What to Do If Arrested in Vietnam as a Foreign National

Vietnamese criminal procedure distinguishes between several forms of state custody. Administrative detention (typically up to 12 hours, extendable to 24) is used for identity verification and minor matters. Emergency arrest (Article 110 of the Criminal Procedure Code 2015) and arrest of a person caught committing an offence (Article 111) are short-term measures pending a formal decision. Custody (tạm giữ, Article 117) can hold a suspect for up to three days, extendable twice — meaning a person can be held in custody for up to nine days before formal temporary detention (tạm giam) is ordered by the Procuracy.

What this means in practice: from the moment of arrest, the clock starts. Within hours the police must inform the suspect of the alleged offence and rights; within 12 hours of the custody decision the family must be notified; within 24 hours the consulate of the foreign suspect's country must in principle be informed (though delays are common, which is why the family or counsel often reach the consulate first). The investigation agency files materials with the Procuracy, which decides whether to approve continued custody and any further detention.

If you are the person detained: stay calm. Do not sign anything you do not understand. Do not give substantive statements about facts before you have spoken with counsel. You are entitled to silence on substantive matters — your name, identification, and address are required, but the details of any alleged offence are not. Ask repeatedly, in writing if you can, for counsel and for consular notification.

If you are the family member who has just been called: your job in the first hours is to (1) confirm where the person is being held and under what authority; (2) contact the relevant consulate; (3) instruct Vietnamese counsel immediately, ideally counsel with experience in foreign-national matters. Do not assume the police will provide an interpreter or counsel — they may, but the quality and independence of state-provided counsel can vary, and an independent lawyer engaged by the family is almost always preferable.

Article 16 of the Criminal Procedure Code 2015 sets out the principle of guaranteed right to defence: every person against whom criminal proceedings are conducted has the right to defend themselves, or to be defended by a defence counsel. The right attaches from the moment of arrest or custody — not from the formal charging decision, and not from the trial.

Specifically, Article 58 (rights of an arrested person) and Article 60 (rights of an accused) guarantee, among other things: the right to be informed of the alleged offence; the right to know the rights themselves; the right to silence on substantive matters; the right to be examined in a language one understands (which means an interpreter for any foreign suspect not fluent in Vietnamese — and the interpreter must be qualified, not a fellow inmate or junior officer who happens to speak some English); the right to defence counsel; the right to family notification; the right to medical care; and the right to be free from coerced confessions.

The interpreter point matters more than people realise. Many of the foreign-national matters I have handled involve early statements taken with inadequate interpretation — sometimes a friend of the suspect, sometimes a junior officer, sometimes machine translation. Statements taken under inadequate interpretation are vulnerable on later challenge but are extremely hard to take back once made. If you are a foreign suspect: insist on a qualified, independent interpreter and refuse to give substantive statements without one.

Article 73 governs the right to counsel. Counsel must be permitted to attend interrogations, review the case file as it develops, communicate privately with the client, and prepare the defence. In practice, access in the early days can be uneven; experienced counsel knows how to push effectively for full access without alienating the investigators in ways that harm the client.

Vietnam is a party to the Vienna Convention on Consular Relations 1963. Article 36 of the Vienna Convention requires the receiving state to inform a detained foreign national, without delay, of their right to have the consular post of their state notified — and, if the detained person so requests, to forward that notification. The detained person has the right to communicate with the consular post, and consular officers have the right to visit, communicate with, and arrange legal representation for their nationals.

What your consulate will do varies by country. Most consulates will: visit the detainee in custody (typically within days, sometimes longer in remote areas); provide a list of local lawyers (note: a list, not a recommendation — embassies are usually careful not to endorse specific firms); communicate with family members in the home country; ensure that consular access is being respected and that obvious abuses are not occurring; and observe major hearings.

What your consulate will not do: pay for your lawyer; intervene in the substance of the proceedings; arrange for your release; or override Vietnamese sovereignty in criminal matters. The consulate is there to ensure the process is followed and that you are not abandoned, not to extract you from a Vietnamese legal proceeding.

For families in the home country: contacting the consulate or embassy of the detained person's country is one of the first practical steps. Many embassies have 24-hour emergency lines for citizens in distress abroad. Embassies in Hanoi cover central and northern Vietnam; consulates in Ho Chi Minh City cover the south. For matters in Da Nang, Nha Trang, or other cities, regional consular cover varies — your embassy in Hanoi can advise.

One of the most consequential issues in foreign-national matters is the characterisation of the underlying conduct as criminal rather than civil. Vietnam's criminal law contains broad offences — fraud (Article 174 of the Criminal Code 2015), abuse of trust to appropriate property (Article 175), and several economic-crime offences — that can apply to conduct that in many Western jurisdictions would be a purely civil dispute.

I see this pattern repeatedly: a commercial counterparty (often a Vietnamese partner or supplier) pursues criminal complaint against a foreign businessperson over what is fundamentally a contract dispute. The complaint may be filed strategically, to create leverage in commercial negotiations. The investigation begins, the foreign person may be detained or placed under travel restrictions, and what should have been a civil court matter is now a criminal proceeding with custody implications.

The defence response in these cases is twofold. First, factual: demonstrate that the conduct lacks criminal intent and that the dispute is genuinely civil — payment delays, contract performance disputes, accounting disagreements — rather than fraudulent. Second, procedural: engage with the investigation agency and the Procuracy to argue for declassification from criminal to civil. Vietnamese prosecutors do, when properly briefed, drop matters that should not have been criminalised — but the briefing has to be done early, professionally, and with the right evidentiary framework.

