Can Foreigners Request Sentence Mitigation in Vietnam?

Can foreigners who commit crimes in Vietnam request a reduction of their sentence? When being investigated, arrested, or prosecuted in a criminal case in Vietnam, feelings of anxiety, pressure, and fear are unavoidable, especially when facing an unfamiliar legal system and language barriers. Many people do not know what rights they have, whether mitigating circumstances may be considered, or whether they may benefit from leniency policies under Vietnamese law.

This article analyzes the legal grounds, practical factors affecting sentence mitigation, and appropriate handling strategies from the early stage of proceedings.

Are foreigners who commit crimes in Vietnam entitled to request sentence mitigation?

First, it is important to affirm a key principle: under the 2015 Criminal Code (amended and supplemented in 2017), foreigners who commit crimes within the territory of Vietnam must bear criminal liability under Vietnamese law (Article 5).

However, the law does not distinguish nationality when considering mitigating circumstances. This means foreigners have the right to request sentence mitigation if statutory conditions are met.

Legal grounds for mitigation under Article 51 of the Criminal Code

Article 51 provides several mitigating circumstances, such as:

• Honest declaration and sincere remorse

• Voluntary compensation and remedy of consequences

• First-time offense in less serious cases

• Good personal background and contributions to society

These apply equally to foreigners. In practice, courts may also consider:

• Special family circumstances (e.g., primary breadwinner supporting children abroad)

• Good faith cooperation with investigators

• Full compensation of damages

However, requesting mitigation does not guarantee a reduced sentence or exemption from imprisonment. Each case is assessed based on the nature and severity of the offense and the entire body of evidence.

Is deportation a form of “mitigation”?

Under Article 37 of the Criminal Code, deportation may be imposed as a principal or additional penalty for foreigners.

In certain cases, instead of a long-term prison sentence, the court may consider deportation if the offense is not highly serious and multiple mitigating factors exist. However, this is not an automatic right.

Whether deportation is applied depends on:

• The seriousness of the charge

• Consequences caused

• Attitude of cooperation

• Criminal policy at the time of trial

This is why early involvement of a criminal defense lawyer in Vietnam is crucial.

Practical factors affecting mitigation chances

Many foreigners seek legal counsel only after prosecution or before trial. In reality, mitigation largely depends on actions taken during the investigation stage.

Attitude toward investigative authorities

Due to language barriers or misunderstanding of Vietnamese law, inconsistent statements may negatively affect the case.

Under the 2015 Criminal Procedure Code, the accused has the right to:

• Defense counsel

• An interpreter

• Present opinions and evidence

Early legal representation protects rights and helps build a proper mitigation strategy.

Remedying consequences and compensation

In property, economic, or negligent damage cases, voluntary compensation is extremely important. Courts often value genuine efforts to remedy harm. While not guaranteeing a lighter sentence, it may support application of a lower penalty within the sentencing bracket.

DEDICA regularly assists foreign clients by:

• Negotiating with victims

• Drafting compensation agreements

• Working with authorities to formally record mitigating factors

Legal strategy for mitigation

No lawyer can promise a specific outcome. However, a proper legal strategy can maximize lawful protection.

Lawyers must assess:

• Applicable charges

• Minimum and maximum penalties

• Possibility of reclassification to a lighter offense

Mitigation requires lawful documentation:

• Proof of good character

• Institutional confirmations

• Evidence of compensation

• Special family circumstances

All must be prepared and submitted at the correct procedural stage.

Role of a lawyer

Language barriers and legal differences complicate matters.

DEDICA Law Firm in Ho Chi Minh City has extensive experience defending:

• Foreigners accused of crimes in Vietnam

• Foreigners invited for police questioning

• Foreign victims in criminal cases

We do not promise results or guarantee “no imprisonment.” We commit to:

• Honest legal risk assessment

• Appropriate defense strategy

• Protection of lawful rights under Vietnamese law

If you or your loved one is involved in a criminal case in Vietnam, do not wait until the situation worsens.

Are you facing a similar issue?

Contact DEDICA Law Firm for professional legal consultation.

Hotline: (+84) 39 969 0012 (WhatsApp, WeChat, Zalo)
Working hours: Monday – Friday (8:30 – 18:00)
Contact us now for your first free consultation.