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When foreigners commit crimesin Vietnam, the proceedings, rights and responsibilities have many special features: they must both comply with domestic law and respect international commitments and diplomatic principles. Below is the latest guidance, compiled from current legal regulations and analysis from reputable sources, to help you clearly understand how to litigate cases with foreign elements.
According toArticle 5 of the 2015 Penal Code (amended and supplemented 2017): every criminal act committedon the territory of the Socialist Republic of Vietnamare all handled according to Vietnamese criminal law; including foreigners.
If foreignerssubject to diplomatic or consular immunity(according to Vietnamese law, international treaties or international practices), criminal liability can be governed by international treaties or resolved diplomatically.
Extraditionaccording toLaw on Mutual Legal Assistance 2007, when there is an agreement with a foreign country or an international treaty, can be applied to bring offenders or execute sentences. Conditions include minimum penalties, arbitrary prison terms, or an outstanding portion of the sentence.
Expulsionaccording toArticle 37 of the 2015 Penal Code: convicted foreigners may be forced to leave Vietnamese territory, as a primary or additional penalty.
Below are the general procedural steps that foreigners can go through if prosecuted in Vietnam, along with basic rights during the litigation process.
Detect signs of crime
Discovery can be through the police, the press, denunciations from individuals, organizations... This is no different from the case where the defendant is Vietnamese.
Immunity
If that individual has diplomatic/consular immunity, it must be clearly defined in law or international treaty; If there is an exemption, it will be handled according to special regulations or through diplomatic channels.
Prosecute the case & the accused
If there are enough grounds (according to the 2015 Criminal Procedure Code), the investigation agency will decide to prosecute the case and prosecute the accused against foreigners. This requires clear evidence and signs of crime.
Investigate & collect evidence
Take statements from foreign suspects, witnesses, and related parties.
Make sure to translate if the person does not speak Vietnamese or does not understand Vietnamese well.
Prosecute
The Procuracy is responsible for reviewing documents and evidence collected by the investigating agency.
If there is not enough evidence or there is a procedural violation, return the file for additional investigation.
Trial
The court has jurisdiction to hear the case. In cases with foreign elements or assets/victims abroad, the Provincial, City or Central Court can be determined depending on the severity.
Foreign defendants have the right to defend themselves or ask a lawyer. Vietnamese law also guarantees the right to interpretation and the right to contact consular representatives of your country.
Appeal / Cassation if necessary
If you disagree with the first instance verdict, the convicted person (foreigner) has the right to appeal to a higher court.
In cases of serious crimes or serious errors, cassation may be considered.
Right of interpretationif they do not use Vietnamese or do not understand clearly.
Right to defend: You can defend yourself or hire a lawyer.
Right to contact the embassy or consulatefor consular protection.
Difficulty with language and understanding local laws: foreigners may not hold all rights and obligations in proceedings in Vietnam.
Lack of extradition/mutual legal assistance agreement between their country and Vietnammay cause obstacles to the extradition or transfer of convicted persons.
Diplomatic factor: if they are exempt or subject to international treaties, litigation may be influenced by international commitments or diplomatic exchanges.
Expulsion: convicted foreigners may be deported from Vietnam, as an additional or main penalty depending on the case.
Extradition & international arrest request: If a foreigner flees abroad, Vietnam can coordinate internationally (Interpol, mutual legal assistance) to pursue and extradite them back to the country.
Handling of litigation in cases involving foreigners committing crimesin Vietnamrequires a combination of compliance with domestic law and sensitivity to international treaties, diplomatic rights, and human rights. Here are tips if you are or may be involved in this type of case:
Always check to see if the foreigner is covered by diplomatic immunity or consular rights; because this greatly affects the handling and criminal liability.
If the case is serious or there is a risk of escape, collect evidence quickly, ensure the proceedings are in accordance with regulations, and have an interpreter and lawyer right from the beginning.
Understand the right to extradition and international agreements that Vietnam is a member of to know whether the offender can be extradited to the country or transferred to execute the sentence.
Use a lawyer with experience in cases involving foreign elements to ensure that litigation is conducted fairly and clearly, and best protects the rights of the accused.
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