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Re: FBI Background Check

 
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gth1



Joined: 10 Jan 2008
Posts: 42
Location: HCMC, VN

PostPosted: Fri Jan 25, 2008 2:15 am    Post subject: Re: FBI Background Check Reply with quote

The preamble:

The legalese 'PROCEDURE FOR GETTING A WORK PERMIT FOR FOREIGNERS' states in part:

The work application file stipulated in article 5.1 of Decree 105-2003-ND-CP shall be provided for as follows:

A foreign employee wishing to come to Vietnam to work shall submit two sets of his or her work application file to the employer, and each file set shall contain:

(b) Legal record issued by the authorized body of the country of residence of the foreign individual.

A VNese to English interpretation of the legalese is, quote, "Legal record is: Police clearance check issued by police department at the county where you currently resides."

Now fast froward to the FBI Website: Of the reports offered - NONE - are titled 'Legal record issued . . .' or 'Police clearance check'.

The FBI's site states a 'generic' lead time of 16-18 weeks for any report.

I don't want to wait 16-18 weeks to get started.

The questions:

1. What kind of report? Answered by FBI. See next post.
2. 16-18 weeks? FBI now says less than six weeks. See next post.
a. How long did it take you?
3. While waiting for the FBI report, could you teach/work in VN?
4. Once you rec'd the FBI report, in VN, could you meet the burearcratic demands of getting everything notarized, authenticated and sending it for the US Sec of State's blessings?
5. Any answers to questions I don't even know to ask?

Thanks for your time.

gth

Update as of this very moment: My private email source of 'PROCEDURE FOR GETTING A WORK PERMIT FOR FOREIGNERS' doc has just weighed in with the following . . . "The �country� using in Paragraph (b) of the document is a general word so that it can apply for people come from anywhere in the world . In case of American, the docs issued by the - county - (not country, with an 'r') would do. Hope this answers your question." (Note: bold print and and parentheses are by gth)

Comments anyone?


Last edited by gth1 on Fri Jan 25, 2008 6:56 pm; edited 1 time in total
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gth1



Joined: 10 Jan 2008
Posts: 42
Location: HCMC, VN

PostPosted: Fri Jan 25, 2008 6:48 pm    Post subject: Update - From the FBI Reply with quote

I emailed the FBI asking some of the same questions in my OP. I was surprised they replied by email in ~ 24 hours with the following, quote:

Quote:
"Yes, you do need the Criminal History Background. The processing time is now less than six weeks. We do not notarize. If you ask for a �Letter of Procedure� when submitting this request, we will send a letter explaining this."


Thank you,
AS
Customer Service Group
FBI CJIS Division
304-625-5590
[email protected]

That's it. Smile

gth
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gth1



Joined: 10 Jan 2008
Posts: 42
Location: HCMC, VN

PostPosted: Mon Feb 25, 2008 4:19 pm    Post subject: FBI Background Check - Update Reply with quote

This is hard to believe bit it 'tis what it 'tis . . .

I mailed my FBI BC request on 01/29/08 and, including regular snail mail transit, rec'd the completed BC back on 02/14/08, or, in seventeen (17!) days! Shocked

Don't know if it helped any but here is what I did:
FBI Request Form: From the FBI site you need to print and fill out a request form. On this form is a place for asking that you app be expedited. They guarantee nothing but you can ask. They ask for a reason why. They give you about 15 spaces to state the reason so I just put 'see attachment' and stated my reason on a separate sheet. I didn't try to BS them. First of all I told them, "Until 6-8 days ago I didn't even know I needed a BC and commented, 'Shame on me but there it is.'." Then I told them after receiving the BC back it had to wind its way through three other bureaucracies (State, Federal and Foreign) and hopefully returned to me by May 1, '08.
Fingerprints: I printed three (3) forms from the FBI site and took it to my local police sub station. Of the three forms I sent in the best two. On the fingerprint form I had to 'fill in the blanks' with information. I did-not-do-this-freehand; I used a ruler. Makes everything crisp and easy to read. Strategy? If something 'hard to read' its easy put off dealing with it.
Documents List: This was not requested/required but when dealing with a bureaucracy, in writing, I always make up a 'documents list', which informs the reader, item by item, of what is included in the package. Below is my documents list:

FBI CJIS Division � Record Request
1000 Custer Hollow Road
Clarksburg, West Virginia 26306

Re: Documents List

January 29, 2008

Dear Sir or Madam:

Enclosed please find the following:
� Cover letter with attachment
� Money order in the amount of eighteen dollars
� Two (2) completed fingerprint forms
� A request for a 'Letter of Procedure' regarding the FBI's policy to not notarize.

Thank you for your time and courtesy.

Sincerely,

Etc., etc., etc.

That's it. Hope it helps.

gth

PS � Just wish getting my dup University diploma was so efficient. Confused
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rico4444



Joined: 01 Apr 2007
Posts: 90
Location: Thailand

PostPosted: Mon Mar 17, 2008 9:48 am    Post subject: Criminal Background check Reply with quote

ATTENTION GTH1....

I read your post and was wondering if you could tell me....for working in Vietnam, AFTER the FBI does the CBC, does it need to be notarized/apostillized at your residence state's Secretary of State office?

