Why Are Foreigners Sometimes Kept Overnight at Police Stations in Vietnam?

Being kept overnight at a police station in Vietnam often causes foreigners significant anxiety, fear, and concern about the risk of arrest, detention, or deportation. Does this situation mean that a crime has already been committed? How are the legal rights of foreigners protected under Vietnamese law in such cases?

Is It Serious If a Foreigner Is Kept Overnight at a Police Station?

In practice, being kept overnight at a police station does not always mean that a foreigner has committed a crime or has been formally arrested. However, this is also not a situation that should be taken lightly.

Without a clear understanding of the legal basis and one’s rights, foreigners may easily find themselves in a disadvantaged position when working with investigative authorities.

The key is to properly understand the legal nature of being “kept overnight”, so that appropriate actions can be taken to protect one’s legitimate rights and interests.

Being Kept Overnight Does Not Automatically Mean an Arrest

Under Vietnamese law, arrest is a strict criminal procedural measure that must be based on lawful grounds and an official decision issued by a competent authority.

Meanwhile, being held temporarily or required to stay for further questioning may arise from various reasons and does not necessarily constitute a criminal arrest.

That said, the line between these measures can be quite “thin,” especially for foreigners who are unfamiliar with the Vietnamese language and legal procedures. This is precisely where legal counsel plays a crucial role.

Legal Grounds for Keeping Foreigners Overnight at Police Stations

To properly assess the situation and provide reassurance, it is important to look at the current legal grounds that allow the police to keep an individual overnight. The following bases are provided under the Vietnamese Criminal Procedure Code 2015 (as amended) and related applicable regulations.

Emergency Holding (Urgent Custody)

Under the Criminal Procedure Code, competent authorities may hold a person in urgent cases if there are grounds to believe that the person:

• Is preparing to commit a serious or particularly serious crime
• Has committed an act showing signs of a criminal offense and may flee
• Is likely to destroy evidence or obstruct the investigation

In such cases, a foreigner may be kept overnight for initial verification purposes. However, emergency holding is strictly limited in duration and must comply with procedural approval requirements.

Important note: being held in urgent custody does not automatically mean that criminal charges will follow. Many individuals are released once the facts are clarified.

Temporary Detention for Verification of Violations

Pursuant to Article 117 of the Criminal Procedure Code, temporary detention is a measure used to:

• Verify acts showing signs of criminal offenses
• Prevent suspects from fleeing or continuing violations

The initial period of temporary detention may not exceed three days, with possible extensions as permitted by law. During this period, the detainee is typically required to remain at a police station or detention facility, including overnight.

This situation commonly arises for foreigners involved in cases such as:

• Assault or disturbance of public order
• Traffic accidents with serious consequences
• Suspected use or possession of prohibited substances
• Disputes showing criminal elements

Involvement in Serious Administrative Violations

Not all cases of overnight holding involve criminal matters. Under the Law on Handling of Administrative Violations, police may temporarily hold individuals in certain exceptional situations in order to:

• Verify identity
• Immediately prevent dangerous behavior

Examples include:

• Failure to present a valid passport or visa
• Suspected illegal residence
• Acts seriously affecting public security or order

However, administrative holding is also subject to strict legal limits, and foreigners’ fundamental rights must still be respected and protected.

Rights of Foreigners When Kept Overnight at a Police Station

This is an area that many foreigners are not clearly informed about, leading to fear and passivity. Under Vietnamese law and international conventions to which Vietnam is a party, foreigners have the following key rights:

Right to Be Informed of the Reasons and Legal Grounds

Police authorities are obligated to clearly inform the individual of the reason for being held, the legal basis, and their procedural status (e.g., witness, person held, person temporarily detained).

If you do not understand Vietnamese, you have the right to request an interpreter.

Right to Contact a Lawyer

Foreigners have the right to seek legal counsel from the very early stage, without waiting until formal charges are initiated.

In practice, early involvement of a lawyer significantly reduces legal risks, helping avoid unfavorable statements caused by misunderstanding, stress, or language barriers.

Right to Notify Consular Authorities

In accordance with international practice, a foreigner who is held has the right to request notification of their Embassy or Consulate in Vietnam.

Major Risks of Not Having Early Legal Representation

From DEDICA Law’s practical experience, many cases become complicated simply because foreigners work with the police without timely legal advice.

Common risks include:

• Signing official records without fully understanding their content
• Providing inaccurate statements due to stress or language barriers
• Not knowing when the right to remain silent may lawfully apply
• Failing to distinguish between administrative and criminal proceedings

Possible consequences may include:

• Prolonged holding or detention periods
• Unnecessary criminal charges
• Negative impacts on visas, work permits, or legal residence in Vietnam

How DEDICA Law Supports Foreigners in These Situations

DEDICA Law is a Ho Chi Minh City–based law firm with extensive experience advising and protecting the rights of foreigners in criminal and pre-criminal matters in Vietnam.

Our legal support includes:

• Accompanying clients during meetings at police stations
• Clearly explaining legal status and realistic risks
• Advising on appropriate legal strategies and lawful statements
• Coordinating with embassies or consulates when necessary
• Protecting clients’ legitimate rights in full compliance with Vietnamese law and procedures

Legal disclaimer: Each case involves specific circumstances. This article is for general reference only and does not constitute a guarantee of outcomes or immunity from criminal liability.

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!