Criminal Procedure in Vietnam | From Initiation to Trial

(Updated 2025)
Criminal procedure is one of the most important pillars of the Vietnamese legal system, playing a central role in the detection of crimes, investigation, prosecution of criminal liability, while at the same time safeguarding human rights, civil rights, and social order.
⇗ Pursuant to the 2015 Criminal Procedure Code, criminal proceedings consist of the following stages:
initiation – investigation – prosecution – trial – enforcement of judgments – review of judgments.
This article is prepared by An Law Vietnam | International Law Firm In Vietnam, with the aim of assisting:
➤ Individuals, enterprises, and foreign nationals in Vietnam
➤ Persons who are under investigation or prosecution, or whose relatives are involved in criminal cases
➤ To gain a clear understanding of the entire chain of criminal procedure “From Initiation to Trial”, thereby proactively protecting their lawful rights and interests.

Contents

What Is Criminal Procedure?

(What foreigners in Vietnam must “should” understand)
For foreign nationals living, working, or investing in Vietnam, criminal procedure is not merely a legal concept, but a State power mechanism that is activated when an individual is suspected, investigated, or prosecuted for criminal liability.
Criminal procedure refers to the entire sequence of legal processes and procedures conducted by competent Vietnamese authorities in order to:
➤ Determine whether a specific act constitutes a criminal offense under the Vietnamese Criminal Code
➤ Clarify who committed such act and the corresponding level of criminal liability
➤ Ensure that enforcement is carried out against the right person – for the right offense – based on proper legal grounds, thereby avoiding abuse of power or serious errors
Throughout this process, a series of complex legal relationships arise between:
➤ Procedural authorities: Investigation Agencies, the People’s Procuracy, and the Courts
➤ Procedural officials: Investigators, Prosecutors, and Judges
➤ Procedural participants: suspects, defendants, victims, related persons, and criminal defense lawyers
For foreign nationals, this is a stage of high legal risk due to:
➤ Language barriers
➤ Significant differences between the Vietnamese legal system and the familiar Common Law / Civil Law systems
In Common Law systems:
➟ Lawyers participate at a very early stage
➟ Lawyers have proactive authority to collect evidence
➟ Adversarial proceedings play a central role
In Vietnam:
➟ Lawyers may only participate after a decision on criminal prosecution has been issued
➟ Access to case files and evidence is restricted by procedural stages
➟ The role of lawyers is limited to defense within a State-controlled procedural framework
At this stage, most foreign clients tend to underestimate the initial investigation phase, while in fact this is the phase that has the greatest impact on the entire criminal case in Vietnam.
➤ Initial decisions may directly affect personal liberty, residency status, visas, employment, and personal reputation
The core objectives of criminal procedure under Vietnamese law are:
➤ Not to allow any crime to go unpunished, including complex or cross-border offenses
➤ Not to wrongfully convict innocent persons, especially in cases involving foreign elements
➤ To ensure the supremacy of law, fairness, and transparency
➤ To effectively prevent and combat crime, protecting social order and human rights
Correctly understanding criminal procedure is the first step to protecting yourself. And in many cases, having a criminal lawyer involved from the earliest stage is the decisive factor between a serious legal mistake and an effective defense strategy.

Criminal Procedure Process

(Under the 2015 Criminal Procedure Code – Practical Perspective from An Law Vietnam’s Lawyers)
For foreign nationals, criminal procedure in Vietnam is not simply a series of “legal steps”, but a chain of interlinked decisions, where even a small mistake at an early stage may lead to serious legal consequences later.
⇗ Under the 2015 Criminal Procedure Code, this process is designed to be strict – multi-layered – and heavily controlled by State authorities, with the simultaneous participation of the Investigation Agency, the People’s Procuracy, and the Courts.
➦ This is precisely why a competent lawyer in Vietnam must not only “know the law”, but must also “understand how the law operates in practice” – which is the distinguishing factor of An Law Vietnam | International Law Firm In Vietnam compared to most law firms in Vietnam.

