When Can Vietnamese Police Emergency Arrest a Foreigner?

Being summoned by the Vietnamese police for questioning, temporarily detained, or even placed under an emergency arrest is a major source of anxiety for many foreigners in Vietnam.

So, under what circumstances are Vietnamese authorities legally allowed to carry out an emergency arrest of a foreign national? What rights do you have, and what should you do to protect yourself?

Is the Emergency Arrest of a Foreigner Legal in Vietnam?

Many foreigners fear that they could be arrested “at any time” simply because they are unfamiliar with Vietnamese law. In reality, Vietnamese law does not distinguish between Vietnamese citizens and foreigners when applying emergency arrest measures.

This means that:

• Foreigners are not more easily arrested than Vietnamese citizens
• But they are not exempt if they fall within legally prescribed cases of emergency arrest

Emergency arrest is only permitted in very limited and exceptional circumstances, and must strictly comply with procedures set out in the Criminal Procedure Code 2015 (currently in force).

What Is an Emergency Arrest and How Is It Different from Pre-trial Detention?

An emergency arrest is a special procedural measure that allows investigative authorities to arrest a person immediately, without waiting for a formal decision to initiate criminal charges or a standard arrest warrant.

Key distinctions include:

• Not everyone summoned for questioning is under emergency arrest
• Being held for a few hours does not necessarily constitute an emergency arrest
• Emergency arrest applies only when there are clear and urgent danger signs, where failure to act immediately could result in serious consequences

When Are Vietnamese Police Allowed to Emergency Arrest a Foreigner?

Under Article 110 of the Criminal Procedure Code, Vietnamese police may only carry out an emergency arrest of a foreigner in one of the following three cases. This section is critical, as it helps you assess whether the arrest is lawful.

Case 1: There Are Grounds to Believe the Person Is Preparing to Commit a Very Serious or Particularly Serious Crime

This scenario often comes as the biggest shock to foreigners.

Examples include:

• Documents, statements, or evidence indicating the person is about to commit a dangerous criminal act
• Failure to arrest immediately could cause serious harm to society, life, or property

Not all violations qualify. This measure applies only to very serious or particularly serious crimes, as classified under Vietnamese criminal law.

Case 2: The Victim or Witness Identifies the Person and There Are Signs of Flight Risk

Police may carry out an emergency arrest if:

• The victim or witness clearly identifies the foreigner as the offender
• There are indications that the person is preparing to flee, such as:
  • Purchasing urgent tickets to leave Vietnam
  • Unusual packing or asset arrangements
  • Lack of a clear or stable residence

This is a common situation involving foreigners, as the ability to exit the country is often viewed as a flight risk if no immediate preventive measure is applied.

Case 3: Clear Traces of a Crime Exist and There Is a Risk of Evidence Destruction

Vietnamese police may emergency arrest a person if:

• Clear traces of a crime are found on the person, their vehicle, or their residence
• There are grounds to believe the person may destroy evidence or obstruct the investigation

Examples include:

• Possessing documents, devices, or data related to the case
• Deleting data, transferring assets, or destroying physical evidence

What Rights Do Foreigners Have When Subject to an Emergency Arrest in Vietnam?

This section is particularly important for easing concerns—an issue frequently raised by DEDICA’s foreign clients.

Even when subject to an emergency arrest, foreigners retain full procedural rights, including:

• The right to be informed of the reasons for the arrest
• The right to have a formal arrest record prepared in accordance with the law
• The right to contact a lawyer
• The right to have their consular authorities notified, in accordance with international treaties to which Vietnam is a party
• The right to humane treatment and protection of health during detention

An emergency arrest does not mean guilt, and does not automatically lead to prosecution or trial.

The Biggest Risks of Not Having a Lawyer from the Very Beginning

Based on years of working with foreign clients, DEDICA has observed a common and costly mistake: underestimating the importance of early legal representation.

Common risks include:

• Inconsistent statements due to misunderstanding questions
• Signing written records without fully understanding Vietnamese content
• Not knowing when to exercise the right to remain silent
• Missing the opportunity to secure favorable evidence early

These issues can significantly affect the entire course of a criminal case, even if a lawyer is engaged at a later stage.

How Does DEDICA Support Foreigners in Criminal Cases in Vietnam?

DEDICA is a law firm based in Ho Chi Minh City that regularly:

• Provides legal advice to foreigners under investigation, temporary detention, or pre-trial detention
• Participates in defense and protection of the lawful rights and interests of foreign suspects and defendants
• Assists foreigners who are victims in criminal cases in Vietnam
• Works directly with investigative authorities, procuracies, courts, and consular offices

Contact DEDICA Law Firm for Professional 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!