Can Foreigners Go to Jail for Selling E-Cigarettes in Vietnam?

Can foreigners go to jail for selling e-cigarettes in Vietnam? This is a question that causes serious anxiety—especially when someone is summoned by the police or when a family member has been detained. What does Vietnamese law actually say? What are the criminal risks? Is there still a way to protect your legal rights?

You may be feeling overwhelmed: Is my visa still valid? Will I be deported? Could I face imprisonment? Is there any way to reduce criminal liability?

This article will help you understand the current legal framework, assess the potential risks, and determine what you should do next.

1. Is Selling E-Cigarettes in Vietnam a Criminal Offense?

Before answering whether imprisonment is possible, it is important to understand the current legal status of e-cigarettes in Vietnam. Many foreigners assume that selling e-cigarettes is simply a regular business activity. However, Vietnam’s regulatory framework has been tightening rapidly.

1.1 Are E-Cigarettes Legally Allowed to Be Sold in Vietnam?

Under current regulations on tobacco management and new-generation tobacco products, e-cigarettes are not broadly recognized as legally approved commercial goods like traditional tobacco products.

Authorities have repeatedly issued warnings and increased inspections related to the sale and illegal importation of e-cigarettes.

In practice, selling e-cigarettes may be handled in different ways depending on the circumstances:

• Administrative penalties, if the scale is small and does not meet criminal thresholds;
• Criminal prosecution, if authorities determine there are signs of smuggling or trading in illegally imported goods.

Under Article 188 of the 2015 Penal Code (as amended in 2017), smuggling goods across borders that meet certain value thresholds may result in criminal liability.
In some situations, Article 190 (Illegal production and trading of prohibited goods) may also be considered, depending on how the authorities classify the products at the time of enforcement.

Penalties can range from fines to imprisonment, depending on:

• The value of the goods,
• The nature of the conduct,
• The role of the individual involved.

Importantly, not every case of selling e-cigarettes automatically results in jail. Whether criminal liability applies depends heavily on the specific facts of the case.

1.2 Are Foreigners Treated Differently from Vietnamese Citizens?

A common question we receive is: “I am a foreigner. Does the law apply differently to me?”

In principle, under Article 5 of the Vietnamese Penal Code, foreigners who commit crimes within Vietnamese territory are subject to Vietnamese criminal law, except for individuals entitled to diplomatic immunity.

However, in practice, foreigners may face additional consequences such as:

• Temporary detention or pre-trial detention;
• Exit bans;
• Deportation after serving a sentence;
• Impacts on visa status, residence cards, or work permits.

Therefore, the legal risk is not limited to the question of imprisonment. It may also significantly affect your long-term residence, career, and reputation in Vietnam.

2. What Should a Foreigner Do If Being Investigated?

If you or your family member has been summoned by the police, subjected to a search, or temporarily detained in connection with selling e-cigarettes, the most important step is to remain calm and establish a proper legal strategy immediately.

The early investigation stage is often decisive for the direction of the entire case.

2.1 What Factors Determine Whether You May Go to Jail?

Based on our experience handling criminal cases involving foreigners in Vietnam, investigators often assess:

• The total value of the goods involved;
• The origin and import route of the goods;
• The individual’s role (organizer, main actor, employee, or minor participant);
• Whether there is any prior offense;
• The level of cooperation and sincerity;
• Mitigating circumstances under Article 51 of the Penal Code.

In many cases, if the value does not meet the criminal threshold or if there is insufficient evidence of cross-border smuggling, the matter may be resolved administratively instead of criminally.

Even when a case has been formally charged, a lawyer may still:

• Request reclassification of the alleged offense;
• Propose mitigating circumstances;
• Petition for bail or alternative preventive measures;
• Assist in remediation efforts to reduce potential penalties.

Important note: No lawyer can guarantee that someone will “definitely avoid jail.” Every case depends on evidence, documentation, and the assessment of investigative and judicial authorities. Legal advice must be based on specific case files.

2.2 Why You Should Engage a Lawyer at the Earliest Stage

Many foreigners only seek legal assistance after formal charges are filed or when the case is about to go to trial. This is a common and serious mistake.

Initial statements given during police interviews can significantly influence the entire investigation. Problems may arise if you:

• Do not fully understand your rights, including the right to legal counsel;
• Sign documents without carefully reviewing them (especially with language barriers);
• Provide inaccurate statements due to panic or misunderstanding.

Such statements may later be used as evidence.

DEDICA is a law firm based in Ho Chi Minh City that regularly advises and defends foreign clients involved in criminal matters in Vietnam. We understand:

• Language and cultural barriers;
• Psychological pressure when facing investigation in a foreign country;
• Concerns about family, employment, and reputation.

With experience defending foreigners in criminal proceedings, our lawyers:

• Carefully analyze the legal elements of the alleged offense;
• Provide realistic risk assessments (without exaggeration or unrealistic promises);
• Develop tailored defense strategies;
• Work directly with investigation agencies, procuracies, and courts in compliance with Vietnamese law.

Our approach is cautious, strategic, and focused on protecting our clients’ lawful rights and interests to the fullest extent possible.

3. Are There Legal Opportunities for Foreigners in These Cases?

Many people do not realize that Vietnamese law not only provides penalties, but also clearly recognizes mitigating circumstances, the presumption of innocence, and the right to defense.

3.1 Being Arrested Does Not Automatically Mean You Are Guilty

Under the principle of presumption of innocence in Vietnam’s Criminal Procedure Code, a person is considered innocent until proven guilty by a legally effective court judgment.

Temporary detention or custody is merely a procedural measure to facilitate investigation.

In some cases, after further clarification:

• The elements of a crime are not fully established;
• The value of goods does not meet criminal thresholds;
• The individual did not play a principal role;

…the case may be dismissed or redirected toward administrative handling.

The key is not panic—but timely and appropriate legal action.

3.2 Every Case Requires a Personalized Legal Strategy

There is no “one-size-fits-all” formula for cases involving the sale of e-cigarettes in Vietnam. Each client’s situation differs:

• Shop owners;
• Sales employees;
• Property landlords;
• Individuals whose names were used without full involvement.

A lawyer must analyze the case file, compare it with current legal provisions, and consider judicial practice to design the most appropriate defense strategy.

At DEDICA, we consistently advise clients not to wait until the situation escalates. Early legal intervention can significantly improve risk management and outcome possibilities.

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