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Foreigners accused of misappropriating deposit money in Vietnam may sometimes face not only a civil dispute but also the risk of criminal investigation by the police. In practice, many deposit transactions such as property purchases, house rentals, or business cooperation initially proceed normally. However, once conflicts arise, one party may file a complaint alleging property misappropriation.
When the matter is transferred to verification or investigation procedures, many foreigners feel anxious and unsure how to respond. So in cases where a foreigner is accused of taking deposit money in Vietnam, can they be subject to criminal liability?
Under Vietnamese law, a deposit is a measure to secure the performance of obligations under Article 328 of the 2015 Civil Code. In principle, if one party breaches the agreement, the deposit may be forfeited or returned with compensation depending on the contract terms.
Therefore, most disputes involving deposits are civil disputes.
However, in certain situations, authorities may consider signs of property appropriation crimes under the 2015 Criminal Code (amended 2017).
Under Article 174 of the Criminal Code, fraud occurs when a person uses deceptive methods to appropriate another person's property.
In deposit transactions, investigators often examine factors such as:
whether the person receiving the deposit provided false information to obtain the money
whether the recipient lacked the ability to perform the transaction from the beginning
whether the property or project presented did not exist or did not belong to the recipient
Common examples include:
receiving a deposit to sell a house without being the owner
receiving deposits for a non-existent investment project
using false information to gain trust and take the money
In such situations, a civil dispute may be transferred into a criminal investigation.
Another charge that may apply is abuse of trust to appropriate property, provided in Article 175 of the Criminal Code.
This offense usually occurs when:
the initial receipt of money was lawful
but later the recipient intentionally fails to fulfill obligations and appropriates the money
Examples include:
receiving a deposit for business cooperation but using the money for other purposes and then disappearing
receiving a deposit and deliberately refusing to return it despite having the obligation to do so
Authorities will assess the intention and actual behavior of the recipient, not merely the existence of a dispute.
Many foreigners are unaware that most deposit disputes in Vietnam are resolved through civil procedures.
A criminal complaint filed by one party does not automatically mean the other party has committed a crime.
Investigators must assess many factors, including:
the content of the deposit agreement
the transaction process between the parties
evidence indicating intent to appropriate property
the ability of the recipient to perform obligations
If the case only involves:
breach of contract
misunderstandings in transactions
changes in conditions for contract performance
it is usually considered a civil dispute rather than a criminal offense.
However, if the complainant provides evidence suggesting misappropriation, the police may still invite the parties to work with them for verification.
If you are a foreigner and receive an invitation to work with the police, the most important thing is to remain calm and prepare properly.
Important documents may include:
deposit contracts or transaction agreements
messages and emails exchanged between the parties
bank transfer records
documents proving ownership of assets
materials showing your intention to fulfill the transaction
These documents help investigators understand that the transaction is real and legitimate, rather than deceptive.
Many foreigners when invited by authorities may:
respond emotionally
misunderstand legal questions
sign statements without carefully reviewing them
This can sometimes lead to misunderstandings in the case file.
In cases involving potential criminal issues, having a lawyer advise or accompany you early can help:
explain the context of the transaction clearly
reduce legal risks
ensure your rights are respected under Vietnamese law.
When foreigners are accused of misappropriating deposits, cases often involve complexities such as:
language differences
different business cultures
differences between legal systems
Lawyers can assist in many stages, including:
advising before working with investigators
protecting rights during investigation procedures
collecting and analyzing transaction evidence
assisting with negotiation or dispute resolution
Early legal involvement often helps determine the true nature of the case — whether it is a civil dispute or contains criminal elements.
However, each case has different circumstances and evidence, so outcomes may vary. Lawyers cannot guarantee specific results but can help reduce legal risks and protect legitimate rights.
Are you facing a similar situation?
Contact DEDICA Law Firm for appropriate legal advice and strategy.
📞 Hotline: (+84) 39 969 0012 (WhatsApp / WeChat / Zalo)
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Contact us now to receive a free initial consultation from our professional legal team.
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