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When being invited by Vietnamese police for questioning or placed under investigation, many foreigners feel anxious upon being asked to surrender their passport. Common concerns include: Am I banned from leaving Vietnam? Could I be detained? Is it illegal if I refuse to hand over my passport?
This article aims to provide a clear, accurate, and practical understanding of passport surrender obligations during criminal investigations in Vietnam, while also guiding you on how to respond appropriately to protect your lawful rights and interests.
Disclaimer: The information below is for general legal reference only and does not replace case-specific legal advice.
In our practical experience advising foreigners involved in criminal matters in Vietnam, we find that the greatest fear is often not the case itself, but the feeling of losing control—having one’s passport retained without knowing why, for how long, or whether refusal is even possible.
Before answering the question “Is it mandatory?”, it is crucial to understand that not every person invited for questioning or under investigation is required to surrender their passport. The obligation depends on your procedural status and a lawful decision issued by a competent authority.
Under the Vietnamese Criminal Procedure Code 2015 (currently in force), a foreigner’s passport may be temporarily retained only in specific circumstances, usually as a preventive or security measure to support the investigation.
If you are officially identified as a suspect or defendant in a criminal case, the competent authorities may impose certain preventive measures, such as:
Prohibition from leaving one’s place of residence
Temporary exit ban
Temporary seizure of exit and entry documents (including passports)
These measures are intended to prevent flight and ensure your availability for investigative procedures.
In such cases, surrendering your passport is a legal obligation, provided there is a valid written decision issued in accordance with the law.
Many foreigners are not formally charged and may only be classified as:
A person invited for questioning
A person with related rights and obligations
A witness
A victim
In these situations, investigation authorities are not allowed to arbitrarily request passport surrender, unless there is a clear legal basis and a decision issued by a competent authority.
This is a critical point that many foreigners are unaware of, leading them to voluntarily surrender their passport without fully understanding their rights.
If the request is made verbally, without presenting a written decision on temporary seizure, exit suspension, or application of preventive measures, you are fully entitled to:
Ask for clarification of the legal basis
Request that the request be recorded in official minutes
Request to consult a lawyer before surrendering your passport
Politely but firmly requesting legal grounds is not obstruction—it is the exercise of your lawful rights.
If a lawful decision has been issued, failure to comply may be considered non-cooperation with procedural authorities. However, even in this case, you still have the right to:
Receive a copy of the decision
Be informed of the duration of passport retention
Request documentation of the passport’s condition upon surrender
Engage a lawyer to monitor the process and submit petitions if necessary
Out of fear, many individuals surrender their passport immediately and later face issues such as:
Prolonged passport retention with no clear deadline
Inability to leave Vietnam for work or family reasons
Uncertainty about their procedural status
Limited access to case-related information
On the other hand, refusing improperly may cause authorities to view you as uncooperative, potentially creating psychological or procedural disadvantages during the investigation.
The real issue is not whether you surrender the passport, but how, under what legal basis, and whether your rights are being properly protected.
In cases handled by DEDICA Law, our lawyers typically assist foreign clients in the following ways:
Lawyers assess:
Your current procedural status
Which authority issued the request
Whether the decision is lawful in terms of jurisdiction and form
In many cases, passport retention is unnecessary and can be challenged or adjusted through legal petitions.
A lawyer may:
Propose less restrictive alternative measures
Request a specific and reasonable time limit for passport retention
Ensure you are fully informed of your rights and obligations
This is especially important for foreigners with jobs, families, or international obligations.
If you are a foreigner under investigation in Vietnam—or your family member is facing a similar issue—do not rely on assumptions or hearsay. Each case has its own context, and a single misstep at the wrong time can have long-term consequences.
Are you facing a similar issue?
Contact DEDICA Law Firm for strategic, cautious, and legally compliant advice tailored to your specific circumstances.
📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)
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