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Foreigners suspected of investment fraud in Vietnam often worry about being investigated, temporarily detained, or even facing criminal charges. How does the legal process actually work? When should a lawyer be involved?
When a foreign individual is accused or suspected of being involved in investment fraud in Vietnam, the authorities will conduct verification and investigation procedures in accordance with the Vietnam Criminal Procedure Code 2015 (as amended and supplemented) and other relevant regulations.
Many foreigners feel confused or anxious when they receive an invitation to work with the police or when they are asked to provide information about their investment activities. Some may fear that being accused automatically means they will be arrested immediately.
However, in reality, Vietnamese law establishes a relatively strict investigation process with several verification stages before a criminal case can be officially initiated.
Understanding this process can help foreigners remain calm and recognize when it is necessary to seek legal assistance to protect their lawful rights and interests.
Most cases begin when the police or investigation authorities receive a report or complaint about a potential crime related to investment activities.
Under the Vietnam Criminal Procedure Code, information about a potential crime may come from various sources, such as:
After receiving such information, the investigation authority will conduct an initial verification process.
At this stage, foreigners may receive:
It is important to understand that:
Receiving an invitation to work with the authorities does not necessarily mean you have been charged or considered guilty of a crime.
At this stage, investigators are primarily collecting information to determine whether there are signs of a criminal offense.
According to Vietnamese law, the time limit for verifying crime reports is generally 20 days. However, in complex cases—especially those involving investment activities or foreign elements—this period may be extended up to two months.
After the verification stage, if the investigation authority finds sufficient indications of a criminal offense, it may issue decisions to:
In cases involving alleged fraudulent appropriation of property through investment schemes, investigators often examine provisions under the Vietnam Criminal Code 2015 (amended in 2017).
This law regulates the offense of fraudulent appropriation of property, which generally applies when there are signs that a person:
However, in practice, not every investment dispute constitutes a criminal offense.
Many cases may simply involve:
For this reason, distinguishing between a civil–commercial dispute and a criminal act is a crucial part of the investigation process.
Once a criminal case has been initiated, the investigation authority may apply certain procedural measures in accordance with Vietnamese law.
Depending on the specific circumstances, a foreign individual may experience different steps during the investigation process.
In many situations, foreigners may be summoned by the investigation authority to:
Authorities may request documents such as:
If the investment activities involve multiple jurisdictions or cross-border financial transactions, the investigation process may take longer because authorities may need to verify documents from foreign sources.
At this stage, the involvement of a lawyer can help:
This is particularly important for individuals who are unfamiliar with Vietnam’s legal system.
In certain situations, investigation authorities may apply preventive measures under the Vietnam Criminal Procedure Code.
These measures may include:
For foreigners, temporary exit bans are relatively common when authorities need to ensure that the individual remains in Vietnam during the investigation process.
However, the application of these measures must follow strict legal procedures and be approved by competent authorities.
In some cases, investigators may also:
These actions are generally intended to preserve evidence for the investigation.
When receiving a police invitation or learning that they are under investigation, many foreigners may feel panicked or unsure how to respond.
In reality, the way a person reacts in the early stages can significantly affect how the situation develops later.
Under Vietnamese law, individuals under investigation or involved in criminal proceedings have several important rights, such as:
For foreigners, additional rights may include:
Understanding these rights can help ensure that you do not face the investigation process in a passive or disadvantaged position.
Investment-related cases often involve complex financial structures and multiple transactions.
Without proper preparation, legitimate business transactions may sometimes be misinterpreted as deceptive conduct.
A lawyer can assist with:
It is important to emphasize that:
Each case has its own factual background and evidence, and the legal outcome depends on many specific factors.
Therefore, seeking legal advice early can help individuals properly assess legal risks and choose the most appropriate strategy.
In practice, many foreigners in Vietnam encounter legal difficulties simply because they do not fully understand the criminal investigation process or respond incorrectly when contacted by authorities.
DEDICA is a law firm based in Ho Chi Minh City, with lawyers who have worked at international law firms and multinational corporations. We frequently advise, protect the rights of, and represent foreign clients in criminal cases or investment-related disputes in Vietnam.
Having a lawyer involved from the early stages can help you:
If you or someone close to you is facing a similar situation, seeking legal advice as early as possible is an important step in protecting your legal rights and interests.
📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)
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Contact us today for a free initial consultation with our experienced lawyers!
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