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Can a foreigner be prosecuted for importing medicine without a license into Vietnam? This is a question that causes many people to panic when they unexpectedly receive an invitation to work from the police authority. Is this act an administrative violation, or can it lead to criminal liability? In which cases will prosecution occur, and in which cases is there still a chance for a lighter resolution? The article below will help you clearly understand the legal risks and the safest course of action.
When a foreigner is discovered importing medicine without a license, the most common fears are detention, deportation, and negative impacts on their residence record in Vietnam. However, whether prosecution will occur depends on specific legal factors.
According to the 2016 Law on Pharmacy (as amended and supplemented), medicines circulated in Vietnam must be licensed, registered, and meet import conditions. Importing medicine without a license issued by the Ministry of Health may be considered a violation of pharmaceutical management regulations.
Depending on the nature and severity, this act may be handled by:
Administrative sanctions under regulations on pharmaceutical and customs management.
Or criminal prosecution under the 2015 Criminal Code (amended and supplemented in 2017).
Possible charges that may be considered include:
Smuggling (Article 188) if there is illegal cross-border activity involving goods of large value.
Producing or trading counterfeit medicines (Article 194) if the medicine is determined to be counterfeit.
Violating regulations on research, production, preparation, distribution, or sale of medicines (Article 317) if serious consequences occur.
Note: Not every case of importing unlicensed medicine results in criminal prosecution. Investigating authorities will consider the total value of the goods, purpose of use, commercial elements, and actual consequences.
Prosecution depends on factors such as:
The value of the shipment.
Whether there was a commercial purpose or personal use only.
Whether the medicine is counterfeit.
Whether harm to others’ health occurred.
Whether there are elements of repeat offense or organized conduct.
Under Article 188 of the Criminal Code, smuggling may be prosecuted if the value of goods is 100 million VND or more, or below that threshold if there was prior administrative sanction.
However, each case has its own circumstances. Determining applicable charges requires assessment of case files, evidence, statements, and expert conclusions. No outcome can be confirmed without fully reviewing the case materials.
For foreigners, in addition to criminal liability, there may also be risks of:
Visa extension restrictions.
Deportation.
Impact on residence, investment, or employment records in Vietnam.
This is why early involvement of a lawyer is extremely important.
Upon receiving an invitation to work or a temporary detention decision, many people panic and provide inconsistent statements. This can make the situation more unfavorable.
The most important thing at this stage is to clearly understand your rights under Vietnamese law.
Under the 2015 Criminal Procedure Code, persons who are denounced, defendants, or accused have the right to:
Have a defense lawyer.
Have an interpreter if not fluent in Vietnamese.
Present statements and provide evidence.
Not be compelled to give statements against themselves.
For foreigners, procedural authorities are also responsible for notifying the diplomatic representative of their country in accordance with Vietnamese law and applicable international treaties.
In practice, many foreign clients do not fully understand Vietnamese procedural processes and sign documents without fully understanding their contents. This poses significant risk.
When a foreigner is investigated in a criminal case in Vietnam, language, legal culture, and psychological factors become major barriers. The participation of a lawyer is not only a right, but an essential need.
A lawyer may:
Participate from the initial working stage with investigating authorities.
Review the legality of detention and search procedures.
Study the case file and assess potential charges.
Propose the most favorable resolution strategy.
Participate in court proceedings if the case is brought to trial.
For foreign clients, a lawyer also acts as a bridge between the client and procedural authorities, ensuring the client’s rights are understood and properly protected under the law.
DEDICA is a law firm in Ho Chi Minh City that regularly advises and protects the rights of foreign clients involved in criminal cases in Vietnam.
We understand that what clients fear most is not only the sentence, but their future in Vietnam: career, business, family, and reputation. Therefore, legal strategies are always built carefully, based on analysis of specific case files and current legal regulations.
Whether a foreigner importing unlicensed medicine into Vietnam will be prosecuted depends on many legal factors and specific evidence. The most important thing is not to make assumptions and not to handle the matter alone without professional advice.
Are you or your loved one being invited by the police for questioning regarding suspected importation of unlicensed medicine?
Are you worried about the risk of prosecution, detention, or deportation?
Contact DEDICA Law Firm for in-depth legal consultation!
📞 Hotline: (+84) 39 969 0012 (Support via WhatsApp, WeChat and Zalo)
🕒 Working hours: Monday – Friday (8:30 – 18:00)
Contact us now to receive your first free consultation from our professional legal team!
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