I'm in Korea now and I wanted to come to Vietnam after my contract expires in less than 3 months so I thought I should start the process now.
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gth1



Joined: 10 Jan 2008
Posts: 42
Location: HCMC, VN

PostPosted: Tue Mar 18, 2008 2:52 pm    Post subject: Re: Criminal Background check Reply with quote

rico4444 wrote:
I read your post and was wondering if you could tell me....for working in Vietnam, AFTER the FBI does the CBC, does it need to be notarized/apostillized at your residence state's Secretary of State office?

I'm in Korea now and I wanted to come to Vietnam after my contract expires in less than 3 months so I thought I should start the process now.


Hey rico4444,

My apologies for so long in replying.

As a pilgrim at this myself I will first answer from the perspective of what I understand/extrapolate from reading this forum. Second I will link you to the post best explaining the 'process'. And third, I'll post a chapter and verse document rec'd from a school in VN, titled, 'Procedures for Getting A Work Permit for Foreigners'.

What I KNOW is the FBI does NOT notarize the CBC. When you rec the completed CBC it does not SAY, 'notarize here' attesting to this or that. So I created a statement attesting I was in fact the person named on the CBC and, had that notarized. After that, what I understand/extrapolate is:
1. The NOTARY SEAL must be AUTHENTICATED by the State SOS (Sec of State) in which the Notary Seal was applied. For example if you are in 'X' State and have a doc notarized, that notarization must be authenticated by the State SOS of 'X' State. To wit, I graduated from college in State 'B' but live in State 'A'. I had to have my diploma notarized, by the university, in State 'B' and then, have that notarization authenticated by by the SOS of State 'B'. (Therefore I don't think your 'state of residence' is relavent.)
2. THEN, once you have all your documents notarized and authenticated by the applicable State SOS and returned to you, you must send them ALL to the US SOS, to have the State authentications - authenticated.
3. THEN, when the US SOS authenticates and returns your docs, you must send them to the VN Embassy to be processed and returned to you and . . . you're good to go!

Yeah, it's a pain. And an expense. And worst of all, it takes TIME. But once you resign yourself to jumping through the bureaucratic hoops and just 'getting it done' it's not all that bad.

Below is the link (titled, 'Here's what you need to bring to work in VN) to I think the post best explaining the process:
http://forums.eslcafe.com/job/viewtopic.php?t=31108&sid=ab1d6cdfa53978faa2649c94acc56b2b

Below is the document rec'd from a school in VN. Paragraphs (b) and (e) arrived with bold print emphasis. Large/bold print is emphasized by gth.


PROCEDURE FOR GETTING A WORK PERMIT FOR FOREIGNERS.


The work application file stipulated in article 5.1 of Decree 105-2003-ND-CP shall be provided for as follows:

A foreign employee wishing to come to Vietnam to work shall submit two sets of his or her work application file to the employer, and each file set shall contain:

(a) Application for work on Form 3 issued with this Circular;
(b) Legal record issued by the authorized body of the country of residence of the foreign individual. If the foreign individual has resided in Vietnam for six months or more, in addition to the legal record issued by the authorized body of the foreign country, there must also be a legal record issued by the Department of Justice of the locality where the foreign individual is residing;
(c) Curriculum vitae of the foreign individual as stipulated in article 5.1(c) of Decree 105-2003-ND-CP on Form 4 issued with this Circular, with a photo adhered;
(d) Health certificate issued overseas. If the foreign individual currently resides in Vietnam the health certificate must be issued in accordance with the regulations of the Ministry of Health
(e) Copies of certificates of professional expertise and skills of the foreign individual, comprising university graduate degree, master�s degree, doctorate or certificate of level of skills of the foreign individual issued by the authorized body pursuant to the laws of such country;
Where a foreign employee is a traditional trade artisan or is a person who has professional experience in production operation or management but does not possess certificates, he or she must have a document containing his or her own observations on his or her professional expertise, skills and management skills as confirmed by an authorized overseas body;
(f) Three colour photos taken within the last twelve (12) months (3cm x 4cm in size, bareheaded, frontal view, showing the face and ears clearly, and without glasses).

Any documents prescribed for the above work application file which are issued, certified or notarized by a foreign body or organization must be consularized in accordance with the law of Vietnam and translated into Vietnamese; the translations and any copies of the documents must be notarized in accordance with the law of Vietnam.

I interpret the above to mean that ANYTHING coming from ANY body/entity - other than from your own self - must be notarized, authenticated and consularized.

Probably more than you asked for but, there it is. Seems nothing is simple huh . . . Smile

Good luck!

gth
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rico4444



Joined: 01 Apr 2007
Posts: 90
Location: Thailand

PostPosted: Tue Mar 18, 2008 9:39 pm    Post subject: Reply with quote

Not simple. as you say, but your guidance is very helpful. Thanks for taking the time to do this. It'll make my job easier in the long run.
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gth1



Joined: 10 Jan 2008
Posts: 42
Location: HCMC, VN

PostPosted: Tue Mar 18, 2008 11:25 pm    Post subject: Reply with quote

Smile
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