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Being prohibited from leaving Vietnam is one of the biggest fears for foreigners who live, work, or travel in Vietnam—especially when they are involved in a criminal case. So how does Vietnamese law actually regulate this issue? In which situations can the police impose an exit ban, and what are the legal limits of this measure? This article aims to help you understand the law correctly and act safely from a legal perspective.
According to the Law on Exit and Entry of Foreigners in Vietnam (amended in 2019) and the 2015 Criminal Procedure Code (currently in force), an exit ban is an administrative and procedural measure used to prevent an individual from leaving Vietnam when the competent authority believes that such departure may affect investigation, prosecution, trial, or enforcement of a judgment.
In other words, an exit ban is not a punishment, but a temporary measure serving the resolution of a legal case.
This is the most important issue and the one that concerns readers the most. Under current regulations, Vietnamese police may only impose an exit ban on foreigners in the following specific cases.
Under Article 124 of the 2015 Criminal Procedure Code, an exit ban may be applied to suspects or defendants when there are grounds to believe that they may flee or that their departure would obstruct criminal proceedings.
This means that:
The foreigner has been formally criminally charged.
There is a clear procedural decision (not merely suspicion or an invitation to work with the police).
In practice, most exit bans imposed on foreigners fall into this category.
A lesser-known point is that even if a foreigner has not yet been formally charged, they may still be subject to an exit ban if they are under criminal responsibility review.
According to Article 36 of the Law on Exit and Entry of Foreigners, competent authorities may request temporary suspension of exit for foreigners during the verification and handling of criminal reports, if there are grounds to believe that departure may affect the investigation.
This is a particularly sensitive stage, as many foreigners do not realize that not being charged does not necessarily guarantee the right to exit Vietnam.
In some complex cases, foreigners may not be suspects or defendants but may be:
Persons with civil compensation obligations.
Persons holding important assets or evidence.
If authorities can prove that departure would seriously affect case resolution, an exit ban may still be applied. However, in practice, this category is less common and requires strict legal justification.
In many cases, foreigners experience excessive anxiety despite not being subject to exit bans under the law. Understanding when exit bans are generally not applied helps avoid panic and make more appropriate decisions.
Being “invited to work” or “asked to clarify information” does not automatically result in an exit ban. If no criminal charges or preventive measures have been issued, the right to exit Vietnam is, in principle, still protected.
However, actions during this stage—statements, submitted documents, and cooperation attitude—may influence later assessments by investigators.
Foreigners who are victims or witnesses in criminal cases in Vietnam are generally not subject to exit bans, except in exceptional circumstances where departure would seriously obstruct case resolution.
In most cases, victims may still leave Vietnam normally.
Under current law:
Exit bans must be issued in writing.
They have a specific duration and may be extended if the case has not concluded.
Affected individuals have the right to lodge complaints if they believe the measure lacks legal grounds.
In practice, many people only discover they are subject to an exit ban at the airport—a stressful situation that could often be avoided with early legal assistance.
This is when calm judgment is essential. Attempting to leave Vietnam while under review may be viewed as an intention to flee, worsening the legal situation.
It is advisable to consult a criminal lawyer experienced in assisting foreign clients. A lawyer can:
Clarify your exact legal status with authorities.
Assess the risk of an exit ban.
Propose appropriate legal protection strategies at each stage.
Note: All legal analyses are for reference only. Actual application depends on the case file, evidence, and assessments by competent authorities at each time.
DEDICA Law Firm, based in Ho Chi Minh City, provides legal advice and defense for foreigners who are suspects, defendants, related parties, or victims in criminal cases in Vietnam. We understand the language, cultural, and psychological challenges foreigners face when working with Vietnamese authorities.
If you or your relatives are:
Invited to work with the police,
Under investigation or at risk of prosecution,
Concerned about exit bans or passport retention,
please seek timely legal guidance.
📞 Hotline: (+84) 39 969 0012 (WhatsApp, WeChat & Zalo support)
🕒 Working hours: Monday – Friday (8:30 – 18:00)
Contact us now for a free initial consultation.
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