No table of contents available
Will foreigners who commit crimes in Vietnam certainly be deported, or must they still serve prison sentences like Vietnamese citizens? Is deportation a principal penalty or merely an additional measure? What do current Vietnamese laws stipulate, and what legal risks should foreigners and sponsoring enterprises pay special attention to in order to avoid serious consequences?
As Vietnam continues to attract an increasing number of foreign experts, investors, and workers, legal issues involving foreigners committing crimes in Vietnam are becoming more common. One of the most concerning questions for both foreign individuals and sponsoring enterprises is whether deportation will be imposed immediately, or whether criminal liability must still be borne in Vietnam like Vietnamese citizens.
In practice, deportation is not automatically applied in every case. Vietnamese law provides specific regulations on the conditions, authority, and legal consequences of deportation. Without a proper understanding, foreigners may underestimate legal risks, while enterprises may face the loss of key personnel or potential joint liabilities.
Under Vietnamese criminal law, deportation may be applied to foreigners who commit crimes in one of the following forms:
As a principal penalty; or
As an additional penalty imposed after the completion of the principal sentence.
This means that not every foreigner who commits a crime in Vietnam will be deported immediately. The court will consider the nature and severity of the offense, the offender’s personal background, and any mitigating or aggravating circumstances before making a decision.
The answer is no. In many cases, foreigners are still required to serve prison sentences in Vietnam like Vietnamese citizens. Deportation is only applied when the court determines that continued residence in Vietnam is unnecessary, or when deportation does not adversely affect national security or foreign relations.
This misunderstanding often leads individuals and enterprises to either underestimate the situation or experience unnecessary panic.
To fully understand whether foreigners who commit crimes in Vietnam may be deported, it is essential to examine the applicable legal regulations and real procedural risks.
Foreigners may be deported in the following situations:
Committing minor or less serious offenses with multiple mitigating circumstances;
Having no stable residence or long-term ties in Vietnam;
Continued residence in Vietnam is no longer necessary from a social, economic, or diplomatic perspective.
In such cases, the court may decide to impose deportation instead of imprisonment, or deportation after the prison sentence has been served.
Conversely, for serious, very serious, or particularly serious crimes, foreigners are generally not deported immediately. They must first fully serve their prison sentences in Vietnam, after which deportation may be considered as an additional penalty.
This creates significant risks related to time, legal costs, and reputation—especially for foreign professionals working for FDI enterprises.
Not only foreigners themselves are affected, but sponsoring enterprises may also face difficulties if they:
Fail to properly supervise foreign employees;
Do not fully understand their obligations to cooperate with authorities;
Allow labor, contractual disputes, or joint compensation liabilities to arise.
Many enterprises only recognize these risks once the case has entered the investigation stage, making resolution more costly and reactive.
Once the issue of whether foreigners who commit crimes in Vietnam may be deported is clarified, the next question is how to minimize risks and protect legitimate rights.
Early involvement of legal counsel can make a substantial difference. Lawyers can:
Analyze the alleged offense and assess the feasibility of deportation as an alternative to imprisonment;
Gather and present mitigating factors such as good character, first-time offenses, and cooperation with investigators;
Propose appropriate legal strategies to minimize detention or incarceration periods.
This approach is commonly chosen by foreigners seeking to quickly stabilize their lives and careers.
For enterprises—especially foreign-invested companies—regular legal consultation plays a critical role by:
Preventing risks during recruitment and management of foreign employees;
Establishing ready-made response plans for legal incidents;
Minimizing financial losses, reputational damage, and business disruptions.
You should seek legal assistance immediately when:
A foreigner is summoned by investigative authorities;
There is a risk of criminal prosecution or detention;
The enterprise is concerned about joint legal liability or business disruption.
Waiting for “clearer developments” often significantly reduces opportunities to protect legal rights.
In reality, foreigners who commit crimes in Vietnam are not always deported, but the legal risks are real and substantial. Proactively understanding the law and implementing appropriate legal strategies is the best way to protect both individuals and enterprises.
Are you facing a similar issue?
Contact DEDICA Law Firm for timely and effective legal advice tailored to your situation.
📞 Hotline: (+84) 39 969 0012 (WhatsApp, WeChat & Zalo available)
🕒 Working hours: Monday – Friday (8:30 AM – 6:00 PM)
Contact us now for a free initial consultation with our professional legal team.
Select a platform to view details