Step 1: Receipt of Crime Information

(A silent but extremely dangerous stage)
All criminal cases in Vietnam begin with information about crimes, including:
➜ Criminal denunciations from individuals
➜ Crime reports from agencies, organizations, or enterprises
➜ Recommendations for prosecution by State authorities
➜ Voluntary surrender by the person committing the violation
➜ Information directly discovered by competent authorities
Time limit for resolution:
➜ 20 days from the date of receipt
➜ May be extended, but not exceeding 04 months for complicated cases
Practical experience from An Law Vietnam shows that many foreign nationals are complacent at this stage. In most cases, you or your relatives have not yet been subject to a decision on criminal prosecution, so clients tend to hesitate and attempt to monitor the investigation process themselves because no formal prosecution has occurred. In reality, every statement, document, and manner of conduct at this stage may shape the entire case later.
This is the legal foundation for deciding whether to initiate or not initiate a criminal case.

Step 2: Initiation of a Criminal Case

(When legal risks become tangible)
Initiation of a criminal case is the moment when the competent authority officially:
➜ Determines that there are signs of a crime under Vietnamese criminal law
➜ Issues a decision to initiate or not initiate a criminal case
Pursuant to Article 143 of the 2015 Criminal Procedure Code, grounds for initiation include:
➜ Crime denunciations, crime reports, or recommendations for prosecution
➜ Voluntary surrender
➜ Detection of criminal signs through professional activities
For foreign nationals, initiation often entails serious consequences such as:
➜ Exit restrictions
➜ Impact on visas and temporary residence cards
➜ Risk of temporary detention or pre-trial detention
Lawyers of An Law Vietnam are often engaged from this point to “re-orient the case” from its very foundation.

Step 3: Criminal Investigation

(The stage that determines the fate of the case)
This is the most critical stage.
The Investigation Agency, under the supervision of the People’s Procuracy, will conduct:
➜ Collection and assessment of evidence
➜ Clarification of the nature of the conduct
➜ Determination of the role and level of criminal liability of each individual
Investigation time limits under the 2015 Criminal Procedure Code:
➜ Less serious crimes: not more than 02 months (extendable under the law)
➜ Serious crimes: not more than 03 months (extendable multiple times in complicated cases)
➜ Very serious and particularly serious crimes: not more than 04 months, extendable; in practice, total investigation time may extend to 12–20 months based on decisions of competent authorities
In practice, whether an investigation is prolonged or shortened depends largely on legal strategy and the timely involvement of criminal defense lawyers.
Common investigative activities:
➜ Interrogation of suspects
➜ Taking statements from witnesses and victims
➜ Searches and seizure of evidence
➜ Expert examinations and asset valuation
➜ Investigative experiments
The distinguishing competence of a skilled criminal defense lawyer in Vietnam lies in the ability to:
➜ Identify procedural violations
➜ Control risks arising from statements
➜ Intervene at the right time to mitigate liability or change the direction of case handling
At the conclusion of the investigation, the case may be:
➜ Proposed for prosecution, or
➜ Suspended / temporarily suspended due to insufficient legal grounds

Step 4: Prosecution Stage

(The key legal “filter” determining whether a case proceeds to Court)
After the investigation concludes, the entire criminal case file is transferred to the People’s Procuracy – the authority responsible for controlling procedural power and deciding the next legal fate of the suspect.
At this stage, the People’s Procuracy does not merely “review the file”, but is responsible for:
➜ Conducting a comprehensive assessment of both incriminating and exculpatory evidence
➜ Examining the legality of the investigation process, including:
➟ Evidence collection
➟ Interrogation and statement-taking procedures
➟ Application of preventive measures (temporary detention, pre-trial detention, exit bans, etc.)
For foreign nationals, this is an especially sensitive stage, because any procedural violations not detected in time will be carried directly into the trial stage.
Possible decisions of the People’s Procuracy:
➜ Prosecute the suspect before the Court by issuing an INDICTMENT
➜ Return the case file for additional investigation if evidence is insufficient or procedural violations exist
➜ Suspend or temporarily suspend the case if there are insufficient legal grounds to continue criminal prosecution
Among these, the indictment is the document posing the highest level of risk for foreign nationals, because it:
➜ Determines the official charge
➜ Establishes the sentencing framework
➜ Serves as the primary basis for the Court’s adjudication
➜ May lead to detention, deportation, or entry bans
The crucial role of lawyers at the prosecution stage
Contrary to common perception, the prosecution stage is the “golden point” for lawyers to create a turning point in the case.
At this stage, lawyers may:
➜ Access and analyze the entire case file
➜ Detect procedural violations
➜ Submit defense opinions and legal petitions to the People’s Procuracy, requesting:
➟ Modification or mitigation of charges
➟ Application of favorable circumstances
➟ Termination of the case if clear legal grounds exist
A lawyer’s experience lies not merely in “arguing well in court”, but in the ability to read files, conduct in-depth analysis of each piece of evidence and statement, and intervene at the right moment.
This is the distinguishing value of An Law Vietnam – not only mastering the law, but deeply understanding how Vietnamese criminal law is applied in practice to suspects.
In Vietnamese criminal procedure, once a case has been prosecuted before the Court, the scope for defense is significantly narrowed.
A competent lawyer is one who prevents the case from going too far at the prosecution stage, rather than waiting until “it reaches court to start reacting”.

