The Cost of Winning a Criminal Case in Vietnam

An article from the perspective of a criminal litigation lawyer who has personally defended the accused and defendants in numerous criminal cases in Vietnam.
In recent years, the number of criminal cases involving foreign nationals violating the law in Vietnam has been steadily rising. Consequently, many families and relatives of the accused and defendants have turned to lawyers for legal advice and to retain defense counsel for their loved ones.
This article aims to help the families of the accused and defendants clearly understand:
➤ The criminal procedure in Vietnam when the accused or defendant is a foreign national.
➤ The time required to resolve a criminal case, from the moment the matter arises until it is brought to trial.
➤ The rights that foreign nationals need to know, and the right time to engage a lawyer.

In criminal cases, participants in the proceedings (the victim, the accused, the defendant, and persons with related rights and obligations) are not classified as “winners” or “losers” in the way parties to a civil case are. Accordingly, “winning the case” in this article is understood as achieving the best possible outcome for the client: being exonerated if no crime was committed, or receiving the most lenient penalty permitted by law.
However, the path to that outcome always demands a considerable “price” in terms of time, cost, and emotional toll. It also demands the dedication and diligence of a team of lawyers who are truly committed to the case.

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Contents

How Many Stages Does Criminal Procedure in Vietnam Involve?

Under the Criminal Procedure Code 2015, as amended and supplemented (the “CPC”), a criminal case passes through 5 stages: institution of proceedings, investigation, prosecution, trial, and enforcement of judgment. Each stage is handled by a different authority and is subject to its own statutory time limits. Certain errors, once the case has moved on to the next stage, can no longer be corrected.

Foreign nationals are often not fluent in Vietnamese, are unfamiliar with the Vietnamese legal system, and must endure separation from their loved ones. For them, a proper understanding of each stage is the first step toward protecting their own rights. For their families, a clear understanding of the procedure also helps ease their anxiety over time when a loved one becomes entangled in the law.

Institution of Criminal Proceedings

Grounds for institution: The competent authority issues a decision to institute criminal proceedings upon determining that there are signs of a crime (Article 143 of the CPC). The grounds for institution may be:
➜ A denunciation by an individual;
➜ A crime report from an agency or organization;
➜ A petition for prosecution;
➜ Direct detection by the competent authorities;
➜ Voluntary surrender by the offender.

Time limit: The time limit for resolving denunciations and crime reports is 20 days. For complex matters, this period may be extended, up to a maximum of 4 months in total (Article 147).

Key milestone: Once a decision to initiate criminal proceedings against the accused is issued (Article 179), the suspect officially becomes the accused. From this point onward, the accused may be subject to preventive measures and, at the same time, has the right to retain defense counsel.

Investigation of the Criminal Case

The investigation authority gathers evidence through interrogation, taking of statements, confrontation, searches, seizures, forensic examination, investigative experiments, and the like. The purpose is to clarify the criminal act and the person who committed it.
Investigation time limits (Article 172):

Category of crime	Initial time limit	Maximum (including extensions)
Less serious	2 months	4 months
Serious	3 months	8 months
Very serious	4 months	12 months
Particularly serious	4 months	16 months

For particularly serious crimes infringing upon national security, the investigation period may be further extended, up to a maximum of 20 months in total.
Risks specific to foreign nationals:
➜ Custody prior to the initiation of proceedings against the accused: If arrested in an emergency case or caught in flagrante delicto, a foreign national may be held in custody from the outset. The custody period may not exceed 3 days, and with extensions, may not exceed 9 days in total (Article 118).
➜ Preventive measures after proceedings are initiated: The accused may be subject to pre-trial detention, a prohibition from leaving their place of residence, and, notably, an exit ban (Article 124).
➜ Prolonged exit ban: The exit ban may remain in effect throughout the resolution of the case. As a result, a foreign national may be required to remain in Vietnam for many months, or even more than a year.
➜ The role of the lawyer: Where the conditions are met, the lawyer may request the procedure-conducting authorities to replace pre-trial detention with a guarantee (Article 121) or a deposit of money as security (Article 122).

Prosecution

The Procuracy reviews the case file and issues one of three decisions (Article 236):
1;. Prosecuting the accused before the Court by means of an indictment;
2;. Returning the case file for additional investigation;
3;. Suspending or temporarily suspending the case.
Time limits (Article 240):
➜ Less serious and serious crimes: 20 days, with an extension of no more than 10 days;
➜ Very serious crimes: 30 days, with an extension of no more than 15 days;
➜ Particularly serious crimes: 30 days, with an extension of no more than 30 days.

Trial

The Court conducts the trial to determine whether the defendant is guilty and to pronounce the sentence.
First-instance trial:
➟ The time limit for trial preparation is 30 days, 45 days, 2 months, or 3 months, depending on the category of crime.
➟ This time limit may be extended by a further 15 days (for less serious and serious crimes) or 30 days (for very serious and particularly serious crimes).
➟ After the decision to bring the case to trial is issued, the Court must open the hearing within 15 days, or within 30 days where there are legitimate reasons (Article 277).
➟ The hearing consists of the following parts: examination, oral argument, deliberation, and pronouncement of judgment.
➜ Appeal: The defendant has the right to appeal within 15 days from the date of pronouncement of the judgment (Article 333).
➜ Cassation and reopening: These are special procedures for reviewing judgments that have already taken legal effect.

