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Foreigners accused of fraud or property appropriation in Vietnam often feel anxious when they suddenly receive a summons from the police. Language barriers, differences in legal systems, and the risk of exit bans or criminal investigation can leave many people unsure how to respond.
However, being accused does not automatically mean someone is guilty. Vietnamese law still guarantees important procedural rights for individuals involved in criminal proceedings.
So in such situations, what legal process may foreigners face and what should they do to protect their rights?
Under Vietnam’s criminal law system, fraud and appropriation of property are regulated under Article 174 of the Criminal Code 2015 (amended in 2017).
According to this provision, any person who uses deceptive methods to appropriate another person’s property may face criminal liability depending on the value of the property and the seriousness of the conduct.
For foreigners, the general principle of Vietnamese law is:
Any person committing a criminal act within the territory of Vietnam may be handled under Vietnamese law.
This means that if the alleged fraudulent act occurs in Vietnam, Vietnamese investigative authorities have jurisdiction to investigate and handle the case in accordance with Vietnamese law.
However, determining whether a crime has occurred must go through a strict legal process including investigation, prosecution, and trial.
Not every financial dispute is considered fraud.
In practice, many cases initially reported as fraud are later determined to be civil disputes or contractual disputes.
To constitute the crime of fraud and property appropriation, investigators usually examine the following factors:
Whether there was deceptive conduct from the beginning
Whether the deception caused the victim to transfer property
Whether the accused had the intention to appropriate property
The value of the property involved
If one of these elements cannot be proven, the case may be treated differently, such as a civil or commercial dispute.
Under Article 174 of the Criminal Code, penalties for fraud depend on the value of the property and the nature of the offense.
Typical penalty ranges include:
Non-custodial reform or imprisonment from 6 months to 3 years if the property value is from 2 million VND or more
2 to 7 years imprisonment in cases with aggravating circumstances
7 to 15 years imprisonment or higher in serious cases
In addition to the main penalty, offenders may also be required to:
compensate victims for damages
pay additional fines
be deported from Vietnam in certain cases
However, the specific sentence depends on many factors, including mitigating circumstances, the role of the accused, and the court’s judgment.
When a foreigner is accused of fraud in Vietnam, the case often goes through several procedural stages.
Understanding these stages helps individuals know their position in the legal process and prepare accordingly.
Many cases begin with a summons from the police.
At this stage, foreigners may:
be invited to provide statements
submit documents or explanations regarding financial transactions
clarify their relationship with the complainant
This is a crucial stage because initial statements may significantly affect the later investigation.
In many cases, without understanding Vietnamese law or due to language barriers, foreigners may unintentionally provide information that is unfavorable to themselves.
Depending on the case, investigative authorities may apply certain measures such as:
exit bans
temporary detention or custody
searches of residence or seizure of documents
freezing related bank accounts
These measures must comply with the Vietnamese Criminal Procedure Code and require legal grounds.
In practice, many foreigners only realize the seriousness of the case when they are prevented from leaving Vietnam or formally prosecuted.
Vietnamese law guarantees several fundamental rights for accused individuals, including:
the right to have a defense lawyer
the right to an interpreter if they do not understand Vietnamese
the right to present statements and evidence
the right to complain about procedural decisions
Having a lawyer involved early often helps ensure these rights are properly protected.
In legal practice, many international clients initially underestimate legal risks when doing business in Vietnam.
Especially in sectors such as investment, brokerage, e-commerce, or business cooperation, some financial transactions may be misunderstood as fraudulent appropriation.
One of the biggest difficulties for foreigners is:
not understanding Vietnamese legal regulations
unfamiliarity with criminal investigation procedures
difficulty communicating with authorities
This sometimes leads to inappropriate responses when dealing with investigators.
For example:
providing inaccurate information
signing documents without fully understanding them
not knowing the right to request a lawyer
Another common issue is the confusion between contract disputes and criminal offenses.
In many cases, business disputes may be reported as criminal fraud in order to create pressure on the other party.
Therefore, correctly assessing the nature of the case from the beginning is extremely important.
When facing a criminal case in Vietnam, the most important thing is to remain calm and adopt an appropriate legal strategy.
Not every accusation leads to prosecution or conviction. However, handling the situation incorrectly at the beginning can make matters more complicated.
In many cases, having a lawyer involved early can help:
assess the legal nature of the case
determine whether it is a civil dispute or criminal case
prepare necessary documents and evidence
assist when working with investigative authorities
For foreigners in particular, lawyers also serve as a legal and language bridge to ensure communication with authorities is clear and transparent.
Every criminal case has its own circumstances.
Legal strategies may include:
collecting evidence to prove legitimate transactions
clarifying the purpose and context of transactions
negotiating or resolving civil damages if necessary
preparing defense strategies during criminal proceedings
A comprehensive review of the case file is often essential to determine the appropriate approach and minimize legal risks.
If you or your relatives are:
invited by the police for questioning
accused of fraud or property appropriation in Vietnam
involved in a criminal case in Vietnam
the most important thing is not to panic or handle the matter alone.
Every legal decision—from initial statements to document submissions—can significantly affect the entire case.
Note: This article is for general legal information only and does not constitute legal advice for a specific case. Each case has unique circumstances and should be evaluated by a lawyer based on the actual case file.
DEDICA is a professional law firm in Ho Chi Minh City with a team of experienced and reputable lawyers.
We regularly:
provide legal advice for foreigners in Vietnam
participate in criminal defense cases
protect the rights of foreign victims in criminal proceedings
DEDICA understands the difficulties international clients face when dealing with the Vietnamese legal system—from language barriers to differences in legal procedures.
Therefore, we always aim to provide clear, transparent, and practical legal solutions tailored to each situation.
Facing a similar situation?
Contact DEDICA Law Firm for professional legal consultation.
📞 Hotline: (+84) 39 969 0012 (WhatsApp / WeChat / Zalo)
🕒 Working hours: Monday – Friday (8:30 – 18:00)
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