How Are Foreigners Penalized for Using Drugs in Vietnam?

Using drugs in Vietnam can lead to serious legal consequences for foreigners. In practice, many foreign nationals find themselves questioned by the police, temporarily detained, or even criminally investigated simply due to a lack of legal knowledge, misunderstanding of local laws, or language barriers.

Will drug use automatically lead to imprisonment?
Can a foreigner be deported from Vietnam?
And most importantly, what should a foreign national do to protect their lawful rights in such a situation?

This article is shared from the perspective of a criminal defense lawyer, aiming to help you understand the legal framework accurately and take safe, well-informed actions in compliance with Vietnamese law.

Which Laws Apply to Foreigners Using Drugs in Vietnam?

First and foremost, it is essential to understand a fundamental legal principle:
Foreigners living, working, or traveling in Vietnam are subject to Vietnamese law, including regulations on drug prevention and control.

Depending on the nature of the conduct, severity of the violation, and specific circumstances of each case, a foreigner may be subject to administrative penalties or criminal liability under Vietnamese law.

If a Foreigner Only Uses Drugs, Will They Go to Prison?

This is the biggest concern for many foreigners who test positive for drugs in Vietnam.

Administrative penalties for drug use

Under current Vietnamese law, the act of using illegal drugs alone—without accompanying acts such as possession, purchase, sale, or transportation—does not constitute a criminal offense. Instead, it is generally handled as an administrative violation.

However, it is important to note that not being criminally prosecuted does not mean there are no serious consequences, especially for foreign nationals.

Risk of Deportation from Vietnam

For foreigners, in addition to administrative penalties, competent authorities may impose deportation if the violation is deemed to affect public order or social safety.

In practice, many foreign nationals have faced:

• Visa cancellation
• Orders to leave Vietnam within a short period
• Temporary bans on re-entering Vietnam

Whether deportation is applied depends on the specific assessment of the authorities. There is no automatic or mandatory deportation rule in all cases.

When Can Drug Use Lead to Criminal Prosecution?

This is a very fine legal line that many foreigners do not anticipate.

Drug use combined with drug possession

Under the Vietnamese Criminal Code, any act of illegal drug possession may result in criminal prosecution, even if the drugs are intended solely for personal use.

Vietnamese law does not distinguish between possession for use and possession for sale when determining criminal liability. As long as the legal elements of the offense are satisfied (type of drug and minimum quantity), the case may be formally prosecuted.

Situations That May Escalate into a Criminal Case

In practice, lawyers frequently encounter cases where:

• Drugs are found in a hotel room or rented apartment
• Multiple people are using drugs in the same location
• Ownership of the drugs cannot be clearly determined
• A foreigner signs police records or statements without fully understanding their contents

Even a small mistake at the early investigation stage can significantly affect the outcome of the entire case.

What Should a Foreigner Do When Invited by the Police for Suspected Drug Use?

This is an extremely sensitive stage, yet it is often underestimated.

Stay calm and understand your rights

When working with Vietnamese authorities, foreign nationals have the right to:

• Be provided with an interpreter if they are not fluent in Vietnamese
• Be informed of the reason for the police invitation
• Engage a lawyer from the earliest stage of the process

Signing statements or written records without fully understanding them may cause serious disadvantages later.

Avoid making assumptions about legal consequences

Each case is unique. The outcome depends on case files, evidence, statements, and specific circumstances. Foreigners should not rely on rumors, hearsay, or comparisons with other cases.

Legal disclaimer: This article is for general information purposes only and does not replace legal advice for any specific case.

The Role of Lawyers in Protecting Foreigners’ Rights in Drug-Related Cases

In drug-related matters—especially those involving foreign nationals—a lawyer does more than simply provide defense. The lawyer acts as a legal guide throughout the process.

Legal assistance may include:

• Clearly explaining the client’s rights and obligations
• Participating in meetings with investigating authorities
• Reviewing evidence and assessing criminal risk
• Proposing appropriate legal strategies to minimize exposure
• Protecting the client’s lawful rights throughout criminal proceedings

Early involvement of a lawyer often helps prevent avoidable mistakes, particularly for those unfamiliar with Vietnamese law.

DEDICA Law – Supporting Foreign Nationals in Criminal Matters in Vietnam

DEDICA Law is a law firm based in Ho Chi Minh City, with a team of lawyers who have previously worked at international law firms and multinational corporations. In practice, DEDICA regularly:

• Advises and protects foreign nationals under investigation or prosecution in criminal cases in Vietnam
• Assists foreigners in working with the police, procuracy, and courts
• Provides legal strategies to minimize risks and safeguard clients’ lawful rights and interests

We understand that facing legal issues in a foreign country is not only a legal challenge, but also a personal and emotional one. What clients need is not just legal knowledge, but clear guidance and reliable support.

Contact DEDICA Law Firm for Professional Legal Support

📞 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!