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When conflicts, disputes, or suspicions of wrongdoing arise, some foreigners in Vietnam choose to “hold someone back to clarify matters.” However, even this seemingly minor action can push them into criminal proceedings. Can foreigners be imprisoned or deported for illegal detention in Vietnam? What should you do if summoned by the police? This article helps you understand Vietnamese law and choose the right course of action.
Many foreigners living or working in Vietnam assume that Vietnamese law is more “flexible” toward foreign nationals. In reality, this is a dangerous misconception.
Under the current Vietnamese Criminal Code, any crime committed within Vietnam’s territory is governed by Vietnamese law, regardless of nationality. Only limited exceptions apply, such as international treaties or diplomatic immunity.
This means that if a foreigner unlawfully detains someone in Vietnam, investigative authorities have full authority to prosecute under Vietnamese criminal law. Foreign nationality does not exempt criminal liability.
In practice, DEDICA Law finds that many foreigners fail to recognize the boundary between lawful conduct and criminal behavior when it comes to restraining someone.
Vietnamese law clearly states that only certain authorities—primarily law enforcement and judicial bodies—have the right to arrest or detain individuals. Private individuals may only detain someone caught in the act of committing a crime or a wanted person, and must immediately hand them over to the police.
If a person restrains another, prevents them from leaving, locks doors, guards them, or applies psychological pressure to force them to stay, such conduct may still constitute illegal detention, regardless of the initial intention. Authorities evaluate the nature of the act and its consequences, not subjective explanations.
Under Article 157 of the 2015 Criminal Code (as amended in 2025), illegal arrest, detention, or imprisonment is an independent criminal offense. Penalties vary depending on severity.
In less serious cases, offenders may face non-custodial reform for up to three years or imprisonment. In more serious circumstances—such as organized acts, prolonged detention, serious harm to human rights, or public disorder—imprisonment may extend up to 12 years.
For foreigners, courts may also impose deportation as an additional penalty. In some cases, deportation is applied after imprisonment; in others, it may be considered an alternative measure depending on case specifics.
No lawyer can guarantee outcomes in advance. Each case is assessed based on evidence and circumstances.
In reality, most cases involving foreigners do not originate from criminal intent. Many arise from civil disputes, business conflicts, or personal disagreements.
Some foreigners detain partners or employees believing they committed fraud or breached contracts. Others assume they have the right to restrain someone suspected of theft or misconduct. However, Vietnamese law does not permit private individuals to handle matters this way.
Any act that forces another person to stay against their will may constitute a criminal offense, regardless of the original purpose.
When receiving a police summons, many foreigners panic. In fact, a summons does not automatically mean guilt. It is an information-gathering stage.
However, this is also a sensitive phase. Statements made may later be used to assess liability. Due to language barriers and legal differences, foreigners may unintentionally make harmful statements.
Vietnamese law allows foreigners to appoint a lawyer from the early stages. Legal representation helps clarify rights, guide interactions with authorities, and minimize risks.
No article can replace case-specific legal advice. Each situation must be evaluated individually.
In cross-border criminal matters, lawyers serve not only as defenders but also as bridges between clients and authorities, reducing misunderstandings caused by cultural and language differences.
DEDICA Law is a Vietnam-based firm that regularly advises and represents foreigners in criminal cases. We understand that clients fear not only penalties but also the loss of control when facing unfamiliar legal systems.
DEDICA does not make unrealistic promises like “guaranteed no jail,” but we stand alongside clients to find the most appropriate legal solutions within Vietnamese law, aiming to minimize risks and protect lawful rights.
If you or a loved one is a foreigner being summoned, investigated, or involved in detention-related allegations in Vietnam, delaying legal support may worsen the situation.
Contact DEDICA Law for initial legal guidance, support in working with authorities, and full representation throughout the process.
Contact DEDICA Law Firm for in-depth legal advice!
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