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Many foreigners living or doing business in Vietnam are surprised when they receive an invitation from the police to work regarding suspected fraudulent appropriation of property, even though the matter originally arose from a transaction, contract, or civil agreement.
In practice, Vietnamese law does not rely on assumptions or emotions. Investigative authorities assess multiple legal factors and specific evidence in each case to determine the nature of the conduct. So what factors do investigators in Vietnam rely on to determine the crime of fraud and property appropriation?
According to Article 174 of the 2015 Criminal Code (amended in 2017), fraud and property appropriation refers to the act of using deceptive methods to appropriate another person’s property.
However, in practice, investigators do not rely solely on the complaint of one party. To determine whether criminal signs exist, they examine several specific legal elements.
The first factor investigators consider is whether the accused used deceptive methods.
Under Vietnamese criminal law, deception usually refers to providing false information or intentionally concealing the truth in order to make another person believe and transfer property.
Common examples include:
Providing false information about an investment project to attract capital
Supplying fake documents related to asset ownership
Creating fake transactions to build trust with the victim
Promising to perform a service or transfer assets while clearly knowing it cannot be fulfilled
Importantly, the deceptive conduct must occur before or at the time the property is received. If the failure to fulfill obligations occurs later due to financial difficulty or contractual disputes, the case may be treated as a civil dispute rather than a criminal offense.
In many cases handled by criminal lawyers in Vietnam, the boundary between civil disputes and fraud can be quite thin. Therefore, clearly explaining the context of the transaction is very important when working with investigators.
In addition to deception, investigators must also prove that the accused had the intention to appropriate property from the beginning.
This intention may be evaluated through signs such as:
The person receiving money had no plan to perform the promised obligation
The money was used for personal purposes immediately after receiving it
Deliberately cutting off contact with the person transferring the assets
Disposing of assets or fleeing
In cases involving foreigners, investigators may also consider:
The individual’s residence history in Vietnam
Previous business activities
International financial transactions
Visa records, work permits, or investment licenses
These data may help assess the true intention of the accused at the time of the transaction.
When a case is reported as suspected fraud and property appropriation, Vietnamese investigators collect evidence from many different sources.
This is especially important in cases involving foreigners or cross-border transactions.
One of the most important sources of evidence is transaction documentation between the parties.
Investigators often review:
Sales contracts or investment agreements
Loan agreements or transfer agreements
Email exchanges between parties
Messages or chats on applications
For foreigners, many transactions occur through WhatsApp, Telegram, WeChat, or international email. These records can still be used as evidence if collected lawfully.
In some cases, communications before transferring money may become an important factor in determining whether deception occurred.
Another important factor is the flow of money.
Investigators often examine:
Bank accounts receiving funds
Transfer history
Withdrawals or transfers abroad
How the funds were used after receipt
If the money flow shows that funds were used for the intended purpose (such as project investment or purchasing goods), this may indicate the transaction was commercial rather than fraudulent.
Conversely, if the funds were immediately withdrawn or transferred to unrelated personal accounts, investigators may consider this a sign of intent to appropriate property.
Being invited to work with police authorities in Vietnam can be stressful, especially for foreigners unfamiliar with the legal system.
However, understanding your rights and obligations can significantly reduce legal risks.
A common mistake is attempting to explain the entire situation during the first meeting with investigators.
In many cases, incomplete or inaccurate explanations may be misunderstood and affect how the case is assessed.
Under the Vietnamese Criminal Procedure Code, a person who is reported or investigated has the right to:
Present statements
Provide documents and evidence
Request a lawyer to protect their rights
Therefore, before providing important information, you should consult a lawyer experienced in criminal law.
Another important step is preparing all documents related to the transaction.
These may include:
Contracts and agreements
Bank transfer records
Emails and message exchanges
Project documents or business plans
These documents can help demonstrate that the original transaction had legitimate purposes.
In many cases, once investigators understand the business context and commercial risks, the matter may be reassessed as a civil or commercial dispute rather than a criminal case.
Criminal cases involving foreigners in Vietnam are often more complex due to language barriers, international law issues, and cross-border transactions.
Lawyers may assist by:
Participating in meetings with investigators
Explaining legal rights and obligations
Collecting and presenting favorable evidence
Protecting clients’ rights during investigation and trial
In Vietnam, determining whether conduct constitutes fraud depends on specific legal elements and evidence in each individual case.
Therefore, this article provides general legal information only and cannot replace professional legal advice.
If you or someone close to you is facing a similar situation — being invited by the police, under investigation, or involved in a criminal case in Vietnam — seeking legal advice early may help you understand your rights and avoid unnecessary risks.
Are you facing a similar situation?
Contact DEDICA Law for professional legal advice and the most appropriate legal strategy.
Contact DEDICA Law Firm for professional legal consultation.
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