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Your family member is being detained in Vietnam while the rest of the family lives overseas?
Can you meet them in person? What procedures are required? Who has the authority to approve a visit, and what documents must be prepared to avoid making the situation worse?
This article helps overseas families understand Vietnamese legal regulations and identify the safest and most effective legal approach during this highly sensitive period.
Many families living abroad experience shock and confusion upon learning that their relative has been temporarily detained or placed under criminal investigation in Vietnam. The common emotions are fear, helplessness, and uncertainty about what to do next.
You may be asking yourself:
Will my relative be detained for a long time?
Are family members allowed to meet them in person?
Do we need official approval, or can we simply go to the detention facility?
Could improper actions or procedures make the case more serious?
In reality, Vietnamese law strictly regulates meetings with detainees, especially in criminal cases involving foreign elements. Acting based on hearsay or attempting to make direct contact without proper legal guidance may lead to wasted time, unnecessary expenses, and even negative consequences for the detainee’s legal position.
This is one of the most common misunderstandings among families.
Under the Vietnamese Criminal Procedure Code:
Temporary custody is a short-term measure applied at the initial stage of an investigation to verify signs of a crime. The maximum duration is usually up to 9 days, including extensions in special circumstances.
Pre-trial detention is a more severe measure imposed after a criminal case has been initiated and the suspect has been formally charged. This period may last several months, depending on the nature and seriousness of the case.
Whether family members are allowed to visit, when the visit may occur, and how long it may last largely depends on whether the person is under temporary custody or pre-trial detention.
In practice, many families report that they are denied visits even after traveling to Vietnam. This is not necessarily due to unfair treatment, but rather stems from legal considerations such as:
The need to maintain confidentiality during the early investigation stage
The seriousness of the case or the presence of foreign elements
The absence of approval from the competent authority
The requester not falling within the legally permitted group of visitors
For this reason, understanding the law and following the correct procedure from the outset is critical.
The answer is: possibly, but not always, and not everyone is entitled to visit.
Vietnamese law allows detainees to receive visits, but such visits are strictly controlled by the authorities conducting the proceedings.
Under Article 22 of the Law on Execution of Temporary Custody and Pre-trial Detention (2015):
A person in pre-trial detention may meet relatives only with the consent of the authority handling the case
The duration, number of visitors, and content of the meeting are limited
Visits may be denied if they could negatively affect the investigation
For foreign detainees, visitation may also involve:
Diplomatic considerations
Notification to consular authorities
Specific regulations of each detention facility
This means that families cannot simply go to a detention center and request a visit, even if they are parents, spouses, or children.
Based on our experience assisting families with foreign relatives under criminal investigation in Vietnam, the most common challenges include:
Not knowing where the relative is being held
Lack of access to official information
Uncertainty about which authority to contact
Not knowing what documents are required
Language barriers and differences in legal systems
Many families attempt to resolve these issues on their own but lose valuable time—while the early stage of a criminal case is often the most critical.
Instead of navigating the situation in panic, families should adopt a calm, lawful, and strategic approach.
Families need to clarify:
Is the person under temporary custody or pre-trial detention?
Has a criminal case been formally initiated?
Which authority is handling the case?
This information forms the basis for determining the feasibility and timing of any visit.
In most cases—especially those involving foreign elements—requesting visitation through a lawyer is the safest and most effective approach.
A lawyer can:
Work directly with investigating authorities
Guide the family in preparing appropriate documentation
Assess the likelihood of visitation approval
Prevent actions that could negatively affect the detainee
More importantly, a lawyer will not create unrealistic expectations or promise outcomes, but will focus on protecting lawful rights within the legal framework.
Families should consider contacting a Vietnam-based lawyer as soon as:
A relative is detained without clear reasons
The case involves criminal charges
The detainee is a foreign national
The family resides overseas and cannot directly work with authorities
Delays may result in lost access to information and missed opportunities during a crucial stage of the investigation.
DEDICA Law Firm, based in Ho Chi Minh City, regularly advises and represents:
Foreign nationals under investigation, temporary custody, or pre-trial detention in Vietnam
Overseas families requiring urgent legal assistance
Foreign victims in criminal cases in Vietnam
We understand that for families living far away, what matters most is not unrealistic promises, but accurate information, a clear legal strategy, and trustworthy 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!
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