Are you or your loved one being investigated for abuse of power in Vietnam? When does this conduct become a criminal offense, and how can you reduce legal risks?
When Is Abuse of Power Considered a Criminal Offense?
Many foreigners working in Vietnam, especially in managerial or executive roles, are unexpectedly invited to work with the police or even investigated for alleged abuse of power. What makes the situation more concerning is that many individuals are not aware that their actions may expose them to criminal liability.
In a legal environment where regulations are increasingly strict—particularly for foreign-invested businesses—understanding the boundary between administrative violations and criminal offenses is essential to protect yourself.
What Is “Abuse of Power” Under Vietnamese Law?
Under the Vietnamese Penal Code 2015 (amended in 2017), abuse of power is addressed under several criminal provisions, including:
- Article 355: Abuse of position and power to appropriate property
- Article 356: Abuse of position and power in the performance of official duties
In simple terms, this refers to using one’s assigned authority in violation of the law for personal gain or causing harm to others.
In practice, common risk situations include:
- Signing contracts in violation of internal rules or legal regulations
- Favoring business partners in exchange for personal benefits
- Improper interference in financial or HR processes
For foreigners, these actions may sometimes stem from differences in legal systems or business practices. However, they can still be subject to criminal scrutiny under Vietnamese law.
When Does This Conduct Lead to Criminal Liability?
Not all acts of abusing power are treated as criminal offenses. However, the risk of criminal prosecution increases significantly if the following factors are present:
Personal Gain or Improper Motive
If the conduct involves:
- Misappropriation of assets
- Receiving financial or non-financial benefits
- Providing advantages to oneself or related parties
This is a key indicator for criminal investigation.
Actual Damage or Consequences
Vietnamese law places strong emphasis on consequences. Criminal liability may arise if the conduct:
- Causes financial damage above statutory thresholds
- Disrupts business operations
- Harms the State or third parties
Sufficient Elements of a Criminal Offense
Authorities will assess whether all legal elements are met:
- The subject holds a position of authority
- The act violates official duties
- There is damage or risk of damage
- There is intent (usually intentional misconduct)
Important note: Being invited to work with authorities or being under investigation does not automatically mean you will be convicted. The final outcome depends on evidence, context, and legal assessment.
What Should Foreigners Do If They Are Under Investigation?
Facing a criminal investigation in a foreign country can be overwhelming, especially when you are unfamiliar with the legal system. However, the way you respond at an early stage can significantly impact the outcome.
Common Mistakes to Avoid
Based on practical experience, many foreigners make the following mistakes:
Working with Authorities Without a Lawyer
Trying to “explain everything” on your own may lead to:
- Inaccurate or misunderstood statements
- Disadvantages due to language barriers
- Unintentionally providing self-incriminating information
Not Understanding Your Legal Rights
Under Vietnamese law, you have important rights, including:
- The right to have a lawyer from the investigation stage
- The right to an interpreter
- The right not to self-incriminate
Without proper guidance, these rights are often overlooked.
Underestimating the Situation
Many people assume: “I was only invited to work, it’s not serious.”
In reality, this is often a critical stage where authorities gather evidence and shape the direction of the case.
Legal Solutions from a Lawyer’s Perspective
With experience in handling criminal cases involving foreign elements, DEDICA provides the following guidance:
Early Legal Risk Assessment
Lawyers can help you:
- Determine whether your conduct may constitute a criminal offense
- Assess the level of risk
- Identify favorable and unfavorable factors
Building a Proper Working Strategy
A well-prepared approach can:
- Prevent misunderstandings about your conduct
- Protect your legal rights
- Control the information provided to authorities
Minimizing Legal Consequences
In many cases, early legal support can:
- Help mitigate legal liability
- Reduce reputational and business damage
- Guide the case toward a more favorable direction
Legal disclaimer:
Each case depends on its specific facts and circumstances. Whether criminal liability applies will be determined by competent authorities. This article is for reference only and does not constitute legal advice.
When Should You Contact a Lawyer Immediately?
You should seek legal assistance if:
- You are invited to work with authorities regarding management, finance, or contractual matters
- You suspect you are under investigation
- Your relative has been detained in Vietnam
- You are a foreigner unfamiliar with Vietnamese legal procedures
Having a lawyer early on can help you understand your situation clearly and significantly reduce legal risks.
DEDICA Law – Legal Support for Foreign Clients in Vietnam
DEDICA is a professional law firm based in Ho Chi Minh City, with a team of experienced lawyers who have worked at international law firms and multinational corporations.
We provide:
- Legal advice and defense in criminal cases
- Support in working with investigation authorities
- Protection of legal rights for foreign individuals in Vietnam
We understand that facing legal issues in a foreign country is not just about law—it is about having a trusted partner who can guide you through uncertainty.
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!
