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When a foreigner is summoned by the Vietnamese police, placed under investigation, or arrested in connection with a criminal case, fear often comes not only from potential legal consequences but also from language barriers, differences in legal systems, and a strong sense of isolation.
How does the criminal procedure in Vietnam actually work? What rights does a foreigner have? Is imprisonment inevitable?
This article, from the perspective of DEDICA Law Firm, aims to help you understand the process correctly, remain calm, and take appropriate action based on current Vietnamese law.
Legal disclaimer: This content is provided for general information and guidance only and does not predetermine the outcome of any specific criminal case. Case outcomes depend on evidence, case files, and the decisions of competent authorities.
Many foreigners believe that committing a crime in Vietnam automatically leads to harsher treatment or a lack of legal protection. In fact, Vietnamese law applies the principle of equality before the law, regardless of nationality, under Article 5 of the 2015 Penal Code (as amended in 2017).
In general, criminal procedures involving foreigners follow the same stages as those for Vietnamese citizens, including:
receipt of crime reports – initiation of criminal proceedings – investigation – prosecution – trial – enforcement of judgment, in accordance with the 2015 Criminal Procedure Code (as amended in 2025).
However, due to international elements, such cases are often more complex and time-consuming.
Foreigners involved in criminal cases in Vietnam often worry about:
For these reasons, understanding the procedure from the outset is critical to protecting one’s lawful rights.
Not every case involving a foreigner is legally classified as a “case with foreign elements.” In practice, however, such cases are identified based on jurisdiction and procedural characteristics, pursuant to Articles 268–271 and Clause 3, Article 499 of the 2015 Criminal Procedure Code.
Most of these cases fall under the investigative jurisdiction of provincial-level police authorities and are tried by provincial-level People’s Courts, unless the case is simple and does not involve international cooperation.
This is the section most readers are concerned about—and also the one most likely to cause confusion if not clearly explained. Below, DEDICA outlines each stage in accordance with Vietnamese law.
The process begins when the investigation authority receives a crime report, criminal denunciation, recommendation for prosecution, or voluntary confession (Articles 144–145 of the Criminal Procedure Code).
For foreigners, once there are grounds to initiate criminal proceedings, procedural authorities must notify the Ministry of Foreign Affairs to coordinate with the relevant embassy or consulate, in accordance with Article 36 of the 1963 Vienna Convention on Consular Relations. This is a legal right, not preferential treatment, intended to ensure consular protection and initial legal assistance.
After initiation, the investigation authority conducts activities such as interrogations, confrontations, searches, and forensic assessments, in accordance with Articles 163–172 of the Criminal Procedure Code.
If evidence must be collected from abroad, judicial entrustment procedures under the 2007 Law on Mutual Legal Assistance may apply, potentially extending the process by an additional 6–12 months.
Upon completion of the investigation, the case file is transferred to the People’s Procuracy to:
For cases involving foreign elements, this stage often takes longer due to the need to review international procedures and ensure human rights protections.
The court conducts a first-instance trial and may proceed to appellate review if there is an appeal or protest (Articles 276 and 331 of the Criminal Procedure Code).
Not all criminal cases result in imprisonment. Courts consider the nature and severity of the offense, personal background, and mitigating circumstances when determining penalties.
Under Article 37 of the 2015 Penal Code, deportation may be imposed as a principal or additional penalty for foreigners who commit less serious crimes.
In certain cases:
Such outcomes are not automatic and depend entirely on the specifics of each case.
Under the 2015 Criminal Procedure Code, foreigners subject to investigation, prosecution, or trial in Vietnam enjoy full fundamental procedural rights.
They have the right to be informed of the reasons for arrest, temporary detention, or investigation, as well as the specific conduct alleged to violate the law. This is a foundational right enabling self-defense.
Foreigners also have the right to engage a lawyer from the earliest stage and may request the replacement of procedural officials if there are grounds to believe the case is being handled unfairly. Vietnamese law strictly prohibits torture and coercion, and individuals have the right to lodge complaints if violations occur.
A particularly important but often overlooked right is the right to a free interpreter if the individual is not proficient in Vietnamese. Statements and procedural records are only valid when the participant fully understands their content. Additionally, foreigners have the right to consular protection, meaning their embassy or consulate must be notified in accordance with international law.
Where the victim is a foreigner, Vietnamese law likewise guarantees the right to participate in proceedings to protect lawful interests, including claiming damages, submitting evidence, expressing opinions, and appointing legal representatives.
Based on DEDICA’s experience in criminal cases involving foreign elements, foreigners often face significant practical difficulties. Language barriers are the most prominent, making interactions with authorities stressful and prone to misunderstanding.
Many foreigners also have short-term stays, visas nearing expiration, or uncertainty regarding their legal residence status during the investigation. Distance from family members in other countries further limits psychological and legal support. Additionally, international procedures often prolong case resolution, creating significant pressure for those involved.
From practical experience, DEDICA lawyers strongly recommend that foreigners contact legal counsel immediately upon being summoned by the police, rather than waiting until prosecution or trial stages.
In criminal cases involving foreigners, lawyers do not only appear at trial. In reality, legal representation should begin early to safeguard human rights and procedural rights throughout the investigation process.
At DEDICA, we regularly advise and represent foreigners under investigation or prosecution in Vietnam; foreigners who are victims in criminal cases; and families and businesses with foreign elements involved in criminal proceedings.
If you or a family member is a foreigner who has been summoned by the police, is under investigation, temporarily detained, or is a victim in a criminal case in Vietnam, we strongly encourage you to contact DEDICA as early as possible—before critical legal decisions are made.
📞 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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