Enforcement of Criminal Judgments

This is the stage at which legally effective judgments and decisions of the Court are enforced (Article 363 of the CPC; Law on Enforcement of Criminal Judgments 2019).
Specifically for foreign nationals:
➜ They may be subject to the penalty of expulsion (Article 37 of the Penal Code);
➜ They may request to be transferred to their home country to continue serving their prison sentence, under the Law on Transfer of Persons Serving Prison Sentences 2025 and the bilateral agreements to which Vietnam is a party.

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How Long Does a Criminal Case Last, from Its Inception to the First-Instance Trial?

Adding up the statutory time limits, from the receipt of a denunciation or crime report to the opening of the first-instance hearing, a case may last from approximately 5 months to more than 2 years, depending on the category of crime.

Category of crime	Without extensions	Maximum (with extensions)
Less serious	~5 months	~11.5 months
Serious	~6 months	~16 months
Very serious	~8 months	~21.5 months
Particularly serious	~9 months	~27 months

Note: The table above does not include the following periods:
➜ The period of additional investigation when the case file is returned (Article 174);
➜ The period during which the case is temporarily suspended;
➜ The special time limits applicable to crimes infringing upon national security;
➜ The period for the appellate trial.

In practice: Drawing on our experience in hundreds of criminal cases involving foreign elements, we have observed that the time required to resolve a case depends primarily on three groups of factors:

The nature and complexity of the case: the number of accused persons, the number of criminal acts, and whether forensic examination or asset valuation is required;
The foreign element: translation of documents, verification of identity, and requests for mutual legal assistance to foreign authorities;
The accused’s attitude in giving statements and the quality of the case file: whether the file is returned for additional investigation.

For simple cases in which the accused makes a sincere confession, the case is usually brought to trial after approximately 6–9 months. Economic crimes, drug crimes, or cases with complex foreign elements typically last 1–1.5 years, and in exceptional cases, even longer.

Rights Foreign Nationals Need to Know When Under Investigation or Prosecution in Vietnam

➜ The right to use one’s own language and to have an interpreter: The spoken and written language used in criminal proceedings is Vietnamese; however, participants in the proceedings have the right to use their own spoken and written language and must be provided with an interpreter (Articles 29 and 70 of the CPC). Every statement must be accurately interpreted before it is signed.
➜ The right to consular notification and access: Under Article 36 of the 1963 Vienna Convention on Consular Relations, a foreign national who is arrested, held in custody, or detained has the right to request that the consular post of their home country be notified, to communicate with it, and to be visited by consular officers.
➜ The right to a lawyer from the earliest stage: Defense counsel may participate in the proceedings from the moment proceedings are initiated against the accused. In cases of arrest or custody, the lawyer may participate as soon as the arrested person is present at the investigation authority’s office or from the issuance of the custody decision (Article 74 of the CPC).
➜ The right to request a change of preventive measures: A person subject to preventive measures has the right to request that pre-trial detention be replaced with a guarantee or a deposit of money as security, provided the statutory conditions are met.

Why Do I Need a Criminal Lawyer in Vietnam to Protect My Rights?

Whether this is the first time or not, being charged with a crime always has a profound impact on you. That pressure can impair your ability to make decisions, and a wrong decision, such as an ill-considered statement, may affect the entire course of the case thereafter.
You have the fundamental right to defend yourself or to retain a lawyer for your defense (Article 16 of the CPC), and a fair opportunity to protect yourself. A criminal defense lawyer understands every step of the proceedings, from the very first statement to the trial, and will help you prepare as thoroughly as possible for this ordeal.
The team of criminal defense lawyers at An Law Vietnam can stand by your side throughout your case.

What If I Do Not Have a Lawyer?
Criminal law is a complex and extensive field. Without a sound understanding of it, you are very likely to be unable to defend yourself effectively without an expert at your side. Meanwhile, the prosecuting party is the Procuracy, whose experienced procurators will use evidence and legal provisions to prove your criminal conduct.

At What Stage Should a Lawyer Join the Client?
Once the procedure has been explained, the question that nearly every family asks is: At what stage should a lawyer be engaged?
Our recommendation is always: as early as possible, ideally from the very first stage of the proceedings. For a detailed analysis of this issue, please refer to the article: [insert internal link].
With more than 20 years of criminal litigation experience dedicated exclusively to foreign clients in Vietnam, An Law Vietnam provides its clients with legal solutions that are strategic, reliable, and confidential.

Do Not Let Procedural Deadlines Decide for You

The first hours after an arrest or being taken into custody are when the first statement is recorded, and that statement will remain in the case file throughout the proceedings. For foreign nationals, the language barrier and unfamiliarity with Vietnamese law make this risk even greater.

Every stage of the proceedings has its time limits. Certain legal opportunities exist only within those time limits:
➜ Requesting a change of preventive measures: replacing pre-trial detention with a guarantee or a deposit of money as security;
➜ Requesting re-examination or re-valuation: where the initial conclusions show signs of a lack of objectivity;
➜ Collecting and supplementing evidence and mitigating circumstances: before the case file is transferred to the next stage.
Contact An Law Vietnam as soon as your loved one is taken into custody or summoned. We will:
➜ Conduct a confidential preliminary assessment of the case file;
➜ Participate in the defense from the earliest stage;
➜ Ensure that all of the client’s procedural rights are fully exercised.
Conscientious in every case – Ingenious in the way of thinking – Safe in each legal solution.
An Law Vietnam stands with clients and their families from the very first statement to the day the judgment is enforced.
Contact Us – An Law Vietnam | International Law Firm In Vietnam
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
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