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When being asked by Vietnamese police to “cooperate”, many foreigners feel confused because no one clearly explains their legal status. You are not arrested, yet no specific explanation is given. Are you merely a related person, a witness, or already under investigation? In the context of language barriers and a different legal system, misunderstanding your role may lead to serious legal risks. This is why foreigners need to correctly identify their legal position from the very first working sessions.
Many foreigners in Vietnam seek legal advice in anxiety: “I am not under arrest, but the police say I must cooperate with the investigation. Who am I in this case?”
Feelings of fear and loss of control are understandable, especially when you are unfamiliar with Vietnamese law, not fluent in Vietnamese, and unsure about your legal rights.
In practice, the phrase “request for cooperation” is not an official legal term. It is simply a common expression used during investigative procedures. Failing to clarify legal status may cause foreigners to unintentionally provide statements that are unfavorable to themselves.
Importantly, each legal status carries completely different rights and obligations. Misunderstanding or ignoring this may lead to serious consequences, even in cases that initially appear “not serious”.
Under the Criminal Procedure Code 2015 (as amended and currently in force), anyone involved in criminal proceedings is assigned a specific legal status, regardless of whether investigators clearly state it.
A witness is a person who knows information related to a case and is summoned to give testimony. In principle, a witness is not a person under investigation.
However, in reality, many cases start with an invitation as a “witness” and later the legal status may change if statements show signs of criminal liability. The law allows investigators to reassess a person’s status if signs of an offense are discovered.
What foreigners often do not know:
You are not obliged to provide statements that may incriminate yourself.
You have the right to request legal counsel, especially when the working sessions are complex or prolonged.
This status is common for foreigners involved in:
Financial disputes
Business transactions
Accidents, conflicts, or civil disputes with criminal elements
Although persons with related rights and obligations are not criminally prosecuted, their statements may be used as evidence, and they may still be required to attend working sessions or confrontations.
The greatest risk is assuming “nothing is wrong” and speaking freely, while investigators are still assessing your role in the case.
This is a common concern among foreign clients of DEDICA. Investigative authorities do not always clearly inform you from the beginning that you are being considered for criminal liability.
Warning signs include:
Repeated working sessions with increasingly detailed questions
Intensive questioning about motives, purposes, or personal benefits
Requests to sign Vietnamese documents without independent interpretation
Travel restrictions, passport retention, or demands to appear at any time
Legally, once sufficient grounds exist, investigators must issue a decision to initiate prosecution against the accused and notify the legal status. However, the “pre-prosecution” stage is when foreigners face the highest risks without legal advice.
Vietnamese law encourages cooperation, but this does not mean you must answer every question in all circumstances.
Key principles:
You have the right to remain silent on questions that may be unfavorable
You have the right to request a lawyer and an interpreter
You have the right to carefully read and request corrections before signing any record
Proper cooperation is very different from exposing yourself to unnecessary risks.
Decisions made within the first 24–48 hours may significantly affect the entire process.
Even if told it is “just a routine working session”, you should:
Request written clarification of your legal status
Request a qualified interpreter
Consult a lawyer before signing any documents
A lawyer not only protects you after charges are filed, but more importantly helps prevent serious risks from the beginning.
Many people believe a lawyer is needed only after prosecution. This is a dangerous misconception.
A lawyer can:
Assess legal risks from the working content
Guide lawful and appropriate responses
Explain your rights and obligations clearly
Communicate professionally with investigators
DEDICA often becomes involved at an early stage in cases involving foreigners to minimize risks before the situation escalates.
If you are a spouse, friend, partner, or family member, and the foreigner you know is:
Repeatedly summoned for questioning
Having documents retained
Unable to communicate normally
This should be considered a sign to seek legal advice early. Timely and appropriate intervention may help clarify legal status, protect human rights, and prevent unnecessary legal consequences.
When Vietnamese police request “cooperation”, the most important thing for foreigners is to clearly identify their legal status before answering questions or signing documents. Early consultation with a lawyer helps clarify rights, obligations, and minimize unnecessary risks. If you are in this situation, contact DEDICA Law for appropriate legal advice.
📞 Hotline: (+84) 39 969 0012 (WhatsApp, WeChat, Zalo)
🕒 Working hours: Monday – Friday (8:30 – 18:00)
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