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Foreigners arrested in Vietnam often experience confusion, anxiety, and a sense of disorientation. Language barriers, differences in legal systems, and the pressure of working with investigative authorities make every word extremely sensitive. Many fear that a single careless answer could worsen their situation. In such circumstances, protecting one’s legal rights becomes more urgent than ever. So, do foreigners arrested in Vietnam have the right to remain silent?
When people hear “the right to remain silent,” they often think of the U.S. legal system. However, in Vietnam, this term is not explicitly stated in the law but is reflected through specific procedural rights granted to accused persons.
Under Article 13 of the 2015 Criminal Procedure Code, one of the fundamental principles is the presumption of innocence. An accused person is considered innocent until proven guilty in accordance with legal procedures and by a legally effective court judgment.
Clause 4 Article 60 (for suspects) and Clause 2 Article 61 (for defendants) clearly state:
An accused person has the right not to be compelled to testify against themselves or to admit guilt.
This means:
A foreigner arrested in Vietnam is not obligated to confess guilt.
No one may coerce them into giving statements against their own interests.
All statements must be made voluntarily.
However, Vietnamese law does not recognize the “right to remain silent” in an absolute sense as in some countries. In practice, detained persons and suspects will still be questioned according to procedure.
Therefore, instead of understanding it as “complete silence,” it should be understood as:
You have the right to refuse to answer questions that may incriminate you.
A common misunderstanding is that having the right not to confess means one can declare anything freely.
Vietnamese law does not allow false declarations. Providing untrue information, falsifying documents, or obstructing investigations may lead to more serious legal consequences.
Therefore:
You may refuse to answer self-incriminating questions.
If you choose to give statements, they must be truthful.
It is best to request a lawyer before answering important questions.
Foreigners also have the right to an interpreter if they do not understand Vietnamese, ensuring proper defense rights and preventing signing documents without understanding them.
The real concern is often not just about the right to remain silent, but:
If I stay silent, will it be seen as resistance?
If I sign the record, will I harm myself?
The answer depends greatly on how you act during the first critical hours.
Under Article 75 of the Criminal Procedure Code, an accused person has the right to defense counsel. For foreigners arrested in Vietnam, this is extremely important.
Under international treaties such as the Vienna Convention on Consular Relations, foreigners also have the right to request notification of their consulate.
Early legal representation can:
Ensure proper interrogation procedures.
Prevent inaccurate recording due to translation issues.
Develop an appropriate defense strategy.
Do not rush to explain everything before fully understanding the accusations or your legal status.
Many foreigners sign documents believing they are mere “administrative procedures.”
In reality, every record, statement, or procedural decision carries legal weight.
If you do not understand Vietnamese:
Request an official interpreter.
Ask to have the document read in your language.
Only sign when you fully understand and agree.
A lawyer can review documents to ensure your rights are protected.
Due to legal and cultural differences, foreigners often feel lost. Having a lawyer is not merely procedural — it is a necessary layer of protection.
A lawyer may:
Attend interrogations.
Request collection of favorable evidence.
File complaints if procedural violations occur.
Advise on the scope of statements.
No lawyer can guarantee “no imprisonment” or “complete exemption from liability.” Each case depends on evidence and legal assessment.
However, proper legal guidance can significantly influence how a case is handled.
Whether foreigners arrested in Vietnam have the right to remain silent is not a simple yes-or-no question. Vietnamese law recognizes the right not to self-incriminate and the right to defense, but these rights must be exercised carefully.
If you or your loved one is:
Summoned by the police
Temporarily detained
Involved in a criminal case in Vietnam
Do not wait until the situation becomes more complicated before seeking legal advice.
Are you facing a similar situation?
Contact DEDICA Law Firm for strategic legal consultation.
Hotline: (+84) 39 969 0012 (WhatsApp, WeChat, Zalo)
Working hours: Monday – Friday (8:30 – 18:00)
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