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Are foreigners who commit rape in Vietnam punished more severely than Vietnamese citizens? Are they detained immediately or deported right away? These are very real fears of many foreigners when they are unexpectedly invited to work with the police or become involved in a serious criminal case.
This article will help you properly understand the legal nature of the issue, the potential risks that may arise, and the cautious and lawful approach under Vietnamese law.
When working with foreigners involved in criminal cases, we often encounter a fairly common mindset: many believe that because they are not Vietnamese citizens, they will either not be prosecuted or will only receive “lighter” treatment.
However, this understanding is completely incorrect and may lead to extremely serious mistakes during the process of working with investigative authorities.
According to the current Vietnamese Criminal Code, anyone who commits a criminal act within the territory of Vietnam must bear criminal responsibility under Vietnamese law, regardless of nationality or residency status.
This means that foreigners who commit rape in Vietnam will still be investigated, prosecuted, and tried in the same manner as Vietnamese citizens, except in very special cases involving diplomatic immunity under international treaties.
In practice, the initial stage when being invited to work with the police is often the time when foreigners feel the most anxious and are prone to making unwise decisions. Not clearly understanding one’s procedural status, not being aware of the right to a lawyer, or the right to request an interpreter can cause legal risks to escalate rapidly from the very first statement.
In sexual assault cases, the question “How does Vietnamese law define rape?” is always of great concern, yet not everyone fully understands it.
Is rape only constituted when there is violence, or are there other legal elements that determine criminal liability?
Understanding the law correctly not only helps protect the rights of victims but also enables each individual to clearly recognize legal boundaries in order to avoid severe consequences.
The crime of rape is stipulated in Article 141 of the 2015 Criminal Code, as amended and supplemented in 2025.
Under this provision, rape is not limited to the use of force but also includes cases of threatening to use force, taking advantage of a victim’s inability to defend themselves, or using other methods to engage in sexual intercourse or other sexual acts against the victim’s will.
The key element in rape cases is voluntariness (consent).
If the investigative authority determines that the victim did not voluntarily consent or was not capable of awareness and self-control at the time of the incident, the case may be considered for criminal prosecution — even if the parties had previously been acquainted or in a relationship.
In practical advisory work, many cases originate from very ordinary situations but contain significant legal risks. Cultural differences, different expressions of consent, the use of alcohol or stimulants, or emotional conflicts after sexual relations may cause a relationship that appears consensual to be evaluated entirely differently under Vietnamese criminal law.
As long as statements between the two parties are inconsistent, the competent authorities may initiate criminal proceedings for investigation. From that moment, the foreigner officially enters a prolonged, stressful, and high-pressure criminal procedure process.
When a foreigner commits rape in Vietnam, the question arises: will they be handled under Vietnamese law or under the law of their nationality? Is there any difference in penalties, criminal procedure, or deportation after serving the sentence?
Understanding the criminal handling mechanism in such cases helps foreign individuals and businesses proactively prevent legal risks while living and working in Vietnam.
Under Article 141 of the 2015 Criminal Code, as amended in 2025, the crime of rape has multiple penalty brackets, ranging from fixed-term imprisonment to life imprisonment and even capital punishment, depending on the nature and severity of the act and the specific circumstances of the case.
Factors such as the degree of harm to the victim, the victim’s age, the method of committing the offense, and the consequences caused all directly affect the determination of the penalty bracket.
It is especially important to note that being accused or prosecuted does not mean a person will certainly be convicted. Criminal liability and specific sentencing are only determined after a full investigation, prosecution, and trial based on a comprehensive evaluation of evidence.
In addition to the principal penalty of imprisonment, Vietnamese law allows the court to apply deportation as an additional penalty for foreigners who commit crimes.
However, deportation is not a substitute for criminal liability and is usually considered after the offender has served the principal sentence or in specific cases as decided by the court.
Whether deportation is applied depends greatly on the judgment and assessment of the trial panel, not automatically on the fact that the offender is a foreigner.
Criminal proceedings in Vietnam typically begin with receiving denunciations, initial verification, and may lead to criminal case initiation if there are sufficient grounds.
At this stage, the foreigner’s initial statement plays an extremely important role and may influence the entire later development of the case.
Many foreigners face disadvantages because they believe that simply “telling everything honestly” will resolve the matter quickly, or because they sign working minutes written in Vietnamese without fully understanding their contents.
Once such statements are included in the case file, changing or re-explaining them later becomes extremely difficult.
In rape cases involving foreigners, a lawyer should not only appear at trial but should participate as early as possible.
The lawyer helps the client understand their rights and obligations, monitors the legality of interrogations, evaluates incriminating and exculpatory evidence, and guides the appropriate approach when working with procedural authorities.
Equally important, the lawyer helps the foreigner remain calm and clear-headed in an unfamiliar legal environment, where a single wrong decision may lead to long-term consequences.
DEDICA Law Company Limited regularly advises and represents foreigners involved in criminal cases in Vietnam.
With practical experience and multilingual advisory capability, DEDICA focuses on helping clients correctly understand the law, minimize risks, and build cautious and appropriate legal strategies tailored to each specific situation.
Please note that every criminal case has its own particular characteristics. The content of this article is for reference purposes only and does not constitute a guarantee of case outcomes or legal advice applicable to all circumstances.
If you are a foreigner being invited to work with the police, under investigation, or have relatives or friends involved in a rape case in Vietnam, seeking legal counsel early is a key factor in protecting your lawful rights and interests.
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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