Can Foreigners Be Prosecuted for Fighting and Causing Injury in Vietnam?

Can a foreigner go to jail for fighting in Vietnam? Can causing injury to another person lead to criminal prosecution?

If you or someone close to you has been invited to work with the police, placed under investigation, or temporarily detained due to a physical altercation, these concerns are entirely understandable. This article helps you understand the relevant Vietnamese legal regulations, potential legal risks, and the safest ways to handle the situation during such a sensitive time.

Are foreigners who cause injury in Vietnam treated the same as Vietnamese citizens?

When a fight resulting in injury occurs, many foreigners assume they will be “treated differently” or that the matter will only result in an administrative fine. In reality, Vietnamese criminal law is based on the principle of equality before the law.

Under current regulations, foreigners who commit crimes within Vietnamese territory may still be subject to criminal liability, except in certain special cases involving diplomatic immunity.

In other words, if a foreigner is involved in a fight and causes injury to another person in Vietnam, the case may be criminally prosecuted, depending on the nature of the conduct and the consequences caused.

Legal basis applicable to foreigners

The 2015 Criminal Code of Vietnam (as amended and supplemented in 2017) clearly provides that:

Foreigners who commit crimes within the territory of Vietnam shall be handled in accordance with Vietnamese law.

This means that:

• Nationality is not a factor when determining criminal liability
• There are no automatic “preferential” or “lighter” rules simply because the offender is a foreigner
• Investigative authorities will follow the same criminal procedure as they do for Vietnamese citizens

This is why many foreigners feel shocked and anxious when they are summoned by the police after what seemed like a “minor” altercation.

When can fighting and causing injury lead to criminal prosecution?

Not every fight leads to criminal liability. However, the line between administrative penalties and criminal prosecution can be very thin, especially for those unfamiliar with Vietnamese law.

Injury rate – the key determining factor

One of the most important factors is the percentage of bodily injury suffered by the victim, which is determined through a forensic medical examination.

Under Article 134 of the Criminal Code (Intentional infliction of injury or damage to another person’s health), criminal prosecution may apply if:

• The injury rate is 11% or higher, or
• Below 11% but accompanied by aggravating circumstances, such as:
  • Use of weapons or dangerous tools
  • Hooligan nature of the act
  • Assaulting a person performing official duties
  • Acting in an organized manner or with multiple participants

Many foreigners do not anticipate the importance of forensic injury assessments, even though this is often the direct basis for initiating a criminal case.

Is apologizing and paying compensation enough?

This is a common misunderstanding.

Apologizing and compensating the victim may be considered mitigating circumstances, but they do not automatically prevent criminal prosecution. In many cases:

• Criminal proceedings may still be initiated even if both parties have reached a settlement
• The procuracy may continue prosecution if all elements of a crime are established

As a result, improper handling of the situation from the very beginning may unintentionally place foreigners in a much more serious legal position.

Can foreigners be detained, placed in custody, or banned from leaving Vietnam?

This is the greatest concern for most clients we have advised.

The answer is: yes, it is possible, depending on the stage and seriousness of the case.

Possible procedural measures

During the investigation of a fighting or injury-related case, the authorities may apply measures such as:

• Repeated summons for questioning and taking statements
• Temporary criminal detention in certain cases
• Imposition of an exit ban from Vietnam
• In serious cases, pre-trial detention for investigation purposes

For foreigners, an exit ban can have serious consequences:

• Loss of employment in Vietnam
• Breach of employment contracts
• Negative impact on visas and work permits
• Significant emotional and financial pressure on family members abroad

For these reasons, having a lawyer involved at an early stage is extremely important.

The role of a lawyer in criminal cases involving foreigners

Many people only seek legal assistance after formal charges are filed or detention has occurred. In practice, however, the most critical time is when the police first invite you to work with them.

A lawyer can assist by:

• Advising on how to work with investigative authorities in compliance with the law
• Ensuring the right to remain silent and the right to legal counsel
• Assessing potential criminal risks
• Participating in negotiations or mediation with the victim (where appropriate)
• Proposing lawful mitigating circumstances

Legal disclaimer: Each case has its own facts and developments. This article is for general reference only and does not constitute a guarantee or prediction of the outcome of any specific criminal case.

Practical experience in handling cases involving foreigners fighting in Vietnam

Through advising and protecting the legal rights of clients, DEDICA Law has observed that:

• Many foreigners give inconsistent statements due to language barriers
• They do not fully understand their rights and obligations when working with the police
• They underestimate the seriousness of the early stages of the case, leading to later disadvantages
• They are unsure how to collect and preserve evidence in their favor

Having a lawyer accompany you not only helps protect your lawful rights, but also helps you maintain stability and clarity throughout the criminal procedure.

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