The act of illegally transferring money abroad through a company in Vietnam is becoming a legal risk that causes concern for many foreigners when they are invited to work with the authorities. In many cases, transactions that seem “normal” are examined from a criminal perspective. So in this situation, how serious is the actual level of risk, and what should you do to protect yourself?
Foreigners using companies in Vietnam to transfer money abroad: Legal risks that should not be underestimated
Many foreigners, when investing or doing business in Vietnam, often use companies as a “tool” to carry out cross-border financial transactions. However, in some cases, these seemingly “normal” transactions may be assessed by the authorities as having signs of illegal money transfer abroad.
It is worth noting that the boundary between legal transactions and criminal violations is sometimes very thin, especially when it involves foreign exchange, tax, or non-transparent transactions.
So the important questions are:
Can this behavior be subject to criminal liability?
And if you are already under investigation, do you still have a chance to protect yourself?
When is transferring money abroad considered illegal?
According to Vietnamese law, transferring money abroad is not prohibited, but it must comply with strict regulations on:
Foreign exchange management (under the amended Ordinance on Foreign Exchange)
Regulations of the State Bank
Tax obligations and lawful documentation
Clear purpose of the transfer
Some situations that are often considered to show signs of violations include:
Using a “shell company” to transfer money without actual business activities
Creating fake contracts (services, consulting, technology transfer, etc.) to legitimize the cash flow
Transferring money abroad without documents proving its origin
Conducting transactions through multiple intermediary layers to conceal the real purpose
In these cases, the investigation authority may suspect that the conduct is related to:
Violations of foreign exchange management regulations
Tax evasion
Or more seriously, money laundering
Possible criminal charges that may be considered
Depending on the nature and severity of the conduct, foreigners may be considered under several offenses in the 2015 Criminal Code (amended 2017), such as:
1. Money laundering – Article 324 of the Criminal Code
Applied when:
The money originates from criminal acts
There is conduct of concealing or legitimizing the source of money
Money is transferred through multiple transactions to “clean” it
Possible penalties may include:
Fines
Imprisonment (depending on the severity)
Confiscation of assets
This is a charge commonly applied in complex cross-border money transfer cases.
2. Illegal transportation of currency across the border – Article 189
Applied when:
Money is transferred in violation of regulations without declaration or permission
Methods are used to bypass foreign exchange control
3. Other related acts
Additionally, depending on each case, the authorities may also consider:
Tax evasion (Article 200)
Use of forged documents (Article 341)
Violations of accounting regulations
Important note:
Not all cases of money transfer are subject to criminal handling. Whether criminal liability is imposed depends on intent, purpose, evidence, and the assessment of the competent authorities.
What should foreigners do when being investigated for illegal money transfer in Vietnam?
If you or your relatives are in this situation, the most important thing is not to panic, but to act correctly from the beginning.
Because in many cases, how you work with the investigation authority can directly affect the legal outcome later.
1. Clearly understand your legal status
You need to determine:
Are you being invited to work, summoned, or already prosecuted?
Are you a suspected person, a related person, or an accused?
Each stage will have:
Different rights and obligations
Different working strategies
This is a step that many foreigners misunderstand, leading to making themselves disadvantaged.
2. Do not provide explanations without legal advice
A common mistake is:
“I just need to explain clearly and it will be fine.”
In reality, providing inaccurate or uncontrolled information may:
Be misunderstood
Become unfavorable evidence
Make the case more complicated
Especially with complex financial transactions, incorrect explanations may cause lawful conduct to be misunderstood as a violation.
3. Prepare documents proving lawful transactions
You need to review:
Commercial contracts
Invoices and documents
Accounting records
Purpose of money transfer
The goal is to:
Prove that the money has a lawful origin
And that the purpose is clear and compliant with legal regulations
4. Work with a lawyer experienced in criminal cases involving foreign elements
This is an extremely important factor.
A lawyer who understands:
Vietnamese criminal law
Foreign exchange and investment regulations
And practical work with investigation authorities
Will help you:
Build an appropriate working strategy
Minimize the risk of misunderstanding
Effectively protect your lawful rights
DEDICA Law – Legal companion for foreigners in criminal matters in Vietnam
In practice, many clients come to DEDICA after being invited to work or temporarily detained, not fully understanding legal procedures in Vietnam or facing language and legal system barriers.
DEDICA has participated in:
Advising legal strategy from the investigation stage
Supporting clients in working with authorities
Defending and protecting lawful rights in criminal cases
Practical experience helps DEDICA understand how to minimize risks and protect clients as effectively as possible.
Disclaimer:
Each case has different circumstances, so the handling approach and legal outcome will depend on specific files, evidence, and the assessment of competent authorities. Early involvement of a lawyer will give you a significant advantage in protecting your rights.
Contact DEDICA Law Firm for in-depth legal advice!
📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat and Zalo)
🕒 Working hours: Monday – Friday (8:30 – 18:00)
Contact now to receive your first free consultation from our professional legal team!
