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How long is the maximum detention period for foreigners in Vietnam? This question causes great anxiety for many families when their loved one is suddenly arrested or placed in detention in a criminal case. Differences in law, language, and criminal procedure in Vietnam make the situation even more stressful, especially when it is unclear how long a person may be held. In this article, DEDICA analyzes the current legal basis and important notes to protect lawful rights. The content is for general advisory purposes and will depend on each specific case.
Many people worry that foreigners may be “detained indefinitely.” In reality, Vietnamese law does not allow unlimited detention. The detention period is clearly regulated in the 2015 Criminal Procedure Code and applies regardless of nationality.
Under Article 173 of the 2015 Criminal Procedure Code, the detention period for investigation depends on the seriousness of the charged offense:
Less serious crimes: up to 2 months, extendable but not exceeding 4 months in total.
Serious crimes: up to 3 months, extendable but not exceeding 7 months in total.
Very serious crimes: up to 4 months, extendable but not exceeding 12 months in total.
Particularly serious crimes: up to 4 months, extendable multiple times but not exceeding 16 months in total.
Thus, during the investigation stage, detention may last from several months up to approximately 16 months, depending on the nature of the case. Any extension must be based on a lawful decision by the investigating authority. Automatic extension is not permitted.
After the investigation concludes, the case file is transferred to the Procuracy for prosecution and then to the Court for trial.
Prosecution stage: detention may last from 20 to 30 days.
First-instance trial preparation: 30 to 90 days; detention may continue during this period.
If there is an appeal, detention may be extended according to the appellate court’s decision.
Therefore, total detention may span multiple procedural stages, but all decisions must have a clear legal basis.
Legally, there is no discrimination in detention periods based on nationality.
However, in practice, foreigners may face difficulties in applying alternative measures (such as bail or prohibition from leaving residence) due to:
No stable residence in Vietnam
No relatives to guarantee
Risk of leaving Vietnam
Expired visa or work permit
This may result in detention being maintained longer in some cases.
Early legal strategy is therefore crucial. Lawyers may assist by:
Working with investigators to propose alternative measures
Preparing guarantee applications
Proving residence, employment, and cooperation
Coordinating with consular authorities
DEDICA has represented many foreign clients in criminal cases in Vietnam, ensuring detention decisions comply with the law.
Not all cases require detention until the end of proceedings.
Authorities may apply alternative measures such as:
Bail
Monetary deposit
Prohibition from leaving residence
Application depends on factors such as the nature of the offense, background, cooperation, and risk of absconding.
No lawyer can guarantee release or a specific outcome. However, an appropriate legal strategy helps minimize risks and protect rights within the law.
When a foreigner is detained, families should:
Clarify the procedural stage
Determine whether detention has been extended
Identify the charged offense
Cases involving foreigners are often more complex and may require interpreters and coordination with consular offices.
DEDICA Law Firm, based in Ho Chi Minh City, regularly advises and defends foreign clients in criminal matters. We do not promise outcomes, but we are committed to transparency and protecting lawful rights.
Detention in Vietnam is not indefinite. The law clearly regulates each stage and level of offense.
If you or your loved one is a foreigner detained or under criminal investigation in Vietnam, do not wait until the situation escalates.
Are you facing a similar issue?
Contact DEDICA Law for the most appropriate legal strategy.
Hotline: (+84) 39 969 0012 (WhatsApp, WeChat, Zalo available)
Working hours: Monday – Friday (8:30 – 18:00)
Contact us for a free initial consultation.
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