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If a foreigner is invited to work with the Vietnamese police, are they legally required to attend? Could refusing to attend result in penalties, visa complications, or negative impacts on their company? As Vietnam tightens its management of foreign nationals, this question is causing growing concern among expatriates, investors, and foreign business owners who struggle to find clear and reliable answers.
For many foreigners living, working, or investing in Vietnam, receiving an unexpected phone call or written invitation from the police can be unsettling. Even when they believe they have complied with the law, concerns about visa status, work permits, residence cards, or potential effects on their company quickly arise.
In practice, DEDICA Law has assisted numerous foreign directors, investors, and experts who sought legal advice in a state of anxiety simply because they received a “working invitation.” A common issue is misunderstanding the legal nature of such invitations, which often places individuals in a reactive and disadvantaged position.
Under Vietnamese law, a “working invitation” is not a compulsory procedural measure. It is typically used by the police to request cooperation for clarification, verification, or information gathering related to a specific matter. The reasons may vary, from residence and labor compliance issues to business activities involving foreign-invested enterprises.
Importantly, being invited to work with the police does not automatically mean that the individual has violated the law. In many cases, the foreigner is merely a related person or someone with relevant information, not a suspect or defendant.
One of the most significant misunderstandings is equating a working invitation with a summons.
A summons is a formal procedural document issued in accordance with criminal procedure law, requiring mandatory attendance by individuals involved in a criminal case that has already been initiated. If a valid summons is issued, the recipient must comply. Failure to appear without a legitimate reason may result in compulsory escort measures. In certain cases, administrative penalties ranging from VND 2,000,000 to VND 3,000,000 may apply under applicable regulations.
By contrast, a working invitation is a request for cooperation. Legally, it is not mandatory. However, how a foreigner responds can significantly influence how the matter develops later.
This is the key question most clients raise during their first consultation with DEDICA Law. The answer depends on whether the document received is an invitation or a summons, as well as the broader legal context.
If a foreigner receives only a working invitation (not a summons), there is no legal obligation to attend. Failure to appear in such circumstances does not automatically constitute a violation or trigger immediate penalties.
However, ignoring the invitation may prompt authorities to escalate the matter, potentially issuing a formal summons or expanding the scope of verification. At that point, the foreigner may lose the opportunity to proactively clarify the situation and could face a less favorable position.
Therefore, the real question is not simply whether to attend, but how to attend—and with what preparation.
If a foreigner receives a valid summons or an official administrative decision requiring explanation, attendance becomes mandatory. Non-compliance may lead to stricter enforcement measures, including compulsory appearance or additional penalties.
For foreigners, the risks extend beyond administrative fines. Issues may directly affect visa status, temporary residence cards, work permits, or the right to continue working and investing in Vietnam. This is why any interaction with law enforcement authorities must be handled with careful legal consideration.
Under Vietnamese law, foreigners involved in criminal proceedings are guaranteed fundamental rights similar to Vietnamese citizens. These include:
However, these rights are meaningful only if exercised properly and at the right time. In reality, many clients approach DEDICA Law only after attending several working sessions and inadvertently providing statements that may be unfavorable to their position.
One common issue is misunderstanding Vietnamese legal terminology. During questioning, a foreigner may unintentionally provide inaccurate or incomplete responses due to language limitations. This can result in inconsistent statements or unintended admissions.
Signing a written record without fully understanding its contents presents another serious risk. Even a single unclear or incorrectly recorded sentence may have long-term legal consequences for both the individual and their company.
As Vietnam strengthens oversight of foreign labor and foreign-invested enterprises, police working sessions are no longer merely personal matters. What appears to be a minor issue can lead to reviews of work permits, investment registration certificates, or even affect the company’s reputation with business partners and banks.
For this reason, DEDICA Law strongly advises against handling such matters casually or without legal preparation.
Rather than avoiding the situation or reacting emotionally, a strategic and proactive legal approach is essential to protecting one’s rights and business interests.
Upon receiving a working invitation, a foreigner should:
More importantly, consulting a lawyer beforehand helps clarify legal rights, obligations, and the appropriate scope of information to provide.
A lawyer not only provides legal guidance but also ensures that the foreigner maintains a proactive and protected position during discussions with authorities. Legal representation promotes transparency, reduces risks, and prevents misunderstandings.
DEDICA Law, with its experienced team of lawyers specializing in corporate advisory and foreign investment, has successfully supported numerous clients in handling police working sessions without adverse legal consequences.
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