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If convicted in Vietnam, can foreigners return to their home country to serve their sentence? This is a major concern for many individuals and families when facing legal risks in Vietnam. Is the transfer to the home country for sentence enforcement an automatic right, or is it only considered in special circumstances? What legal conditions, procedures, and potential risks could lead to the rejection of such a request? Understanding these issues correctly from the outset will help convicted persons and their families proactively protect their lawful rights and interests.
When operating, residing, or working in Vietnam, foreigners are subject not only to the laws of their home country but also to strict compliance with Vietnamese law. In practice, many foreigners become involved in criminal proceedings due to a lack of legal knowledge, language barriers, or carelessness in transactions. Once a judgment has been rendered, the most pressing question often raised is whether a foreigner convicted in Vietnam can be transferred to their home country to serve the sentence.
The answer is not simply “yes” or “no,” as it depends on various legal factors, international treaties, and assessments by competent authorities.
Under general principles, foreigners who commit crimes within the territory of Vietnam are subject to criminal liability under Vietnamese law. This means they are investigated, prosecuted, tried, and required to serve sentences in the same manner as Vietnamese citizens, unless they are entitled to diplomatic immunity under international treaties.
Many foreign defendants mistakenly believe that holding a different nationality automatically entitles them to request serving their sentence in their home country. However, Vietnamese law does not automatically allow this. The transfer of sentenced persons is subject to very strict legal regulations.
The greatest risk is having to serve a long-term sentence in Vietnam under conditions of language and cultural differences, as well as separation from family. In addition, without timely legal advice, convicted persons may miss critical deadlines to submit an application for transfer of sentence enforcement.
There are numerous cases in which foreign entrepreneurs or investors are convicted in relation to economic crimes, taxation, or contract disputes but fail to prepare a long-term legal strategy, resulting in serious consequences for both themselves and the related businesses.
This is the core issue of concern for most convicted persons and their families. Vietnamese law does provide a mechanism allowing the transfer of persons serving prison sentences, but only when all statutory conditions are fully satisfied.
Vietnam has signed or acceded to a number of international treaties on the transfer of sentenced persons with other countries. In addition, domestic law also provides specific regulations on this matter.
Accordingly, a foreigner convicted in Vietnam may be transferred to their home country to serve the sentence if:
Vietnam and the country of nationality of the convicted person are both parties to the relevant international treaty; or
The two countries have a bilateral agreement on the transfer of sentenced persons.
If no treaty or agreement exists, the possibility of transfer is almost nonexistent, regardless of the wishes of the convicted person or their family.
Having an agreement does not automatically guarantee a transfer. In practice, the competent authorities carefully assess conditions such as:
The judgment has entered into legal force.
The convicted person is a citizen of the receiving country.
The criminal act also constitutes an offense under the law of the receiving country.
The convicted person voluntarily consents to the transfer.
The transfer does not affect Vietnam’s sovereignty, security, or public order.
If any one of these conditions is not met, the application may be rejected, requiring the convicted person to continue serving the sentence in Vietnam.
In a complex legal environment involving international elements, the role of lawyers is a decisive factor in the success of a transfer application.
The process usually begins with an application submitted by the sentenced person or by a competent foreign authority. The dossier must be fully prepared, accurately translated, and submitted at the appropriate time. Vietnamese judicial authorities will then coordinate with foreign counterparts for consideration.
In reality, many applications are delayed or rejected due to:
Missing important legal documents.
Misinterpretation of applicable international treaties.
Lack of a clear legal strategy from the outset.
This is where the experience of a lawyer becomes particularly crucial.
DEDICA Law is a professional law firm based in Ho Chi Minh City, with a team of experienced lawyers handling cases involving foreign elements. We not only advise on the feasibility of sentence transfer, but also:
Conduct comprehensive assessments of dossiers and legal risks.
Advise on strategies for working with Vietnamese and foreign competent authorities.
Draft and review transfer applications in compliance with legal requirements.
Accompany the convicted person’s family throughout the entire process.
Many clients come to DEDICA when they are already in a passive position. However, with a preventive and strategic approach, we help clients maximize the possibility of being considered for transfer to serve their sentence abroad, while minimizing legal consequences.
Whether a foreigner convicted in Vietnam can be transferred to their home country to serve the sentence is not an automatic right, but a special legal mechanism subject to strict conditions. A lack of understanding or delays in dossier preparation may cause the convicted person to lose this important opportunity.
Are you facing a similar issue?
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