Criminal Accusation in Vietnam: Will It Affect Your Visa or Residence?

Foreign nationals accused of a criminal offense in Vietnam often worry:
Will my visa be canceled? Is my temporary residence card still valid? Could I be banned from leaving Vietnam or deported?
Understanding the law correctly is the first step to protecting your legal rights.

Being accused of a criminal offense in Vietnam: what are foreigners most afraid of?

When a foreign national is suddenly invited by the police for questioning, accused, or even criminally charged in Vietnam, the most common reaction is panic and confusion.

Many DEDICA clients share that they do not fully understand Vietnam’s legal system and face language barriers. As a result, their concerns go far beyond possible criminal liability, including:

• Will my visa or temporary residence card be revoked immediately?
• Will I be banned from leaving Vietnam or have my passport seized?
• Will my lawful employment be affected?
• Does my family abroad need to intervene?

In reality, being accused does not automatically mean your visa or temporary residence card will be canceled. However, this is not a situation to take lightly. Serious legal risks may arise if the matter is handled incorrectly from the very beginning.

Does a criminal accusation automatically affect a foreigner’s visa or temporary residence card?

Not every criminal accusation results in visa or residence cancellation

Under current Vietnamese law, a criminal accusation does not automatically strip a foreigner of their lawful residence status.

It is important to distinguish between different legal stages:

• Being accused or reported for a crime
• Being invited to work with the police for verification
• Being formally charged as a criminal suspect
• Being subject to preventive measures (detention, travel restrictions, exit ban, etc.)

Only when a formal procedural decision is issued by competent authorities, or when immigration authorities receive an official request, may a visa or temporary residence card be reviewed or affected.

What legal grounds may lead to visa or temporary residence card revocation?

Under the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (as most recently amended), visas and temporary residence cards may be canceled or revoked in certain circumstances, such as:

• The foreigner is deported pursuant to a court judgment or decision
• The foreigner seriously violates Vietnamese law
• A decision is issued by a competent authority for reasons related to national security or public order

However, Vietnamese law does not state that a mere criminal accusation automatically leads to visa cancellation.
Whether such measures apply depends heavily on the progress of the criminal proceedings and how the foreigner cooperates with authorities.

Can a foreigner under criminal investigation be banned from leaving Vietnam?

Exit bans are common but not automatic

One of the biggest fears is: “Will I still be able to return to my home country?”

Under the Criminal Procedure Code, an exit ban is a preventive measure, applied only when:

• The person is involved in a criminal case, and
• Leaving Vietnam may obstruct investigation, prosecution, or trial

This means not every foreigner under investigation is automatically banned from exiting Vietnam.
 However, in practice, the risk is significantly higher if no lawyer is involved at an early stage.

Many clients contact DEDICA only after their passport has been seized or an exit ban imposed - at that point, legal options become much more limited.

Why can’t I leave Vietnam even though my visa is still valid?

This is a common misunderstanding.

A visa or temporary residence card confirms the right to stay, not an unconditional right to exit Vietnam.
If a lawful exit ban is in place, a foreigner cannot leave Vietnam even if their visa remains valid.

In which cases may a foreigner face deportation?

Deportation is not an automatic penalty

Under Vietnamese law, deportation may be imposed as:

• A principal criminal penalty, or
• An additional penalty in a criminal judgment

However, not every criminal case results in deportation. Authorities consider factors such as:

• The nature and severity of the offense
• The foreigner’s personal background
• Their level of cooperation during proceedings
• Mitigating circumstances

In practice, early involvement of an experienced lawyer can help reduce the risk of deportation, although no outcome can ever be guaranteed.

(Legal disclaimer: the legal analysis in this article is for reference only. Each case is assessed based on its specific circumstances.)

What should a foreigner do immediately after being accused or summoned in a criminal matter?

Do not underestimate the situation - and do not handle it alone

The most common mistakes DEDICA encounters include:

• Meeting the police without a lawyer
• Signing records without fully understanding their content
• Providing uncontrolled statements due to stress or fear

These actions can seriously affect both the criminal case and the individual’s immigration status.

How can a lawyer assist at an early stage?

A criminal lawyer experienced in representing foreign nationals can:

• Clearly explain rights and obligations in understandable language
• Accompany clients during meetings with investigators
• Assess risks related to visa status, residence cards, and exit bans
• Liaise with immigration authorities when necessary
• Protect the lawful rights of foreign suspects or foreign victims

When should you contact a lawyer to avoid visa or residence issues?

The short answer: as early as possible.

You should seek legal advice immediately if you:

• Receive a police summons or invitation
• Are accused of conduct with criminal implications
• Are concerned about exit bans or visa cancellation
• Have a family member or friend who is a foreigner under investigation

Seeking legal advice early does not make you “more guilty.” On the contrary, it helps you understand your rights and avoid unnecessary legal risks.

Conclusion: being criminally accused does not mean losing your visa but it should never be taken lightly

A foreign national accused or investigated in a criminal case in Vietnam does not automatically lose their visa or temporary residence card. However, every legal development thereafter may directly affect the right to stay and exit Vietnam.

The most important thing is not panic but choosing the correct legal approach from the very beginning.

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