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How are foreigners penalized for trading smuggled goods in Vietnam? Can they face criminal prosecution? Is deportation possible? If you or your loved one is under investigation, this article will help you understand the legal framework and identify a safe and appropriate course of action.
Being summoned by the police, subject to a search, or temporarily detained in connection with trading smuggled goods in Vietnam can be a major shock for any foreigner. The immediate concerns are often: “Will I go to prison?”, “Will I be deported?”, “Can I continue living and working in Vietnam?”
In practice, DEDICA Law has advised and defended many foreign clients involved in criminal cases in Vietnam — from the initial investigation stage until final resolution. At this point, the most important thing is not panic, but a proper understanding of Vietnamese law and a well-prepared legal strategy.
First, it must be clarified that foreigners who commit crimes within Vietnamese territory are subject to criminal liability under Vietnamese law. There is no distinction based on nationality when handling criminal offenses.
However, in certain circumstances, nationality may affect additional measures such as deportation.
Under the 2015 Criminal Code of Vietnam (as amended in 2017), smuggling includes the illegal trading of goods across borders or from non-tariff zones into the domestic market where such goods require permits or are subject to taxes but are not properly declared or paid.
In practice, investigating authorities typically consider:
If the value of the goods is VND 100 million or more (or lower but the offender has previously been administratively sanctioned for similar conduct), criminal prosecution may be initiated.
This means not all cases of trading smuggled goods automatically lead to criminal charges. In certain situations, administrative penalties may apply under Decree 98/2020/ND-CP (as amended).
Depending on the value of goods and specific case circumstances, penalties for individuals may include:
For foreigners, deportation may be imposed as either a principal or additional penalty under Article 37 of the Criminal Code.
It is important to note that the specific sentence depends on many factors, including the individual’s role in the case, level of cooperation, personal background, and mitigating circumstances. No law firm can responsibly guarantee a particular outcome without reviewing the full case file.
This is often the biggest concern for foreign clients.
In reality, deportation is not automatically imposed in every smuggling case. The court may consider:
In addition to deportation ordered by the court, immigration authorities may impose a temporary entry ban under the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam.
Such measures can significantly impact long-term business, investment, or residence plans in Vietnam.
This is the most critical stage.
Many foreigners unfamiliar with Vietnam’s criminal procedure have unintentionally signed statements without fully understanding their contents. This may negatively affect later defense strategies.
You have the right to:
Early involvement of a criminal defense lawyer can:
In many cases handled by DEDICA Law, adjusting the legal strategy from the outset has significantly influenced the direction of the investigation — in certain situations helping shift the case from potential criminal prosecution to administrative handling, where legally appropriate.
However, each case has unique facts, and outcomes depend on objective legal circumstances.
Understanding the law is one thing. Handling a real investigation is another.
In many cases, the foreign individual did not directly import the goods but only participated in part of the transaction chain (for example, warehouse leasing, brokerage, or capital contribution). Determining the exact role is crucial in defining criminal liability.
A lawyer should:
Not every person “involved” is necessarily an accomplice.
Article 51 of the Criminal Code provides mitigating factors such as:
For foreigners, differences in language, business culture, or lack of familiarity with Vietnamese customs procedures may also be considered if properly supported by evidence.
A sound legal strategy is not about avoiding responsibility, but about ensuring the law is applied fairly and proportionately.
Facing criminal proceedings in Vietnam can feel isolating and overwhelming — especially when your family is abroad.
A lawyer’s role goes beyond courtroom defense. Legal counsel may:
DEDICA is a professional law firm based in Ho Chi Minh City, with lawyers who have worked at international law firms and multinational corporations. We regularly advise and defend foreign clients who are accused of crimes, under investigation, or otherwise involved in criminal proceedings in Vietnam.
We understand that our clients need not only legal knowledge, but also clarity, transparency, and a well-defined strategy.
Disclaimer: Each case involves specific facts and legal issues. The information in this article is for general reference only and does not constitute formal legal advice for any particular situation.
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