No table of contents available
Can a foreigner who is under criminal investigation in Vietnam return to their home country?
Will their passport be confiscated or will they be subject to an exit ban?
These are questions that cause many foreigners — as well as their families and friends — to feel confused, anxious, and even lose sleep when they suddenly become involved in a criminal case in Vietnam.
In reality, a single exit ban decision can completely disrupt a foreigner’s personal plans, employment, visa status, labor contracts, and overall life. This article is written from the perspective of a legal advisor to help you understand the law correctly, stay calm, and take lawful action when facing the risk of an exit ban in a criminal case in Vietnam.
Legal disclaimer: This article is for general informational purposes only and does not replace legal advice for specific cases. Each criminal case has its own nature and legal risks.
The short answer is: Yes, they can.
Under the 2015 Criminal Procedure Code of Vietnam (as amended and currently in force), an exit ban is one of the preventive measures that competent authorities may apply to individuals who are:
Reported or accused of committing a crime
Proposed for prosecution
Criminal suspects or defendants
Other persons involved in a criminal case
This regulation applies equally to Vietnamese citizens and foreigners, without discrimination based on nationality.
However, being a foreigner does not automatically mean that an exit ban will be imposed. Whether the measure is applied depends on the procedural stage and the risk assessment made by the investigating authorities.
Based on our experience advising and representing many foreign clients, the following situations carry a high risk of exit bans:
Once a foreigner is identified as a criminal suspect, authorities often impose an exit ban to:
Prevent the risk of fleeing Vietnam
Ensure the individual’s presence during investigation, prosecution, and trial
Avoid obstruction of criminal proceedings
In many cases, an exit ban is applied instead of pre-trial detention, especially when the foreigner has a clear residence and cooperates with investigators.
A common misunderstanding is: “If I haven’t been prosecuted yet, everything is fine.”
In reality, this is not always true.
Even when a foreigner is only invited for questioning or statement-taking, if authorities believe there are signs of a crime and fear that the person may leave Vietnam, an exit ban can still be imposed.
This is why some foreigners are unexpectedly stopped at the airport, even though they had never received a clear prior notice.
Under Article 124 of the 2015 Criminal Procedure Code, an exit ban may be imposed if there are grounds to believe that the person may:
Flee
Obstruct investigation, prosecution, or trial
In addition, the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam allows temporary suspension of exit when a foreigner is involved in a criminal case at the request of competent authorities.
It is crucial to understand that an exit ban does not mean the person is guilty — it is merely a preventive procedural measure.
This is the question that concerns most clients.
Vietnamese law does not prescribe a fixed duration applicable to all cases. The exit ban usually corresponds to the investigation, prosecution, and trial timelines of the criminal case.
In practice, an exit ban may:
Last for several months
Be extended multiple times
End only when the case is suspended or concluded
Without early legal assistance, the exit ban period may last far longer than expected.
The answer is: Yes, it is possible — but not automatic and not always approved.
A lawyer may represent the client to:
File a request to lift or change the exit ban
Prove a clear residential address in Vietnam
Demonstrate legitimate reasons (medical treatment, work obligations, family matters)
Commit to full cooperation with legal proceedings
This requires strong legal reasoning and a deep understanding of how authorities assess procedural risks.
In criminal cases involving foreigners, differences in language, culture, and legal systems significantly increase legal risks.
A lawyer not only:
Clearly explains legal rights and obligations
Protects the client’s lawful interests
Works directly with investigating authorities
but also helps minimize unnecessary preventive measures, including exit bans.
From our practical experience, many foreigners:
Attempt to leave Vietnam without clarifying their legal status
Fail to check whether they are subject to an exit ban before flying
Sign official statements without fully understanding their contents
Do not engage a lawyer at an early stage
These mistakes can worsen the legal situation and even lead to stricter measures.
You should seek legal assistance as early as possible if:
You are a foreigner invited by the police for questioning
You are concerned about the risk of an exit ban
Your relatives or friends are detained or investigated in Vietnam
You are a victim in a criminal case involving foreign elements
Early action can make a significant difference in legal outcomes.
DEDICA Law LLC is a Ho Chi Minh City–based law firm that regularly advises and represents:
Foreigners under criminal investigation or prosecution in Vietnam
Foreign victims in criminal cases
Enterprises and individuals with foreign elements
With lawyers experienced in international legal environments, DEDICA Law understands the pressure, fear, and legal barriers foreigners face when involved in criminal cases in Vietnam — and is committed to protecting their rights effectively.
📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)
🕒 Working Hours: Monday – Friday (8:30 – 18:00)
Contact us today for a free initial consultation with our experienced lawyers!
Select a platform to view details
