Returned Money to the Victim – Can Foreigners Reduce Criminal Liability in Vietnam?

When a foreigner is investigated or accused of committing a crime in Vietnam, the biggest concern is often not only the case itself—but also the lack of understanding of the Vietnamese legal system.

Many foreign clients approach lawyers with a common question:

“If I have already returned the money to the victim or compensated for the damage, will I still face criminal liability?”

This is a very practical question. In many cases involving fraud, property appropriation, contract disputes with criminal signs, or other property-related offenses, the act of remedying the consequences and returning money to the victim can significantly influence how authorities evaluate the case.

However, it is important to understand that compensation does not automatically mean that criminal liability will be eliminated.

Vietnamese law provides specific rules regarding mitigating circumstances in criminal cases, and returning money to the victim is only one of several factors that a court may consider.

In this article, the lawyers of DEDICA Law will explain:

• When returning money to the victim may be considered a mitigating circumstance
• Other factors Vietnamese courts may consider for foreign suspects or defendants
• How foreigners should handle this situation in a legally safe manner

Is Returning Money to the Victim Considered a Mitigating Circumstance Under Vietnamese Law?

Under the Vietnamese Criminal Code 2015 (amended and supplemented in 2017), the law clearly provides for circumstances that may mitigate criminal liability.

Specifically, Article 51 of the Criminal Code lists mitigating factors, including: “The offender voluntarily repairs damage, compensates for losses, or remedies the consequences.”

This means that returning money or compensating the victim may be recognized as an important mitigating circumstance during criminal proceedings.

However, in order for this factor to be considered, the act of remedying the consequences must meet certain conditions.

Compensation Should Be Voluntary and Demonstrate Good Faith

In practice, Vietnamese courts often evaluate how voluntary the compensation was.

For example:

• The offender proactively returns the money before the case is prosecuted
• Compensation is voluntarily made during the investigation stage
• The offender actively negotiates compensation with the victim

These actions are often viewed as signs of remorse and genuine willingness to remedy the consequences.

On the other hand, if the compensation only occurs after an arrest or after the investigation conclusions, it may still be considered as a mitigating factor, but the weight given to it may vary depending on the case.

In many situations, criminal defense lawyers assist clients in communicating with the victim, negotiating compensation, and preparing legally valid agreements, which may help authorities recognize the offender’s good faith.

Full or Partial Compensation May Be Evaluated Differently

Another factor courts often consider is the extent to which the damage has been remedied.

For example:

• Full compensation for the loss
• Partial compensation
• Or situations where compensation cannot yet be fully paid but the offender commits to remedying the damage

In practice, full compensation that is accepted by the victim often provides the defendant with a greater chance of receiving a reduced penalty.

In some cases, when the victim submits a request for leniency or a letter asking the court for reduced punishment, the court may take humanitarian considerations into account when determining the sentence.

However, it must be emphasized that:

Compensation does not automatically eliminate criminal liability, especially for serious offenses or cases involving significant damage.

Other Factors Vietnamese Courts Consider for Foreign Defendants

In criminal cases involving foreign elements, Vietnamese courts typically assess multiple factors together, not only compensation.

Understanding these factors can help foreigners develop a more appropriate legal strategy from the early stages of investigation.

Cooperation with Investigative Authorities

One of the important aspects considered by law enforcement authorities is the attitude of the person under investigation.

Positive factors may include:

• Honest and sincere statements
• Cooperation during the investigation
• Providing information that helps clarify the case
• Demonstrating remorse and willingness to remedy the consequences

These factors are also listed in Article 51 of the Criminal Code as mitigating circumstances.

For foreigners, understanding their rights and obligations when working with Vietnamese authorities is extremely important.

In many cases, due to language barriers or unfamiliarity with legal procedures, foreigners may unintentionally provide statements that are unfavorable to themselves.

This is one reason why having a lawyer involved at an early stage can significantly help protect legal rights.

The Level of Damage and Nature of the Offense

Vietnamese courts may also consider factors such as:

• The value of the damaged property
• The number of victims
• Whether the offense was organized
• The role of each individual involved in the case

For example:

• A person who plays a primary role in the offense may face greater responsibility
• Someone with a limited or minor role may receive more favorable consideration

In cases involving economic crimes, fraud, or financial disputes with criminal elements, clearly analyzing each individual’s role can significantly affect the outcome of the case.

Personal Background and Circumstances

Vietnamese courts may also evaluate factors such as:

• Whether the offender has no prior criminal record
• Whether they have a good personal background
• Whether they have made positive contributions to society
• Or whether there are special personal circumstances

For foreign defendants, lawyers often need to collect supporting documents from abroad, such as:

• Employment records
• Letters from employers or companies
• Certificates showing community contributions

These documents may help the court gain a more comprehensive understanding of the defendant’s background.

What Should Foreigners Do If They Are Being Investigated in a Criminal Case in Vietnam?

For many foreigners, being invited to work with the police or investigated in a criminal case in Vietnam can be an extremely stressful experience.

Many people find themselves in situations where they:

• Do not know what their rights are
• Do not understand Vietnamese criminal procedures
• Are unsure whether compensation will actually help their case

In these situations, handling the matter incorrectly may make the situation more complicated.

Do Not Negotiate or Transfer Money Without Legal Advice

A common mistake is quickly transferring money to the victim without consulting a lawyer.

In some cases, doing so may:

• Not be properly recognized from a legal standpoint
• Not be considered a mitigating factor as expected
• Or even create additional legal risks

Therefore, before making any compensation arrangements, foreigners should consult with a lawyer to develop an appropriate legal strategy.

Work with a Lawyer Experienced in Cases Involving Foreigners

Criminal cases involving foreign individuals often contain additional complexities such as:

• Language barriers
• Consular procedures
• Differences between legal systems of different countries

A lawyer experienced in criminal cases involving foreign nationals in Vietnam can assist with:

• Explaining legal procedures clearly
• Participating in meetings with investigative authorities
• Assisting with lawful compensation negotiations
• Protecting the client’s rights throughout criminal proceedings

It should also be noted that every case has its own circumstances, and the legal outcome will depend on many different factors.

This article is intended to provide general legal information only and should not be considered legal advice for a specific case.

When Should You Contact a Lawyer?

You should consider speaking with a lawyer as soon as possible if you or someone close to you is in one of the following situations:

• A foreigner invited to work with Vietnamese police authorities
• Being investigated or accused in a criminal case in Vietnam
• Wanting to compensate the victim to remedy damages but unsure how to do it legally
• Or a foreigner who is a victim in a criminal case in Vietnam

Early legal consultation can help you better understand your rights and identify the most appropriate course of action.

DEDICA Law is a law firm based in Ho Chi Minh City with lawyers who have worked at international law firms and multinational corporations. We regularly assist foreign clients involved in criminal cases in Vietnam, including:

• Legal strategy consultation
• Criminal defense and protection of legal rights
• Assistance in working with investigative authorities
• Support in negotiating compensation and remedying consequences

If you are facing a similar situation, timely legal advice may help reduce unnecessary legal risks.

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!