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Can you go to jail for selling cosmetics or dietary supplements without a license in Vietnam? This is a question that causes serious concern for many foreigners when they are summoned by the police or receive a notice of criminal investigation. If you or your loved one are in this situation, do not panic — understanding Vietnamese law correctly is the first step to protecting yourself.
Many foreign clients come to DEDICA feeling confused and anxious:
“I only sold a few imported products online — why am I being investigated?”
“I’m just an investor. Could I go to jail?”
The reality is that Vietnamese law clearly distinguishes between administrative violations and criminal liability. Not every case of selling cosmetics or dietary supplements without proper licensing leads to imprisonment.
However, if the elements of a crime under the Vietnamese Criminal Code are established, criminal liability may arise.
Under Decree 98/2020/ND-CP (as amended by Decree 17/2022/ND-CP), acts such as trading goods without proper licenses, failing to declare products, or failing to register circulation may result in:
For cosmetics, businesses must obtain a Cosmetic Product Notification Receipt in accordance with regulations of the Ministry of Health.
For dietary supplements (functional foods), businesses must complete product registration or self-declaration procedures under the Law on Food Safety.
If the violation merely involves incomplete procedures, causes no serious consequences, and involves goods of limited value, the case is typically handled as an administrative violation.
However, the situation becomes more serious if certain additional factors are present.
Under the 2015 Criminal Code of Vietnam (amended in 2017), several criminal offenses may be considered in cases involving unlicensed cosmetics or dietary supplements:
For example, if dietary supplements are determined to be counterfeit, contain banned substances, or cause harm to consumers’ health, investigators may consider criminal liability under Article 317.
The level of penalty depends on:
In some cases, only fines are imposed. In others, imprisonment may apply, potentially for several years. Each case is assessed individually.
Therefore, the correct answer is not simply “yes” or “no.” It depends entirely on the facts, evidence, and legal structure of the case.
When a foreign national is summoned by Vietnamese police or prosecuted in connection with cosmetics or supplement trading, common fears include:
At this stage, the most important thing is not arguing emotionally about right or wrong, but building a proper legal strategy from the beginning.
In many cases handled by DEDICA, foreign clients were:
Vietnamese criminal law determines liability based on:
Being listed as a company representative does not automatically mean full criminal responsibility.
Carefully analyzing roles, proving lack of intent, lack of knowledge about product origin, or absence from the distribution chain can significantly affect the outcome.
Under the 2015 Criminal Procedure Code, foreign nationals have the right to:
In practice, without legal counsel from the early stages, many individuals unintentionally provide statements that may negatively affect their case due to unfamiliarity with the Vietnamese legal system.
DEDICA regularly represents foreign clients in criminal cases in Vietnam — from police interviews and investigation stages to trial proceedings.
We always remind clients that every statement and every submitted document may directly influence the direction of the investigation.
If you or your loved one are facing such a situation, consider the following steps.
It is essential to review:
Some cases initially appear criminal but, after careful legal analysis, may be redirected toward administrative handling if it can be demonstrated that:
Such assessments require lawyers who understand both investigative practice and practical enforcement of Vietnamese law.
In certain cases, cooperative attitude, voluntary remediation, and returning unlawful profits may be considered mitigating circumstances under Article 51 of the Criminal Code.
However, such strategies must be carefully calculated.
You should not voluntarily admit criminal conduct without comprehensive legal advice.
DEDICA never promises that a client will “definitely avoid jail.”
In criminal matters, outcomes depend on multiple factors: evidence, prosecutorial evaluation, and court judgment.
What we can do is:
If you are a foreign national:
The most important step is not to panic and not to handle the situation alone.
Vietnam’s legal system has its own procedures, evidentiary standards, and enforcement practices. A wrong strategy at the beginning can make the situation more serious.
Each case is unique.
Not everyone who sells products without a license goes to prison. But neither should anyone be careless.
If you need a legal team that understands Vietnamese law, has experience working with investigative authorities, and has represented foreign nationals in criminal cases, DEDICA is ready to stand by your side.
📞 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!
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