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Vietnam is home to a growing number of foreign professionals, investors, entrepreneurs, and expatriates. While most foreigners comply with local laws, some unexpectedly find themselves named in a criminal complaint or accusation—often arising from business disputes, employment issues, or personal conflicts.
A common and urgent question is:
If a foreigner is reported or accused in a criminal case in Vietnam, what should they do?
The way a foreign individual or foreign-owned business responds in the early stage of a criminal complaint can significantly affect the outcome.
Being “reported” or “accused” does not automatically mean arrest or prosecution.
Under Vietnamese law, a criminal complaint may lead to:
Preliminary verification
Formal investigation
Suspension or dismissal of the case
At the early stage, authorities are primarily determining whether criminal elements exist.
Many foreigners panic unnecessarily, while others underestimate the seriousness—both reactions can be dangerous.
Yes.
Foreigners in Vietnam are subject to Vietnamese criminal law for acts committed in Vietnam. Citizenship does not provide immunity.
However, foreigners also have legal rights, including:
The right to legal representation
The right to remain silent on certain matters
The right to understand procedures and allegations
The challenge is that these rights are often misunderstood or underused.
Foreigners are frequently accused in cases involving:
Business or investment disputes
Alleged fraud or misrepresentation
Debt-related conflicts escalating into criminal complaints
Labor or employment disputes
Personal disputes involving money or assets
In many cases, the core issue is whether the matter is truly criminal or merely civil.
One of the most serious mistakes foreigners make is:
Ignoring notices from authorities
Delaying responses
Leaving Vietnam abruptly without advice
These actions may be interpreted as non-cooperation or flight risk, increasing the likelihood of restrictive measures such as travel bans.
Early engagement—with legal guidance—is critical.
Foreigners may be involved in criminal cases as:
A witness
A person related to the case
A suspect or accused
Each status carries different rights and obligations.
Without clarification, foreigners may unknowingly:
Provide self-incriminating statements
Waive procedural protections
Misunderstand the seriousness of the case
Legal counsel helps determine where you stand.
Many foreigners attempt to:
Explain matters directly to investigators
Negotiate informally with the complainant
Settle disputes without legal structure
While well-intentioned, these actions may:
Be misunderstood
Be recorded improperly
Escalate the situation
All communication should be carefully planned and legally reviewed.
Vietnamese authorities rely heavily on documents and records.
Foreigners should:
Secure contracts, emails, payment records, and messages
Avoid deleting or altering data
Maintain consistent documentation
Inconsistencies or missing records often raise suspicion, even when no crime was intended.
Yes, many criminal complaints are dismissed at the verification stage if:
No criminal intent is proven
The dispute is civil in nature
Evidence is insufficient
However, dismissal often depends on:
How early the case is addressed
The quality of legal arguments
The clarity of evidence presented
Waiting passively reduces the chance of early resolution.
Even without arrest, foreigners under criminal scrutiny may face:
Exit bans
Visa or residence complications
Delays in work permit renewals
These consequences can seriously disrupt personal life and business operations.
Legal planning should include immigration risk management, not just criminal defense.
Yes.
If a foreigner is:
A director
A legal representative
A key shareholder
The company may face:
Operational disruptions
Banking difficulties
Reputational harm
Separating individual liability from corporate exposure is a critical legal task.
Vietnamese criminal procedures move quickly and are highly procedural.
Without legal support, foreigners may:
Miss critical deadlines
Make harmful statements
Lose strategic options
Early legal advice helps:
Frame the issue correctly
Reduce escalation
Protect both personal and business interests
Criminal matters involving foreigners require lawyers who:
Understand Vietnamese criminal procedure
Communicate fluently in English and other languages
Understand international business and cultural context
Can coordinate with foreign stakeholders or counsel
Not all law firms are equipped for this.
DEDICA provides legal services for foreign individuals and foreign-owned businesses in Vietnam, including cases involving criminal complaints, investigations, and related disputes.
DEDICA assists clients by:
Assessing whether a case is criminal or civil in nature
Advising on legal status and procedural rights
Representing clients during investigations
Managing immigration and travel-related risks
Communicating clearly with international clients throughout the process
DEDICA focuses on early intervention, legal clarity, and risk containment.
Being accused or reported in a criminal case in Vietnam is a serious matter—but it does not automatically mean guilt or prosecution.
For foreign individuals and businesses, the key is:
Acting early
Understanding legal status
Avoiding unadvised actions
Seeking professional legal guidance
With the right strategy and experienced legal support, many criminal complaints can be resolved or contained without long-term consequences.
📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)
🕒 Working Hours: Monday – Friday (8:30 – 18:00)
Contact us today for a free initial consultation with our experienced lawyers!
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