Foreigners staying in Vietnam who are summoned by the police, under investigation, or involved in a criminal case often feel anxious: Will I be banned from leaving Vietnam? Will my passport be confiscated? When can I return to my home country?
This article helps you understand when foreigners may be prohibited from exiting Vietnam, the latest legal grounds, common risks, and safe, lawful ways to handle the situation.

When can foreigners be prohibited from leaving Vietnam?

In practice, being summoned by the police does not automatically mean a foreigner will be prohibited from leaving Vietnam. However, not everyone is free to leave the country when legal issues arise.

Exit bans on foreigners are only applied in cases prescribed by law, decided by competent authorities, and must be based on specific legal grounds. Understanding the nature of the issue helps avoid unnecessary panic and allows you to protect your rights at the right time.

Legal grounds for exit bans on foreigners

Currently, exit bans on foreigners in Vietnam are mainly governed by:

• Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (amended in 2019);

• Criminal Procedure Code 2015 (as amended);

• Relevant guiding legal documents.

Under Vietnamese law, an exit ban is not a punishment, but a preventive or special administrative measure serving the resolution of a legal case.

Legal grounds for exit bans on foreigners

Currently, exit bans on foreigners in Vietnam are mainly governed by:

• Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (amended in 2019);

• Criminal Procedure Code 2015 (as amended);

• Relevant guiding legal documents.

Under Vietnamese law, an exit ban is not a punishment, but a preventive or special administrative measure serving the resolution of a legal case.

Most common cases where foreigners are prohibited from leaving Vietnam

In reality, not all foreigners facing legal issues in Vietnam are prohibited from exiting the country. However, in certain situations, competent authorities frequently apply exit bans to support investigation, prosecution, or case resolution.

Foreigners who are suspects or defendants in criminal cases

This is the most common and most concerning situation.

According to the Criminal Procedure Code, if a foreigner is:

• Formally charged as a suspect;

• Prosecuted;

• On criminal trial;

the investigating authority, procuracy, or court may impose measures such as restriction of movement or exit bans to ensure their presence during legal proceedings.

In such cases, the exit ban does not depend solely on the severity of the offense, but on:

• Risk of absconding;

• Nature and seriousness of the case;

• Personal background and level of cooperation.

Importantly, the absence of a final judgment does not mean an exit ban cannot be applied.

Foreigners involved in criminal cases

Many foreigners believe: “I am only a witness, I didn’t commit a crime, so I can definitely go home.” This assumption is risky.

In practice, foreigners may be prohibited from leaving Vietnam if they are:

• Key witnesses;

• Persons with related rights and obligations;

• Persons suspected of involvement in criminal acts but not yet formally charged.

If leaving Vietnam may:

• Affect fact-finding;

• Obstruct the investigation;

competent authorities may still impose an exit ban for a certain period.

Foreigners under investigation but not yet charged

This is often the most psychologically stressful stage, as many people are unclear about their legal status.

Vietnamese law allows investigating authorities to temporarily apply preventive measures, including exit bans, if there are grounds to believe that:

• The person shows signs of involvement in a crime;

• Allowing exit could hinder the investigation.

This means you may not be formally charged or accused, yet still not allowed to leave Vietnam.

Foreigners who have not fulfilled legal or administrative obligations

Apart from criminal matters, foreigners may also be prohibited from leaving Vietnam if they:

• Have not fully complied with court judgments or decisions;

• Have not completed serious administrative penalty obligations;

• Have significant outstanding financial obligations related to legal matters.

This group of cases is often overlooked but quite common in practice.

How long does an exit ban last? Does it expire automatically?

This is a common concern among foreign clients.

In principle, exit bans are not indefinite. Each exit ban decision must:

• Have a specific duration;

• Correspond to the procedural stage or case resolution process.

However, in practice:

• The duration may be lawfully extended;

• Affected persons are not always clearly informed when the ban ends.

This is why some people only discover they are banned from exiting when they reach the airport, causing serious consequences for work, visas, and family matters.

What should foreigners do if they fear an exit ban?

If you or your loved ones fall into one of the above situations, the most important thing is not to speculate or wait silently.

From a practical legal perspective, lawyers usually recommend:

• Clearly identifying your current legal status;

• Checking whether a lawful exit ban decision exists;

• Assessing the possibility of modification, cancellation, or shortening of the ban (if legally grounded);

• Proactively developing an appropriate legal strategy at an early stage.

Early and proper handling helps control legal risks more effectively.

The role of lawyers when foreigners are prohibited from leaving Vietnam

In cases involving foreigners, differences in language, culture, and legal systems significantly increase risks without legal representation.

Lawyers can assist by:

• Clearly explaining rights and obligations;

• Working with authorities to clarify exit status;

• Proposing appropriate legal approaches for each stage;

• Protecting clients’ lawful rights under Vietnamese law.

Note: Each case has its own characteristics, and outcomes depend on many practical factors. This article is for legal reference only and does not constitute legal advice for any specific case.

Are you worried about being prohibited from leaving Vietnam?

If you are a foreigner who:

• Has been summoned by the police;

• Is under investigation or prosecution;

• Is involved in a criminal case in Vietnam;

• Or is a relative of a foreigner in such situations;

do not let lack of information put you at a disadvantage.

Consult an experienced lawyer early to receive lawful, safe, and appropriate legal guidance.

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