For traffic matters, the criminal / administrative line is also important. Most traffic incidents are administrative; serious accidents involving injury or death can become criminal under Articles 260-262 of the Criminal Code. Drug matters are uniformly serious — Vietnamese drug law is among the most severe in the region, and even small quantities can attract significant sentences. Immigration matters (overstaying, working without a work permit) are typically administrative but can escalate to criminal in cases involving forged documents or systematic violations.

Vietnamese law provides for several alternatives to pre-trial detention. Bail (đặt tiền để bảo đảm, Article 122 of the Criminal Procedure Code) allows release against a monetary deposit. Bail by guarantee (bảo lĩnh, Article 121) allows release into the custody of an organisation or qualifying individual who guarantees the suspect's appearance. Travel restrictions (cấm đi khỏi nơi cư trú, Article 123) keep the person at their registered residence pending proceedings.

Bail under Article 122 is not, in practice, available in every case. The Procuracy or court considers the seriousness of the alleged offence, the risk of flight, the risk of further offences, the risk of obstruction of the investigation, and the suspect's personal circumstances (residence, family, occupation, prior record). For foreign nationals, the flight-risk factor weighs heavily — and rebutting it requires careful evidentiary preparation: passport surrender, residence guarantees, employer or family undertakings, and sometimes electronic monitoring or daily reporting commitments.

The deposit amount is set by the Procuracy or court considering the seriousness of the offence and the assets of the accused. Deposits in serious commercial matters can be substantial. The deposit is returned if the suspect complies with all conditions and appears as required; it is forfeited (or partially forfeited) if conditions are breached.

In my practice, securing bail or a non-custodial measure for a foreign national requires: (1) a comprehensive package demonstrating ties to Vietnam and minimising flight risk; (2) consular engagement (a consulate's interest can be a moderating factor in custody decisions); (3) a legal argument on the merits showing that the case is weaker, or the conduct less serious, than the initial classification suggests; and (4) credible alternatives (residence guarantee, passport surrender, regular reporting). Not every case allows release before trial, but more cases do than foreign families initially expect.

Commercial dispute reframed as fraud. A Vietnamese supplier or business partner files a criminal complaint over a payment dispute, contract termination, or accounting disagreement. The foreign businessperson is summoned, sometimes detained, and finds the dispute now sitting on a prosecutor's desk. Defence: rapid civil-vs-criminal argument, factual rebuttal of intent, sometimes parallel civil mediation to demonstrate that the matter belongs in the civil courts.

Traffic incident with injury. Foreign driver involved in an accident causing injury or death. Vietnamese law presumes considerable fault on the larger vehicle in many configurations. Defence: technical evidence (CCTV, witnesses, accident reconstruction), prompt and appropriate compensation arrangements with affected families (which can be a significant mitigating factor), and ensuring procedural rights are observed.

Drug allegations. Vietnamese drug law is severe. Even small quantities can attract significant sentences; commercial-scale offences attract very long terms or worse. The first 48 hours in drug matters are critical — the early statements, the search, and any cooperation decisions all shape the trajectory. Counsel involvement from the earliest moment is essential. I do not advise foreign clients to negotiate drug matters on their own under any circumstances.

Immigration violations. Overstaying, working without a work permit, working in violation of permitted scope, residing at an unregistered address. These are typically administrative — fine and possible deportation — but can escalate where forged documents or systematic violation patterns are alleged. Defence and resolution often involve voluntary regularisation where possible, fine payment, and sometimes departure on agreed terms rather than deportation (which has different long-term consequences for re-entry).

Customs and tax matters. Allegations of under-invoicing, mis-classification, or tax evasion in connection with import/export or business operations. These are technical matters where the line between administrative penalty and criminal liability turns on the volumes involved and the alleged intent. Defence requires technical specialists in addition to criminal counsel.

For foreign nationals, the most important attributes in Vietnamese criminal counsel are: experience with foreign-national matters (the procedural and consular dimensions are different); fluent working English (or the client's working language); credibility with the relevant investigation agency and Procuracy (Vietnamese criminal practice is partly a relationship system, properly conducted); and willingness to be candid about the realistic range of outcomes.

What to expect on engagement: a written engagement letter setting out scope, fees, and conduct standards; rapid filing of the notice of defence (giấy đăng ký bào chữa) with the relevant authority; consular liaison if not yet established; family liaison; immediate review of any statements already made; and a defence strategy tailored to the case.

Fees in serious foreign-national matters vary considerably. Straightforward administrative-track matters and simple traffic cases are typically resolved on a fixed-fee basis. Serious criminal matters (commercial fraud allegations, drug cases, fatal traffic incidents) are typically billed on time-incurred plus disbursements, often with a meaningful retainer. Bail-package work is sometimes scoped separately. I provide written estimates and detailed billing on every matter.

Timeline expectations. The investigation phase under Vietnamese criminal procedure is typically two months, extendable; serious-crime investigations can extend to twelve months or longer. The Procuracy review (truy tố) takes 20-30 days. The first-instance trial generally occurs 30-60 days after the prosecutor's indictment. Appeals add 4-6 months. Bail or non-custodial release can compress the practical experience considerably even where the formal process takes longer.