A foreign victim located halfway across the globe, unable to be present every time the police summon them, risks missing the entire proceedings of the case without knowing how to properly authorize a lawyer. Incorrect authorization mechanisms, or documents missing a confirmation step, could lead the police to deny the lawyer access to the files from the very beginning.
You just found out you are a victim in a criminal case in Vietnam, but you are abroad. Are you required to fly back every time the police invite you for an interview? If you authorize a lawyer, can that lawyer present statements, provide evidence, and monitor the investigation progress on your behalf? And if the power of attorney is signed abroad, does that paper have legal validity in Vietnam? These are common obstacles for foreign victims, as information about victims' rights is often overshadowed by content regarding the rights of the accused. The article below analyzes the correct mechanism for authorizing a lawyer under the Criminal Procedure Code, the procedure to follow from abroad, and mistakes that cause authorizations to be unrecognized.
What rights do foreign victims have in criminal cases in Vietnam?
The Criminal Procedure Code does not differentiate by nationality when determining who is a victim. Any individual who directly suffers physical, mental, or property damage caused by a crime in Vietnam has all the rights of a victim, even if they are a foreigner residing in another country.
Among the rights listed in Article 62, the most important for those far from Vietnam is the right to retain a lawyer. This means you are not obliged to personally deal directly with the police in all situations; you can have legal support right from the investigation stage.
Accompanying the right is the obligation to be present upon summons. This is a point many foreign victims have not anticipated: having a lawyer does not mean you are completely exempt from this obligation.
Authorizing a lawyer to work with the police: Which legal mechanism is correct?
This is where it gets most confusing. The Criminal Procedure Code clearly distinguishes between two different roles, and conflating these two concepts is the reason why many families waste time redoing paperwork.
The first is the “representative” (người đại diện) of the victim. This role only arises in special cases, not just because you are far away.
If you are still alive, lucid, and have full civil act capacity, even if you are abroad, you do not fall into the above case. The correct mechanism for you is the second one: retaining a lawyer as a “defender of the legitimate rights and interests of the victim” under Article 84.
In this role, the lawyer has the right to be present when you are interrogated, present evidence, read and copy documents in the case file related to your interests after the investigation concludes, and participate in questioning and debating at the trial.
Retaining this lawyer is established through a standard civil authorization relationship, without requiring special conditions like in the case of a representative.
Procedures for authorizing a lawyer to work with the police from abroad
The procedure consists of four steps. Step one, sign a legal service agreement with a law firm along with a power of attorney or a letter retaining a lawyer to protect the victim's interests, clearly stating the scope of work: receiving notices of investigation results, providing evidence, being present during interrogation, and proposing compensation amounts. This relationship is essentially a contract of authorization under civil law.
Step two, if the power of attorney is signed abroad, the document must be consular legalized before it is valid for use in Vietnam, unless it is exempted under an international treaty of which Vietnam is a member.
Step three, foreign-language documents need to be notarized translated into Vietnamese. Step four, the lawyer presents their lawyer's card and the valid power of attorney to the investigating agency or procuracy handling the case to be registered to participate in protecting your interests. From this point, the lawyer can proactively work with the procedural agencies, update you on the case's progress, and exercise the rights under Article 84 on your behalf without you having to contact them yourself every time.
Common risks and mistakes in practice
The most common mistake is thinking that authorizing a lawyer means the lawyer completely replaces the victim's status, even when the victim is still alive and lucid. As analyzed above, the “representative” role under Article 62, Clause 5 only applies in special cases. If you do not fall into this category, certain tasks such as directly providing statements when summoned still belong to you; the lawyer is present with you and protects your interests, but does not “sign on your behalf” for tasks requiring the victim's actual presence.
The second mistake is preparing a perfunctory power of attorney, containing only a handwritten signature without consular legalization when signed abroad. This type of file is almost certainly rejected, causing the lawyer to lose the right to access the case at the most critical time, usually the initial investigation stage.
The third mistake is defining the scope of authorization too broadly, such as “authorizing the entire matter,” prompting procedural agencies to request clarification and extending processing time. The scope of work should be specifically listed: receiving notices, providing documentary evidence, proposing damage compensation, and participating in court hearings.
The fourth mistake is assuming that once you have a lawyer, you no longer need to follow the case. In reality, some content, such as the victim's direct testimony, still requires your cooperation to provide, even though the lawyer is present to protect your rights throughout that process.
DEDICA's role in protecting foreign victims
DEDICA assists foreign victims from drafting the power of attorney and legal service agreement with the correct required scope, guiding the consular legalization and notarized translation procedures when documents are signed abroad, to directly working with the investigating agency and procuracy within the legally permitted scope. Throughout this process, DEDICA updates you on the case's progress even if you are not present in Vietnam, and proposes a compensation amount appropriate to the actual damage incurred.
Conclusion
As a foreign victim in a criminal case in Vietnam, you have the right to authorize a lawyer to work with the police without having to wait until the case goes to court. You need to strictly follow four steps: determine the correct mechanism, which is retaining a lawyer as a “defender of legitimate rights and interests” under Article 84, not a “representative” (a role reserved only for victims who are deceased, missing, or have lost civil act capacity); sign a legal service agreement and a power of attorney clearly stating the scope of work; conduct consular legalization and notarized translation if documents are signed abroad; and submit this dossier to the investigating agency for the lawyer to be registered. Note that having a lawyer does not mean you are exempt from all obligations to be present upon summons, unless you fall into the special cases mentioned above.
If you or a loved one are a victim in a criminal case in Vietnam and cannot be present regularly, DEDICA Law Firm is ready to support you with preparing valid authorization documents and directly working with the investigating agency on your behalf right now. Contact DEDICA for in-depth legal consultation.
The content of this article is for reference purposes based on the legal regulations at the time of drafting. Each case has its own circumstances and procedural stages; please consult a DEDICA lawyer for accurate advice on your specific situation.
