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Does leaving Vietnam really help you “escape” criminal liability, or could it actually increase your legal risks? Many foreigners who are invited to work with the police or are under investigation feel anxious and immediately consider leaving the country. However, Vietnamese law is not as simple as rumors suggest. Understanding the law correctly and choosing the right approach early can help you avoid serious and unpredictable legal consequences.
A common fear among foreigners involved in a criminal case in Vietnam is: If I have already left Vietnam, will the authorities still pursue the case? This question often arises as soon as someone receives an invitation to work with the police, a decision on criminal charges, or hears that an investigation may be underway. In reality, the legal situation is not as simple as “leaving and being done with it.” Whether criminal liability continues depends on factors such as nationality, the alleged conduct, the procedural stage of the case, and the international treaties to which Vietnam is a party.
In this section, a lawyer will help you properly identify legal risks, avoid panic-driven assumptions, and understand safe legal options before the situation escalates further.
Under the 2015 Penal Code of Vietnam (as amended in 2017), Vietnamese criminal law applies based on the territorial principle. In other words, any criminal act committed within Vietnamese territory may be handled under Vietnamese law, regardless of the offender’s nationality (Article 5).
This means that:
If the alleged criminal act occurred in Vietnam, leaving the country does not automatically terminate criminal liability.
Vietnamese authorities still have the right to initiate criminal charges, conduct investigations, and prosecute if there is sufficient legal basis.
In practice, foreigners are not discriminated against, but there are certain specific mechanisms applicable to foreign nationals, including:
The right to have their embassy or consulate notified;
The possibility of deportation being applied instead of, or in addition to, criminal penalties;
Consideration of international treaties, mutual legal assistance agreements, and extradition treaties.
However, it is important to note that there is no legal provision allowing exemption from criminal liability simply because a person has left Vietnam.
This is often the most concerning issue. The answer depends largely on when the person left Vietnam and the legal status of the case at that time.
If you:
Have only been invited to work with the authorities;
Have not been formally charged as a criminal suspect;
Have not been subject to preventive measures (such as exit bans or detention),
then legally, leaving Vietnam may not be considered a violation if no exit ban has been issued. However:
Investigators may continue verifying the case after you leave;
If sufficient evidence later emerges, the case may still be formally initiated.
The key point is: legal exit does not mean absolute safety.
If there has been:
A formal decision to charge you as a suspect;
An order prohibiting you from leaving your place of residence or from exiting Vietnam;
Or you are already in the official investigation stage,
and you leave Vietnam, then:
You may be considered as evading justice;
Investigators may issue a wanted notice under the Criminal Procedure Code;
In serious cases, the file may be transferred for international wanted notices through Interpol.
This represents a significant legal risk, often leading to long-term consequences for travel and residence in multiple countries.
Many foreigners believe that Vietnam “cannot reach them” once they are in another country. This assumption is incomplete.
Vietnam may request extradition if:
There is an extradition treaty or mutual legal assistance agreement with the country where you reside;
The alleged offense is not a political crime and does not fall under mandatory refusal grounds;
The seriousness of the offense meets extradition thresholds.
In practice, not all cases lead to extradition, but the risk is real, especially in cases involving economic crimes, fraud, or property offenses.
Under the Criminal Procedure Code, trials in absentia may occur in certain circumstances, such as:
The accused is wanted and evading arrest;
The absence does not prevent the court from conducting the trial.
This means that a judgment may still be rendered, which can directly affect you if you return to Vietnam in the future.
At DEDICA Law, we regularly meet foreign clients who are anxious, confused, and relying on hearsay or unfounded advice. In reality, each criminal case requires a tailored legal strategy.
Leaving Vietnam without understanding your legal status may:
Worsen your legal position;
Be viewed by investigators as non-cooperation;
Close off opportunities for more flexible solutions (such as bail, suspension, or exemption where legally applicable).
An initial case assessment with a criminal lawyer can help clarify:
Your current procedural status;
Whether there is a risk of an exit ban;
Safe options for working with authorities, authorizing representation, or lawful exit if necessary.
A lawyer cannot “guarantee outcomes,” but can:
Guide you on how to properly work with investigators;
Protect your lawful rights and avoid harmful statements;
Propose the least risky legal solutions within the framework of the law.
Professional note: Each criminal case has its own characteristics. This article is for general reference only and does not replace case-specific legal advice.
If you are a foreigner who:
Is being invited to work with authorities or under investigation;
Has left Vietnam but is concerned about legal risks;
Or is a family member of someone arrested or investigated in Vietnam,
seeking legal advice early may help you avoid irreversible consequences.
Contact DEDICA Law for strategic criminal law advice tailored to your situation.
📞 Hotline: (+84) 39 969 0012 (WhatsApp, WeChat, Zalo available)
🕒 Working hours: Monday – Friday (8:30 – 18:00)
Contact us now for a free initial consultation with our professional legal team.
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