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Foreigners accused of harassment or sexual assault in Vietnam may be required to work with the police, participate in verification and investigation procedures, and may even be subject to criminal liability depending on the nature of the case. In practice, many foreigners and their family members are not fully aware of the handling procedures, as well as their rights and obligations when being summoned, giving statements, or when procedural measures are applied. This often leads to misunderstandings about the seriousness of the case or inappropriate responses.
This article provides an overview of the handling procedures under Vietnamese law in cases where foreigners are accused of harassment or sexual assault, helping readers gain an accurate and comprehensive understanding of the relevant legal steps.
When receiving information that they have been “accused,” many foreigners fear that they will be arrested immediately or taken into detention. In reality, not all accusations result in arrest.
Under the 2015 Criminal Procedure Code of Vietnam (as amended and supplemented), competent authorities must conduct verification and collect initial evidence before applying any preventive measures.
In other words, being accused does not automatically mean being guilty.
Depending on the nature and severity, the accused conduct may be considered under different legal provisions, most commonly including:
Sexual harassment: may be subject to administrative penalties under Decree No. 144/2021/ND-CP if it does not reach the threshold for criminal prosecution.
Sexual assault: may be subject to criminal liability under the 2015 Penal Code (as amended), such as offenses related to sexual coercion, rape, or molestation.
Correctly classifying the conduct is extremely important, as it directly affects the handling approach, level of legal risk, and the rights of the accused.
According to the law, an accused person may only be subject to measures such as temporary detention or pre-trial detention when there are clear grounds indicating that:
There are signs of a serious crime;
There is a risk of absconding;
There is a possibility of destroying evidence or obstructing the investigation.
Understanding the procedure helps the accused remain calm and act more proactively, avoiding serious mistakes in the early stages.
Upon receiving a complaint or report, the investigative authority will:
Record the statement of the complainant;
Collect initial evidence (messages, camera footage, witnesses, etc.);
Summon the accused (the foreigner) to work with the authorities.
At this stage, the case may not yet be formally initiated. However, all statements and actions may later be used as evidence.
When working with the police in Vietnam, foreigners have important rights, including:
The right to have a lawyer participate from the earliest stage;
The right to request an interpreter if they are not proficient in Vietnamese;
The right not to be compelled to incriminate themselves.
In practice, many foreigners, due to carelessness or excessive anxiety, voluntarily explain, send apology messages, or admit unfavorable facts without realizing the legal consequences.
This is one of the most common risks lawyers encounter when cases are handled too late.
In cases involving accusations of harassment or sexual assault in Vietnam, foreigners may face multiple legal risks arising simultaneously with the criminal investigation. These risks stem not only from the alleged conduct itself but also from how they work with procedural authorities and their lack of understanding of the Vietnamese legal system.
Some believe the matter is purely private. However, Vietnamese criminal law is based on conduct and evidence, not on the willingness of the parties to reconcile in many cases.
Even if the victim withdraws the complaint, the case may still proceed if investigative authorities determine that there are signs of a crime.
In parallel with criminal proceedings, foreigners may also face:
Cancellation or non-renewal of visas;
Revocation of work permits;
Deportation after the case is concluded (depending on the circumstances).
This is why developing a comprehensive legal strategy, rather than focusing solely on the criminal case itself, is critically important.
Lawyers do not merely accompany clients during police meetings; they help shape the overall legal strategy for handling the case.
Depending on the stage, a lawyer may:
Analyze the accused conduct from a legal perspective;
Assess favorable and unfavorable evidence;
Guide safe and appropriate responses during questioning;
Protect the client’s rights throughout investigation, prosecution, and trial;
Coordinate handling of issues related to immigration and residence.
An important note: lawyers cannot and are not permitted to guarantee case outcomes. However, early involvement of a lawyer helps minimize risks and avoid irreversible mistakes.
The short answer is: as early as possible.
Especially when:
You are summoned by the police;
You receive information that a complaint has been filed;
Or a family member is temporarily detained in connection with a criminal case in Vietnam.
Waiting to “see how things go” often results in the loss of important legal advantages.
Key points for foreigners accused of harassment or sexual assault in Vietnam:
Remain calm; do not flee or leave Vietnam without legal advice;
Do not sign any documents without fully understanding their contents;
Do not contact, negotiate with, or apologize to the accuser without consulting a lawyer;
Preserve all relevant documents, messages, and evidence.
Actions that appear to be “goodwill” may sometimes become significant legal disadvantages.
If you or a family member is a foreigner accused of harassment or sexual assault in Vietnam, feelings of fear are understandable. However, each case has its own context and handling approach, and Vietnamese law provides mechanisms to protect human rights when applied correctly.
This article is for general reference only and does not replace specific legal advice from a lawyer for any individual case.
If you are facing a similar issue, please contact DEDICA Law for timely and appropriate legal consultation.
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