Invited by Police in Vietnam: When Should Foreigners Hire a Lawyer?

Is it something to worry about when you are invited to work with the police in Vietnam?
Are foreigners required to have a lawyer present?
If you go alone, are there any legal risks?

These are very common questions among foreigners who suddenly receive an invitation letter, a phone call, or a request to “come in for a working session” from the police.

For many people—especially those who are unfamiliar with Vietnamese law and do not speak Vietnamese fluently—feelings of confusion, fear of making mistakes, fear of being detained, or fear of criminal liability are completely understandable. In reality, not every police invitation is serious, but it is also not always “just a simple meeting” that can be taken lightly.

This article is written from the perspective of a legal advisor, with the aim of helping foreigners and their families properly understand the legal nature of police invitations, identify when having a lawyer present is necessary, and make the safest and most appropriate decision.

Understanding Police Invitations for Foreigners in Vietnam

When dealing with foreigners, Vietnamese police authorities may use various forms of invitation, such as written notices, phone calls, emails, or contact through a place of residence, employer, or hotel.

What truly matters is the content and purpose of the working session, not merely the form of the invitation.

Common reasons why foreigners are invited to work with the police

In practice, foreigners are often invited when they:

• Are related to a criminal case under verification or investigation
• Are suspected of committing acts with signs of criminal violations
• Are victims or persons with relevant information about a criminal case
• Are involved in civil, commercial, or investment disputes that later involve criminal elements
• Are connected to immigration, residence, or labor issues showing signs of violations

At an early stage, the police may not clearly define the procedural status of the invited person. This uncertainty is precisely what places many foreigners in a vulnerable position.

“Invitation to work” does not mean there is no legal risk

Under the 2015 Criminal Procedure Code of Vietnam (currently in force), activities such as:

• Taking statements
• Recording testimonies
• Preparing working minutes

may later become documents or evidence in a criminal case if the matter is formally prosecuted.

Many foreigners assume:

“I did nothing wrong, so I should just explain everything quickly.”

However, in reality:

• Initial statements may be misunderstood due to language barriers
• Poorly considered answers may be disadvantageous to the person giving them
• Signing minutes without fully understanding their content can lead to long-term consequences

When should a foreigner have a lawyer present?

Not every situation requires a lawyer. However, below are circumstances where having a lawyer present is strongly advisable, particularly to prevent legal risks.

When your legal status in the working session is unclear

If you are unsure whether you are invited as:

• a witness
• a victim
• a person being reported
• or a person showing signs of being investigated

then having a lawyer accompany you is the safest option.

A lawyer can:

• Clarify your procedural status before the session
• Explain your rights and obligations under each status
• Guide you on what information should or should not be provided

When the matter shows signs of criminal liability

Some cases appear minor at first but carry a risk of criminalization, such as:

• Monetary, investment, or contract disputes
• Personal conflicts, physical altercations, or accidents
• Issues related to work permits, visas, or residence
• Allegations involving fraud, misappropriation, or damage

In such cases, a lawyer does not help you evade the law, but helps to:

• Ensure procedures are conducted lawfully
• Prevent unnecessary coercive measures
• Protect your right not to self-incriminate under Vietnamese law

When you are not fluent in Vietnamese or Vietnamese law

Even with an interpreter, foreigners still face risks:

• Interpreters may not be legally trained
• Inaccurate or incomplete legal interpretation
• Lack of explanation regarding the legal consequences of the written record

A lawyer will:

• Work alongside the interpreter
• Review the written minutes before you sign
• Clearly explain your rights, obligations, and potential risks

When the foreigner is a victim in a criminal case

Many victims believe they do not need a lawyer because they are “already the victim.” In practice:

• Victims’ rights and interests are not automatically fully protected
• Claims for compensation, personal safety, and confidentiality require a clear legal basis

A lawyer helps victims to:

• Participate in proceedings with proper legal standing
• Propose lawful compensation claims
• Monitor the investigation, prosecution, and trial process

The practical role of a lawyer when accompanying a foreigner to work with the police

A lawyer does not interfere unlawfully and cannot promise any outcome of a case. The lawyer’s role is to protect the client’s lawful rights and interests.

Specifically, a lawyer may:

• Explain rights and obligations under current Vietnamese law
• Supervise compliance with procedural rules
• Provide legal support when procedural measures are applied
• Act as a professional communication bridge between the foreigner and authorities

Note: All legal advice depends on the specific circumstances of each case and the applicable law at the time of consultation.

Advice for foreigners and their families

If you or your family member is a foreigner who is:

• Invited to work with the police
• Under investigation or related to a criminal case
• Unsure of your legal status

You should:

• Remain calm, do not avoid cooperation, but do not rush into working sessions
• Avoid signing any documents without fully understanding their content
• Seek legal consultation as early as possible

Having a lawyer from the beginning does not mean you are guilty—it is a lawful way to protect yourself in an unfamiliar legal system.

DEDICA Law – legal support for foreigners in Vietnam

DEDICA Law Firm is a law firm based in Ho Chi Minh City, regularly providing legal advice and representation for:

• Foreigners under investigation or accused in criminal cases in Vietnam
• Foreigners who are victims in criminal cases
• Families needing urgent legal assistance

DEDICA understands that, for foreigners, every working session with the police can be extremely stressful. We focus on helping clients clearly understand their legal situation, prevent risks, and protect their rights in a lawful, cautious, and transparent manner.

Contact DEDICA Law Firm for Professional Legal Support

📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)

🕒 Working Hours: Monday – Friday (8:30 – 18:00)

Contact us today for a free initial consultation with our experienced lawyers!