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Many foreign clients experience panic, fear, and confusion when working with Vietnamese investigative authorities. Some believe that because they are foreigners, they will be “handled under their home country’s law” or “fully protected by their embassy or consulate.” However, Vietnamese criminal law has very clear provisions, along with several important exceptions. If these are misunderstood, foreign nationals may make unfavorable decisions from the very beginning.
Pursuant to Article 5 of the 2015 Criminal Code (as amended and supplemented in 2017), the basic principle is:
Any foreign national who commits a crime within the territory of the Socialist Republic of Vietnam shall be handled in accordance with the Vietnamese Criminal Code.
In simpler terms:
If the alleged criminal act occurs in Vietnam, regardless of nationality, Vietnamese law has jurisdiction to handle the case.
This principle applies to:
Foreign nationals residing, working, or traveling in Vietnam
Foreign nationals transiting through Vietnam who commit criminal acts
Foreign nationals involved in or related to criminal cases occurring in Vietnam
However, this is not the whole picture.
Not all cases involving foreign nationals in criminal matters in Vietnam are handled in exactly the same way. Vietnamese law provides certain exceptions, mainly related to diplomatic immunity and international treaties. These situations are relatively rare and are often misunderstood as meaning “no criminal liability.” Understanding the actual scope of these exceptions helps avoid unrealistic expectations and enables an appropriate legal strategy from the outset.
Vietnamese criminal law is not applied in the usual manner to individuals who enjoy diplomatic or consular immunity, such as:
Diplomatic staff
Consular officers
Certain officials of international organizations
In such cases, handling is conducted through:
Diplomatic channels
International treaties to which Vietnam is a party
Agreements between Vietnam and the relevant foreign state
However, the vast majority of foreign nationals living and working in Vietnam do not fall into this category.
Vietnam has entered into many mutual legal assistance treaties with other countries. These treaties may affect:
Extradition
Enforcement of criminal judgments
Transfer of sentenced persons
It should be noted that:
A treaty does not mean “no prosecution.” It only regulates the manner and scope of handling, not the complete exclusion of criminal liability.
Foreign nationals commonly have the following concerns:
Fear of prolonged detention without understanding the reason
Many are unfamiliar with Vietnamese criminal procedures and do not understand:
Why they are being detained
How long detention may last
Whether bail or release pending investigation is possible
Fear of language barriers leading to misunderstandings or improper signatures
Working without a qualified legal interpreter may result in:
Misunderstanding investigators’ questions
Making unfavorable statements
Signing records that do not reflect their true intent
Fear of harsher treatment because they are foreigners
This is a common concern, but in practice:
Vietnamese law does not impose harsher penalties solely because a person is a foreign national.
Criminal liability depends on:
The specific conduct
Degree of fault
Consequences of the act
Aggravating and mitigating circumstances
Even as a foreign national, you have important procedural rights, including:
The right to legal counsel
You have the right to:
Engage a Vietnamese lawyer from the investigation stage
Have a lawyer protect your rights and manage legal risks
This is a critical right, yet often overlooked at the early stage.
The right to an interpreter
Procedural authorities are obligated to:
Arrange an interpreter during proceedings
Ensure you fully understand questions, answers, and written records
The right to consular notification
Under the Vienna Convention, foreign nationals who are arrested or detained have the right to:
Request notification to their embassy or consulate
However, it is important to understand that:
An embassy or consulate does not replace a lawyer and does not directly intervene in the substance of a criminal case.
In cases with foreign elements, lawyers are not only defense counsel, but also professionals who:
Explain the Vietnamese legal system in an accessible manner
Work professionally with investigative authorities
Minimize risks arising from cultural and legal differences
At DEDICA Law, we often become involved at an early stage to:
Assess actual criminal risks (without speculation or intimidation)
Develop appropriate legal strategies for each stage of the case
Protect clients’ lawful rights and interests to the greatest extent possible
Professional disclaimer:
Each case has its own characteristics. The assessment of criminal liability depends on case files, evidence, and procedural developments. This article is for reference only and does not constitute a guarantee of case outcomes.
You should not wait until formal prosecution or arrest. Seek legal assistance immediately if you:
Receive an invitation to work with the police
Are detained or held in custody
Show signs of being under criminal investigation
Are a victim in a criminal case involving foreign elements
Decisions made at the early stage can affect the entire case later.
If you or your loved one is a foreign national involved in a criminal case in Vietnam, do not let fear and lack of information lead to unnecessary mistakes.
Contact DEDICA Law to receive:
Clear and practical legal advice
A legal strategy tailored to your specific situation
Professional, cautious, and lawful protection of your rights
📞 Hotline: (+84) 39 969 0012 (WhatsApp, WeChat, Zalo)
🕒 Working hours: Monday – Friday (8:30 – 18:00)
Contact us now for a free initial consultation with our professional legal team.
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