In the Netherlands, a Statement of No Objection (VGB) is a document issued after a thorough security investigation by or on behalf of the Minister of the Interior. This applies to persons holding positions involving confidentiality. The security screening goes beyond the examination for a Certificate of Good Conduct (VOG) and differs from a background check. Whereas a background check usually focuses on judicial data for a VOG, a security check has a much broader scope. Access to state secret information requires a VGB.
What are the different stages in applying for a VGB
The screening is conducted by the General Intelligence and Security Service (AIVD) or the Military Intelligence and Security Service (MIVD). After a request from the employer, the relevant security service conducts a screening.
If the result is positive, the Certificate of No Objection (VGB) is issued. This means that there are no indications that you pose a security risk to the position.
If the security screening indicates that you do not meet the requirements, you will receive what is known as an intention to refuse.
Views regarding VGB?
After you receive an intention to refuse, you can respond by submitting a viewpoint explaining your position. The minister will then make a final decision on your application.
Object to rejection of VGB?
If the VGB is finally rejected, you can appeal this decision to the Minister. The minister will then seek advice from the Security Investigations Objections Committee, which will study the file and hear the parties involved.
Appeal against VGB rejection?
If your objection is rejected, you can go to the administrative court. If you are also not satisfied with the court's ruling, you can appeal to the Administrative Law Division of the Council of State.
Lawyer 'Certificate of No Objection' (VGB) needed?
It is not mandatory to hire an attorney when filing a view, objection or appeal, but it may be wise, especially in complex cases.
The attorneys at Kötter, L'Homme and Plasman Advocaten provide assistance in proceedings involving the application for a VGB. Please contact our office without any obligation. If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during business hours) call 020-6731548.
