, work permit |
| Certified English translation needed? | N/A | Yes, always |
| Apostille available from September 11, 2026? | Yes, via Vietnam MOFA | Yes, via Vietnam MOFA - but not required by DoHA |
What is Phiếu Lý Lịch Tư Pháp and which certificate does Australia actually require?
The Phiếu Lý Lịch Tư Pháp is Vietnam's judicial record extract, an official statement of a person's criminal history. Vietnam issues two versions. Certificate No. 1 lists only active, unexpunged convictions. Certificate No. 2 lists every conviction on record, including those that have been expunged or whose enforcement period has expired. For a broader comparison of apostille and translation requirements for Vietnamese police clearances, a dedicated guide covers USCIS, IRCC, and Australian DoHA together. For Australian immigration specifically, DoHA accepts only No. 2 because the character test under the Migration Act requires full criminal history disclosure.
Why does Australian Home Affairs reject Certificate No. 1?
DoHA applies a character test that requires full criminal history disclosure. A No. 1 certificate can show a clean record while a No. 2 certificate may show historic convictions. Submitting No. 1, even innocently, can trigger a character-based delay or a follow-up information request. The requirement is not bureaucratic pedantry: it is the legal standard for all Australian visa character assessments, including skilled, partner, student, and employer-sponsored visa types.
What changed about Certificate No. 2 from July 1, 2026?
Vietnam's amended Law on Criminal Records, effective July 1, 2026, abolished the power of domestic employers, schools, and organizations to demand Certificate No. 2 from people inside Vietnam. The goal is to protect citizens from unnecessary disclosure of expunged records in everyday domestic settings. However, the law explicitly preserves the right of individuals to request No. 2 for overseas purposes: immigration, study abroad, marriage with a foreigner, visa applications, and work permits abroad. If you are applying for an Australian visa, you request No. 2 yourself from the competent Police agency. AN Law Vietnam's analysis of the July 2026 change confirms this right is preserved for all international migration purposes.
Does your Vietnamese judicial record need an apostille for an Australian visa?
From September 11, 2026, Vietnam joins the Hague Apostille Convention. Vietnam's Ministry of Foreign Affairs can then issue an apostille on the original Phiếu Lý Lịch Tư Pháp, and Australia (a Hague member since 1994) recognizes it. However, an apostille on the original is not required by DoHA for standard immigration filings. DoHA reviews the original or a quality scan plus a certified English translation. For the full comparison of consular legalization and apostille, see the dedicated guide to apostille and consular legalization for Vietnamese documents. The apostille matters mainly for civil registry or court proceedings, not immigration document submission.
What certified translation does DoHA require?
DoHA requires a complete English translation of every line on Certificate No. 2, including every stamp, seal, and header. The translation must carry a signed certificate of accuracy from the translator stating that the translation is complete and accurate. Translators outside Australia do not need NAATI accreditation: credentials and a signed accuracy statement are sufficient for offshore translations. The translation must be submitted together with a clear copy of the Vietnamese original. For context on what other Australian visa documents need, the guide to certified true copies for Australian visas explains the difference between a quality scan and a Vietnamese notarized copy. I provide certified Vietnamese legal document translation - signed, complete, and accepted by Australian immigration authorities.
Where do you get Certificate No. 2 now, and how long does it take?
From July 1, 2026, the issuing authority for judicial records in Vietnam transferred from provincial Departments of Justice and the National Center for Criminal Records to provincial-level Police agencies under the Ministry of Public Security. Processing typically takes 5-10 business days. Applications for Certificate No. 2 for overseas use must be submitted in person or by postal mail. Third-party collection is generally not permitted. Applicants currently residing outside Vietnam should plan ahead or consult a licensed Vietnamese legal representative about options for submitting the application remotely.
If you have your Certificate No. 2 in hand, I can deliver a certified English translation within 2-3 business days. Request a quote from the Vietnamese legal document translation page before your visa submission deadline.
FAQ
Can I submit Certificate No. 1 if it shows a clean record?
No. Even if No. 1 shows a clean record, DoHA requires No. 2 because only No. 2 reflects the complete history including expunged records. Submitting No. 1 will likely trigger a follow-up request or delay your application.
My Certificate No. 2 is entirely in Vietnamese - can DoHA process it without a translation?
No. DoHA requires an English translation of the full document. A Vietnamese-only original, even one bearing an apostille, cannot be assessed by an immigration officer without translation.
Does the July 2026 law change mean I can no longer obtain Certificate No. 2?
No. The change only prevents domestic entities inside Vietnam from demanding it. You retain the right to request No. 2 voluntarily for overseas purposes, including Australian immigration. You obtain it yourself from the competent Police agency in Vietnam.
Do I need a NAATI-accredited translator for my DoHA submission?
Not if the translation is prepared outside Australia. NAATI accreditation applies to translators working inside Australia. A translator based in Vietnam prepares an accepted translation by providing their credentials and a signed certificate of accuracy.
After Vietnam joins the Apostille Convention on September 11, 2026, do I still need a certified translation?
Yes, always. An apostille authenticates the seal and signature on the original Vietnamese certificate - it does not translate it. Even from September 11, 2026 onward, DoHA cannot review a Vietnamese document without an English translation.
Written by Dao Huy (Lucas), Vietnamese translator & localization specialist (EN · ZH · FR → Vietnamese). See translation services → · Certified Documents →