Is it illegal to have a foreigner’s passport or documents held in Vietnam?

Is it a violation of the law if a foreigner’s passport is being held in Vietnam?
Do the police, an employer, or any other individual have the right to keep your passport or personal documents?
When you are being invited to work with authorities or are involved in a criminal case, understanding your legal rights is the most important way to avoid panic and unnecessary legal risks.

Foreigners having their passports held in Vietnam – why is this such a common fear?

Many foreigners seek legal advice in a state of anxiety when they encounter what seems like a “minor” issue but causes significant psychological pressure: having their passport or personal documents held in Vietnam.

Common questions include:

• “Does this mean I’m about to be arrested?”

• “Am I banned from leaving Vietnam?”

• “If I don’t have my passport, can I be forced to stay in Vietnam indefinitely?”

In reality, not every case of holding a passport is illegal, but not everyone has the authority to do so.
Misunderstanding the legal nature of the situation may cause foreigners to:

• Panic unnecessarily

• React improperly when dealing with authorities

• Or, conversely, accept an unlawful act without knowing how to protect themselves

To avoid these risks, it is essential to first understand what Vietnamese law actually provides.

How are foreigners’ passports protected under Vietnamese law?

Under current Vietnamese law, a foreigner’s passport is a particularly important personal identification document, closely connected to the right to:

• Exit and enter the country

• Lawfully reside in Vietnam

• Receive consular protection under international treaties

The Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam sets out a general principle:

No individual or organization may arbitrarily hold a foreigner’s passport without clear legal grounds.

In other words, holding a passport is only lawful when it is done by the right authority, for a legitimate reason, and following proper legal procedures.

Common misconceptions that cause unnecessary fear among foreigners

Many foreigners worry due to misunderstandings such as:

• “If my passport is held, I must definitely be banned from leaving Vietnam.”

• “If the police hold my passport, it means I have committed a crime.”

• “Without a passport, I have no rights anymore.”

In fact, holding a passport does not automatically mean a criminal conclusion, nor does it always mean an exit ban.
Any legal assessment must be based on the specific circumstances of each case.

When is holding a foreigner’s passport lawful under Vietnamese law?

This is the most critical part—and also the most easily misunderstood if one relies only on hearsay.

Vietnamese law does not absolutely prohibit holding a foreigner’s passport. However, it is only lawful in certain circumstances, mainly related to criminal proceedings and immigration control.

When procedural authorities may hold a passport in a criminal case

Under the Criminal Procedure Code, during investigation, prosecution, or trial, investigation authorities, procuracies, or courts may apply measures to ensure the presence of relevant individuals.

In certain cases, a foreigner’s passport may be held when:

• The person has been formally charged as a suspect

• Preventive measures are applied, such as prohibition from leaving the place of residence or temporary exit suspension

• Holding the passport is necessary for the investigation process

However, it is crucial to note that:

• There must be specific legal grounds

• The measure is usually reflected in a valid written decision

• The foreigner has the right to be informed of the reasons and scope of the measure

If these elements are missing, the act of holding the passport may raise legal concerns.

(Note: This information is for general legal reference only and does not constitute a conclusion on the legality of any specific case.)

Can a foreigner who is only “invited to work” have their passport held?

This situation occurs very frequently and causes many doubts.

In principle, if a foreigner:

• Is only invited to work as a witness or related person

• Has not been charged

• Is not subject to any preventive measures

👉 then holding the passport is not always appropriate and must be considered very carefully.

In practice, passports may sometimes be temporarily held to:

• Verify identity

• Ensure cooperation during the working process

However, each case must be assessed individually, and foreigners should not automatically assume that such actions are always lawful.

Unlawful passport holding and safe guidance for foreigners

Besides lawful cases, there are many instances in practice where passports are held without proper authority, especially in labor and civil relationships.

Is it illegal for an employer or individual to hold a foreigner’s passport?

The answer is: there are signs of illegality.

Vietnamese law does not allow:

• Employers to hold passports to “prevent employees from leaving the job”

• Holding documents to exert pressure in contract disputes

• Individuals or civil organizations holding passports as “security”

Such acts may be considered:

• Infringements of personal rights

• Unlawful restrictions on freedom of movement

In serious cases, other legal liabilities may also arise.

What should foreigners do to protect their lawful rights?

When facing a situation where a passport is held, the most important thing is not to react emotionally.

Lawyers often recommend:

• Clearly identifying who is holding the passport and on what legal basis

• Requesting clarification of one’s legal status in the case

• Avoiding signing documents or giving statements without understanding the legal consequences

• Seeking assistance from a lawyer experienced in cases involving foreigners

Early legal support helps to:

• Properly assess risks

• Minimize mistakes when working with authorities

• Protect lawful rights in accordance with Vietnamese law

DEDICA – legal companion for foreigners in Vietnam

DEDICA Law is a law firm based in Ho Chi Minh City, regularly providing legal advice and legal representation for:

• Foreigners under investigation or involved in criminal cases in Vietnam

• Foreigners who are victims in criminal cases

• Families of foreigners working with Vietnamese authorities

DEDICA does not guarantee case outcomes, but focuses on:

• Realistic legal risk assessment

• Appropriate legal strategies

• Accompanying clients through each critical legal stage

Are you facing a similar situation?

If you or your loved one is a foreigner who:

• Has had a passport or documents held in Vietnam

• Has been invited to work with the police

• Is involved in a criminal case

👉 Contact DEDICA Law Firm for in-depth legal consultation.

📞 Hotline: (+84) 39 969 0012 (WhatsApp, WeChat, Zalo available)
🕒 Working hours: Monday – Friday (8:30 AM – 6:00 PM)
📩 Contact us now for a free initial consultation with our professional lawyers.