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Can foreigners operating scam websites in Vietnam be held criminally liable? What criminal charges might apply? What legal risks should be carefully considered?
In recent years, cases involving online scam websites, fake investment platforms, and fraudulent financial applications in Vietnam have increased significantly. Notably, many of these cases involve foreign nationals, ranging from individuals who manage systems and develop platforms to those organizing operational teams.
In practice, many foreigners find themselves unexpectedly invited to work with Vietnamese police authorities, temporarily detained, or even subject to criminal investigation. Some believe that because they were only responsible for technical management, website administration, or contract-based work, they will not be held legally responsible.
However, under Vietnamese criminal law, criminal liability does not apply only to those who directly commit fraudulent acts. It may also apply to individuals who organize, assist, or facilitate criminal activities.
Therefore, if a foreigner operates or participates in operating a scam website in Vietnam, they may still face criminal investigation depending on their role and level of involvement.
This raises important questions: What criminal charges may apply in such situations? And what legal issues should foreigners be aware of when under investigation in Vietnam?
In practice, online fraud cases in Vietnam may be examined under several different criminal offenses, depending on the role each individual plays within the scheme.
One of the most common charges in cases involving scam websites is the offense of fraudulent appropriation of property under the Vietnamese Criminal Code 2015 (as amended).
Under Vietnamese law, a person who uses deceptive methods to appropriate the property of others may be subject to criminal prosecution.
Common examples in online fraud schemes include:
If a foreign national organizes, manages, or participates in operating such systems with the intention of obtaining money from users through deception, investigators may consider them an accomplice or co-offender.
The penalties for this offense depend largely on the value of the property appropriated. In serious cases, penalties can range from:
In reality, however, determining the legal responsibility of each individual often depends on various factors, such as:
Therefore, not everyone involved in the operation of a website will necessarily face the same level of criminal liability.
Many online fraud cases in Vietnam are also examined under provisions of the Vietnamese Criminal Code related to cybercrime, particularly offenses involving the use of computer networks or telecommunications networks to appropriate property.
This offense generally applies when individuals use:
To carry out acts aimed at unlawfully obtaining property.
Typical examples include:
In such cases, investigators typically examine:
Even if a foreign national did not communicate directly with victims, they may still be considered an accomplice if they were responsible for technical management or coordinating the operation of the platform.
Depending on the scale of the case, the penalties for such offenses may reach up to 20 years of imprisonment.
A common concern raised by many foreign clients is: "I am a foreigner. Does Vietnamese criminal law still apply to me?"
The answer may be yes.
Under the Vietnamese Criminal Code, foreign nationals who commit criminal offenses within Vietnamese territory may still be prosecuted under Vietnamese law.
This may apply in situations where:
In practice, many online fraud cases involve cross-border elements, and Vietnamese authorities may cooperate with international law enforcement agencies to collect evidence.
However, it is important to understand that not every person connected to a system will automatically be criminally prosecuted. Authorities typically consider several factors, including:
For this reason, understanding your legal rights and obligations early in the investigation process is extremely important.
When foreigners are invited to work with Vietnamese police authorities, many experience significant stress and uncertainty about how to respond.
Some common legal risks include:
Vietnam’s legal system and investigation procedures may differ significantly from those of other countries, particularly regarding:
Without the assistance of a qualified interpreter or lawyer, foreign nationals may:
In many criminal investigations, initial statements can significantly influence the direction of the investigation.
Seeking legal advice early may help:
It is also important to note that every criminal case has unique circumstances, and it is generally not possible to predict the final outcome of legal proceedings in advance.
When a foreign national becomes involved in a criminal case in Vietnam, the role of a lawyer is not limited to court proceedings. Legal assistance can be crucial from the earliest stage of the investigation.
A lawyer may assist clients by:
In some cases, lawyers may also:
Many criminal cases in Vietnam today involve foreign elements, particularly in areas such as:
With experience working with international clients, DEDICA Law regularly assists:
The lawyers at DEDICA have experience working at international law firms and multinational corporations, and they understand the practical challenges foreign clients often face when dealing with Vietnam’s legal system.
More importantly, the role of a lawyer is not to make unrealistic promises about legal outcomes, but to help clients understand their legal situation and determine the most appropriate course of action.
If you or someone close to you is currently in one of the following situations:
Seeking accurate legal information and early legal advice may help reduce unnecessary risks.
Every case has different facts, evidence, and circumstances, so the appropriate legal approach should always be assessed based on the specific situation.
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