After Vietnam abolished district-level police on 1 March 2025, the question of which agency investigates cases involving foreigners has become pressing for many families living far away. Nearly 700 district-level investigation agencies have ceased operations, and knocking on the wrong door can cost a family the precious first days when a loved one has just been detained.
Your relative has been summoned by the police to work with them, or has just been detained, but you are abroad and have received only a single line of news that your relative has been arrested. Which agency is now handling the matter, and where should you turn to learn where your relative is and how they are? Is a foreigner's case still automatically investigated by the provincial police as before, or can it now fall to the commune police? And if you are merely a related person invited in to work with the police, what rights do you have so as not to inadvertently place yourself at a disadvantage? The article below clarifies the investigative apparatus after the reform, which agency is responsible for cases with foreign elements, and the steps you can take right away.
How the criminal investigation apparatus changed from 1 March 2025
Previously, the police were organised into four levels: ministry, province, district, and commune. From 1 March 2025, this model was restructured into three levels comprising ministry, province, and commune, with district-level police no longer maintained. This is the most significant organisational change to the police force in decades, accompanying the policy of building a two-tier local government.
The organisational change brought with it a change to the investigation agencies. The Investigation Police within the People's Public Security now operate at only two levels: the Investigation Police Agency of the Ministry of Public Security and the Investigation Police Agency of the provincial police. Around 694 district-level police investigation agencies nationwide have ceased operations, and all of their work has been transferred to the provincial police. Cases that the district-level police were handling or had suspended before the transition were all handed over to the competent unit of the provincial police to continue the investigation.
In legal terms, this change was implemented mainly through Law No. 99/2025/QH15 amending and supplementing a number of articles of the Criminal Procedure Code, effective from 1 July 2025, together with the Government's Decree No. 02/2025 on the organisational structure of the Ministry of Public Security. What matters for readers is this: the term "district police" that many people are used to no longer exists, and every investigative point of contact has now been consolidated into the provincial police and the commune police.
Under which law are foreigners who commit crimes in Vietnam investigated
A very common misconception among families whose relatives become caught up in a case in Vietnam is the belief that the embassy or consulate "will handle everything." In reality, criminal acts committed on Vietnamese territory are, as a matter of principle, dealt with under Vietnamese law. The Criminal Procedure Code sets out this principle clearly.
In other words, Vietnam's investigation agencies are the ones that directly handle and conduct the investigation. The diplomatic mission of the country whose nationality the person holds plays a limited supporting role, such as consular visits and the monitoring of treatment, but it cannot replace the role of defence counsel and does not intervene in the proceedings. The only exception is persons entitled to diplomatic or consular immunity, a very narrow group comprising certain diplomatic officials, and such cases are resolved under international treaties or through diplomatic channels.
So which agency investigates cases involving foreigners
After the reform, the main point of contact for investigating most cases, including those involving foreigners, is the Investigation Police Agency of the provincial police. The Criminal Procedure Code allocates investigative jurisdiction according to the trial jurisdiction of the corresponding court.
Because district-level police no longer exist, the commune police have been assigned part of the front-line work. The commune police receive crime reports and tip-offs, carry out preliminary verification, and then transfer them to the competent investigation agency; when they discover a person caught in the act or a person being pursued under a wanted notice, they prepare a record, take an initial statement, and either escort the person immediately or report immediately to the investigation agency. In addition, certain heads or deputy heads of commune police who are investigators may be assigned to investigate less serious and serious offences occurring within their own locality.
Thus, the dividing line is not whether the person involved is Vietnamese or foreign, but the category of the offence and the highest penalty in its bracket. The Criminal Code divides offences into four categories, and this is the yardstick for determining which line a case belongs to.
| Category of offence | Highest penalty in the bracket | Investigation agency by line |
|---|---|---|
| Less serious | Up to 3 years' imprisonment | May be assigned to the commune police if it occurs within the locality |
| Serious | Over 3 years to 7 years' imprisonment | May be assigned to the commune police if it occurs within the locality |
| Very serious | Over 7 years to 15 years' imprisonment | Investigation Police Agency of the provincial police |
| Especially serious | Over 15 years to 20 years' imprisonment, life imprisonment, or death | Provincial police; the Ministry of Public Security where the case is complex or involves multiple provinces or multiple countries |
In practice, a case involving a foreigner is rarely simple. Language barriers, the requirement to notify diplomatic authorities, the verification of identity and documents issued abroad, and questions of international treaties mean that most such cases are handled directly by the Investigation Police Agency of the provincial police. For especially serious and complex cases involving multiple countries, the Investigation Police Agency of the Ministry of Public Security may investigate directly. The commune police mainly play the role of initial receipt and the handling of less serious cases within the locality, then transfer the file to a higher line once it exceeds their jurisdiction.
The stages a case involving a foreigner typically passes through
Understanding the sequence helps families abroad know whom to approach and when. A criminal case with foreign elements typically proceeds through the following stages.
