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In the current context of economic integration and development, Vietnam continues to expand its international relations and market openness. Alongside these opportunities, however, the country is also facing a sensitive issue: foreign nationals trading prohibited goods in Vietnam.
Vietnam adopts a very strict criminal policy toward acts involving prohibited goods—especially manufacturing, trading, transporting, or storing such goods for commercial purposes—as clearly stipulated in the 2015 Criminal Code.
This raises questions of significant concern: What penalties may foreign nationals face if they trade prohibited goods in Vietnam? How does Vietnamese law handle criminal cases involving foreign nationality? Is imprisonment inevitable? During the investigation, what rights do you have, and are there lawful and timely ways to protect yourself?
This article aims to clarify these issues, help readers avoid unnecessary panic, and understand what steps should be taken next. Below is DEDICA’s legal analysis.
The answer is yes. Under the territorial principle of criminal law, any criminal act committed within Vietnamese territory is subject to Vietnamese law, regardless of whether the offender is a Vietnamese citizen or a foreign national. Accordingly, if a foreigner trades prohibited goods in Vietnam, they may still be criminally prosecuted under the Vietnamese Criminal Code, just like any other individual.
When foreign nationals are accused of trading prohibited goods in Vietnam, they often experience fear, confusion, and uncertainty about how the Vietnamese legal system will treat them. Many worry that “being a foreigner means receiving a harsher punishment.”
In reality, Vietnamese criminal law does not discriminate based on nationality, nor does it apply the law mechanically. Each case is assessed based on the specific conduct, the individual’s role, level of participation, and relevant aggravating or mitigating circumstances.
This means that a foreign national trading prohibited goods in Vietnam will be subject to:
Under the 2015 Criminal Code, trading prohibited goods is mainly governed by:
Although foreign nationality does not change the nature of criminal liability, certain limited exceptions do exist. Some foreign nationals may enjoy diplomatic or consular immunity under international treaties to which Vietnam is a party. In such cases, criminal handling cannot be carried out solely under the Criminal Code and must proceed through diplomatic channels.
That said, it should be emphasized that the number of individuals entitled to immunity is extremely limited. The vast majority of foreign nationals trading prohibited goods in Vietnam remain subject to strict criminal liability—often equivalent to, or even more severe than, domestic cases due to organized or transnational elements.
Once it is established that Vietnamese law applies, the next major concern is the level of punishment. In practice, penalty frameworks for trading prohibited goods are highly detailed and strictly categorized, based on the severity and dangerousness of the conduct.
The Criminal Code provides multiple penalty brackets for trading prohibited goods—particularly narcotics—ranging from serious to especially serious offenses. Offenders may face imprisonment from several years up to life imprisonment, and in exceptionally serious cases, the death penalty may be imposed.
Key factors directly affecting sentencing include the type of prohibited goods, quantity, transaction value, scope of operation, and the offender’s role within the criminal network. For foreign nationals, if the conduct is organized or transnational, courts often apply higher penalty brackets.
In addition to imprisonment, offenders may be subject to supplementary penalties, such as fines and confiscation of assets. Notably, for foreign nationals, deportation from Vietnam after serving the prison sentence is commonly applied, leading to long-term legal consequences related to residence and re-entry.
This is a fundamental difference compared to Vietnamese citizens. Deportation not only terminates lawful residence in Vietnam but may also severely affect future opportunities for entry, employment, or investment in the country.
In reality, many foreign nationals become involved in criminal proceedings not due to intentional violations, but because of a lack of legal awareness or being inadvertently drawn into prohibited-goods trading through contracts, investments, or acting as nominees for others. These risks are often hidden yet extremely dangerous.
Practice shows that numerous criminal cases arise from situations where foreigners are persuaded to transport goods, act as transaction intermediaries, or lend bank accounts or warehouses without fully understanding the legal consequences. Once authorities begin an investigation, proving a lack of knowledge or criminal intent is extremely difficult.
As Vietnam’s economy becomes increasingly complex and risk-prone, foreign nationals should exercise heightened caution when engaging in financial transactions or signing contracts. Proactively verifying the legal status of partners, carefully reviewing contractual terms, and consulting a lawyer from the outset are critical measures to prevent and minimize potential legal risks.
In cases involving foreign nationals trading prohibited goods in Vietnam, having a lawyer involved from the earliest stage is crucial. Legal counsel not only helps protect lawful rights, but also assists in clarifying the individual’s role and level of involvement—thereby significantly reducing legal risks and potential penalties.
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