Can a Foreigner Under Criminal Investigation Leave Vietnam for Emergency Reasons?

Foreigners who are under criminal investigation in Vietnam often experience extreme anxiety:
Will I be banned from leaving the country? Can I return to my home country if my family faces an emergency, an accident, or a serious illness?

This article helps you understand the current legal regulations, identify potential legal risks, and determine when it may still be possible to lawfully request permission to leave Vietnam – and when it may not.

Are Foreigners Under Criminal Investigation Subject to Exit Bans?

At the stage of being invited by the police for questioning, having a case initiated, being charged as a suspect, or being under investigation, many foreigners believe:

“I have not been convicted, so I should still be able to leave Vietnam.”

In reality, it is not that simple.

According to the 2015 Criminal Procedure Code (as amended in 2021) and the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, competent authorities have the right to impose an exit ban on individuals who:

• Have been formally charged as criminal suspects;

• Are under investigation for acts showing signs of a criminal offense;

• Are considered likely to obstruct investigation, prosecution, or trial if they leave the country.

In other words, once a lawful exit ban is imposed, you are not allowed to leave Vietnam, even if you have not been tried or convicted.

Note: An exit ban does not mean that the person is certainly guilty. It is a procedural measure intended to ensure the investigation process.

In What Cases Can a Foreigner Apply for Emergency Exit Permission?

In criminal proceedings, it is not uncommon for urgent exit needs to arise due to family emergencies or humanitarian reasons abroad, causing significant concern about the possibility of legally leaving Vietnam.

Does the Law Allow Temporary Exit Permission?

The answer is: possibly – but not automatically.

Under Article 124 of the Criminal Procedure Code, in certain exceptional cases, the authority that issued the exit ban may consider allowing temporary exit, provided that:

• There is a legitimate, urgent, or humanitarian reason;

• The exit does not adversely affect the investigation;

• Appropriate guarantees are provided (financial deposit, bail, commitment to return, etc.).

However, approval entirely depends on the discretion of the competent authority. There is no rule that meeting conditions guarantees permission to leave.

Common Emergency Reasons That May Be Considered

In practice, the following reasons may be considered if the legal dossier is properly prepared:

• Parent, spouse, or child is critically ill or has passed away;

• The investigated person requires urgent medical treatment abroad;

• Non-deferrable humanitarian obligations.

It must be emphasized that an emergency reason does not guarantee approval, especially in serious cases or where there is a high risk of absconding.

Why Are Many Emergency Exit Requests Rejected?

Many foreigners submit exit requests only to have them denied, sometimes without clear explanations. Common reasons include:

Inappropriate Timing

• The case is at a critical investigation stage;

• Statements, confrontations, or procedural steps are incomplete;

• Procedural obligations have not been fully fulfilled.

Weak Legal Documentation

• Requests focus only on personal or emotional reasons;

• No legal grounds are cited;

• No concrete plan or guarantee for returning to Vietnam.

High Risk of Flight

If authorities assess that:

• The potential penalty is severe;

• The foreigner lacks stable residence or assets in Vietnam;

• There is no credible guarantor or legal counsel;

The likelihood of rejection is very high.

The Role of Lawyers in Emergency Exit Applications

This is a critical aspect that is often underestimated.

A criminal defense lawyer experienced in handling cases involving foreigners does more than simply “submit an application.” They must:

Accurately Assess Legal Status

• Is the person a related party, accused individual, or criminal suspect?

• Has an exit ban been formally imposed?

• Which authority has jurisdiction?

Prepare a Legally Sound Application

The dossier should include:

• Clear and well-founded legal arguments;

• Evidence of the emergency (medical certificates, family confirmation, etc.);

• A written commitment to return to Vietnam on time;

• Proposed appropriate guarantees.

Directly Communicate with Authorities

In many cases, direct professional communication by a lawyer helps authorities understand the individual’s cooperation, increasing the chance of consideration.

Each case has its own characteristics. Lawyers cannot and must not guarantee outcomes, but can only assess possibilities and propose appropriate legal strategies.

What Should Family Members Do in This Situation?

If you are:

• A spouse, partner, friend;

• A business partner or family member of a foreigner under investigation in Vietnam;

Avoid common mistakes such as:

• Purchasing flight tickets without permission;

• Seeking informal or unofficial intervention;

• Providing inconsistent information.

Instead, you should:

1. Clearly verify the current legal status;

2. Gather documents proving the emergency;

3. Consult a criminal lawyer experienced in cases involving foreigners as early as possible.

If you or your loved one are confused, frightened, or unsure whether you are “stuck in Vietnam,” early legal consultation is the safest step.

Facing a Similar Situation?

Contact DEDICA Law Firm for legal consultation and a strategy tailored to your specific circumstances.

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