- Receiving information: the commune police or the investigation agency receive a report or tip-off, or arrest a person caught in the act, and then take an initial statement.
- Notification: when holding or arresting a person, the competent authority must notify the family and the local government; if the person is a foreigner, notification must be made through diplomatic channels.
- Institution of proceedings and investigation: the case is transferred to the competent Investigation Police Agency of the provincial police to institute proceedings against the accused, conduct interrogation, and gather evidence.
- Safeguarding rights: a person not fluent in Vietnamese is provided with an interpreter; defence counsel is allowed to take part from the earliest stage.
- Conclusion of the investigation, prosecution, and trial: the file is transferred to the Procuracy and then to the competent court for the first-instance trial.
The step of notification through diplomatic channels is often overlooked in families' understanding, yet it is an important safeguard and a channel through which relatives abroad can obtain official information.
Another point that many people do not fully grasp is when a lawyer may take part. The law does not require waiting until trial. Defence counsel has the right to participate from the very earliest stage of a case, that is, from the moment a person is arrested or held in custody.
Legal risks and common mistakes in practice
The first mistake, and the most common after the reform, is contacting the wrong agency. Many families abroad still call the district police at the old address and are told that the office no longer handles the matter, while the file has already been transferred to the provincial police. Each wrong inquiry is another stretch of time slipping away, when the early period after a person is taken into custody is precisely when information and the protection of rights are most needed.
The second mistake is misjudging the handling level based on the old belief that any case with foreign elements automatically belongs to the provincial level. Previously, a case with a defendant, victim, or party abroad, or with related assets abroad, was classified within the jurisdiction of the provincial-level People's Court. After the 2025 amendment, within the People's Court system, the element of being abroad is no longer an automatic basis for elevating a case to the provincial level. Allocation now depends mainly on the category of the offence and the penalty.
Two easily confused situations must be distinguished. A "foreigner who is in Vietnam" committing a crime in Vietnam is allocated by the category of the offence, like any other case. Meanwhile, "a party who is abroad" or assets abroad is a different factor, and the case may still be elevated to the provincial level if it involves many complex circumstances, multiple levels and sectors, or affects foreign relations. Assessing the situation correctly requires looking at the charge, the penalty, and the nature of the matter, and cannot be inferred merely because the word "foreign" is present.
The third mistake is waiting until trial to find a lawyer. The investigation and interrogation stage is precisely when statements and the case file take shape. For a foreigner, the language barrier increases the risk that a misunderstood answer becomes a disadvantage. Likewise, when invited by the police to work with them as a related person, many people answer without clearly understanding their legal status and their rights.
Finally, a fundamental principle should be kept in mind to avoid panic: being held or detained does not mean a person is already guilty. Detention is merely a preventive measure during the proceedings.
DEDICA's role in cases with foreign elements
Against the backdrop of an investigative apparatus that has just changed, identifying the correct agency now handling a matter has become harder for those far away. From the information on a passport and a few initial details, DEDICA assists in contacting police agencies to determine where a relative is being held, then registers as defence counsel and takes part in protecting the client throughout the case. Lawyers can attend interrogation sessions to ensure the client is not subjected to coerced or prompted statements and is able to exercise their rights in full, while also serving as a channel of information so that the family abroad can learn of the relative's situation and health.
DEDICA also advises on how to engage lawfully with the authorities before a person attends the investigation agency under an invitation, assists with interpretation, coordinates with diplomatic channels when needed, and protects the interests of victims as well, whether an individual or a business harmed by a foreigner. If your relative is involved in a matter and you do not know where to begin, an early conversation with a lawyer will help shape the right steps from the outset.
Conclusion
After Vietnam abolished district-level police on 1 March 2025, investigation agencies remain at only two levels, the Ministry of Public Security and the provincial police, with the commune police taking on the front line. For cases involving foreigners, the main handling point of contact is the Investigation Police Agency of the provincial police; complex cases involving multiple countries may be investigated directly by the Ministry of Public Security; while the commune police receive reports, deal with in-the-act situations, and handle some less serious cases within the locality. Allocation now depends on the category of the offence and the penalty, rather than automatically on the foreign element as before. Three things to do right away are: identify the correct agency at the provincial police rather than inquiring at the old district police address; engage a lawyer from the arrest or custody stage rather than waiting for trial; and hold firmly to the presumption of innocence in order to calmly protect rights in the right way.
Every criminal case with foreign elements differs in its charge, evidence, and procedural stage, and the early period is often the most decisive. If your relative has just been summoned to work with the police or has just been detained in Vietnam, contact DEDICA to have a lawyer identify the agency handling the matter and advise on the steps to protect your rights in your specific situation.
This article is for reference based on the legal provisions in force at the time of writing. Each matter has its own circumstances and depends on the file, the evidence, and the procedural stage; please consult a DEDICA lawyer for accurate advice.
