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Will a foreigner who commits a crime in Vietnam be deported immediately, or will they have to serve a prison sentence first?
This question causes serious anxiety for many people when they or their loved ones are summoned by the Vietnamese police, temporarily detained, or formally charged. Fear of prolonged detention, fear of being unable to return home, fear of not understanding Vietnamese law — these are all very real concerns.
This article aims to help you understand the legal reality, ease unnecessary panic, and identify the right steps to take as early as possible to protect your lawful rights and interests.
When hearing the word “deportation”, many foreigners assume: “Once the authorities discover the offense, I will be sent to the airport right away.”
In reality, Vietnamese criminal law does not operate in that manner.
Whether a foreigner is deported or required to serve a prison sentence first depends on multiple factors, including:
The nature of the conduct
The severity and social danger of the offense
The criminal charge
And most importantly, the final decision of the Court
There is no single answer that applies to all cases.
Under the 2015 Criminal Code of Vietnam (as amended in 2017), deportation is classified as either:
A principal penalty, or
An additional penalty
and it applies exclusively to foreigners who commit crimes in Vietnam.
This means:
Deportation does not occur automatically when a foreigner commits a crime
Deportation can only be imposed by a legally effective court judgment or decision
In other words, the police have no authority to deport someone simply because they are under investigation or temporary detention.
This is a very common — and very dangerous — misconception.
Vietnamese law clearly provides that foreigners who commit crimes on Vietnamese territory may still be sentenced to imprisonment, just like Vietnamese citizens, if the offense constitutes a crime and does not qualify for deportation as an alternative penalty.
In practice, many foreigners:
Are placed in pre-trial detention during the investigation
Are tried and sentenced to imprisonment
And only after serving their prison sentence are they deported from Vietnam
Not every criminal case results in a prison sentence. In certain circumstances, the Court may choose deportation instead of imprisonment, but this is never automatic.
Based on practical experience in advising and handling criminal cases involving foreign elements, courts often consider factors such as:
The offense falls within the less serious or serious crime category
The offender is a first-time offender with good personal background
Damages have been remedied or compensated
The offender shows cooperation and genuine remorse
Legal counsel was involved from an early stage
Deportation does not pose a threat to Vietnamese society
When these factors are presented properly, at the right time, and with the right legal strategy, the likelihood of deportation being applied increases significantly.
In many cases, the Court may impose:
A fixed-term prison sentence, and
Deportation as an additional penalty
This means the foreigner must serve the prison sentence first, and will then be required to leave Vietnam upon completion of the sentence.
This stage is the most dangerous, but also the stage where the outcome can still be influenced the most.
Many foreigners lose critical opportunities to protect themselves simply because they:
Do not understand their rights when working with the police
Sign records or statements without fully understanding their content
Do not have a lawyer involved from the beginning
Under the Vietnamese Criminal Procedure Code, foreigners have the right to:
Be assisted by a defense lawyer
Have access to an interpreter
Not be compelled to incriminate themselves
Be clearly informed of their rights and obligations
Having a lawyer from the investigation stage is not only about “defending yourself at trial”, but also about:
Managing legal risks
Guiding statements and cooperation
Protecting lawful rights and interests
Preparing strategies for mitigation or deportation
In reality, once a case has been formally prosecuted, many legal options are no longer available. Early legal consultation helps to:
Accurately assess legal risks
Determine the possibility of deportation
Avoid irreversible mistakes
Legal Disclaimer
Each criminal case is unique, depending on: The specific conduct, the evidence, the perspectives of the competent authorities
This article does not guarantee any particular outcome and does not replace formal legal advice. For an accurate assessment, the individual concerned must have their case file reviewed by a qualified lawyer.
You should not wait if:
You are a foreigner summoned by Vietnamese police
You or a family member has been temporarily detained or arrested
You do not clearly understand the allegations under investigation
You are concerned about the risk of imprisonment or deportation
DEDICA Law is a law firm based in Ho Chi Minh City, regularly advising and protecting the rights of:
Foreigners under criminal investigation in Vietnam
Foreigners who are victims in criminal cases
Criminal cases involving foreign elements that require a careful, strategic, and legally compliant approach
📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)
🕒 Working Hours: Monday – Friday (8:30 – 18:00)
Contact us today for a free initial consultation with our experienced lawyers!
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