Article Photo Criminal Procedure In Vietnam From Initiation To Trial (2) — *Article photo_ Criminal Procedure in Vietnam – From Initiation to Trial*

Step 5: First-Instance Trial of a Criminal Case

(The courtroom is not where defense begins)
For many clients, the first-instance trial is often viewed as the “main battle”.
However, within the Vietnamese criminal justice system, the first-instance trial is not the starting point, but rather the “result” of the entire investigation and prosecution process.
The Court conducts the first-instance trial based on:
➜ The indictment of the People’s Procuracy
➜ The completed case file
➜ The outcome of public adversarial proceedings at trial
Principles of first-instance trials in Vietnam:
➜ Public, direct, and oral hearings
➜ Active fact-finding by the Trial Panel
➜ Ensuring the defendant’s right to defense, including foreign defendants
However, it should be noted that:
➜ The Court adjudicates only within the scope of prosecution
➜ The charge and sentencing framework have already been shaped by the indictment
➜ The possibility of “completely overturning a case at trial” is very limited
For defendants, this means that:
➜ Without an early legal strategy, the first-instance trial will be largely passive
➜ Risks of imprisonment, deportation, and entry bans may already be nearly “locked in”
Conclusion of the first-instance trial
After deliberation, the Trial Panel will:
➜ Pronounce the first-instance judgment
➜ Or issue other decisions in accordance with the law
A skilled criminal defense lawyer does not “gamble” on the courtroom, but regards it as the place to protect the results of a legal strategy, skills, and practical experience that have been built according to the specific scenario of each case, with the objective of protecting the client’s lawful interests to the greatest extent permitted by Vietnamese law.

Step 6: Appellate Trial of Criminal Judgments

(The final opportunity before a judgment takes legal effect)
Appellate trials apply when:
➜ The first-instance judgment or decision has not yet taken legal effect
➜ There is a lawful appeal or protest
This is the final level of adjudication under ordinary procedures and the last important legal opportunity to change the outcome of the case before the judgment becomes enforceable.
Who has the right to appeal?
Under the 2015 Criminal Procedure Code, the right of appeal belongs to:
➜ The defendant (including foreign nationals)
➜ The victim
➜ Defense lawyers
➜ Civil parties in relation to civil compensation
➜ Legal representatives of the above subjects
For foreign clients, appeals must be strategically calculated, because they may:
Prolong exit restrictions, directly affect visas, residency, and business activities
Note: Not every appeal leads to a positive result.
Scope of appellate adjudication
The appellate court has the authority to:
➜ Uphold the first-instance judgment
➜ Amend the judgment (reduce penalties, change charges, if sufficient legal arguments and evidence exist in accordance with the law)
➜ Annul the first-instance judgment and order a retrial
Unlike first-instance proceedings, appellate proceedings focus strongly on legal reasoning, examining:
➜ Errors in the application of law
➜ Procedural violations
➜ Unobjective assessment of evidence
The decisive role of lawyers at the appellate stage
At this stage, advocacy skills, practical experience, and legal reasoning capacity are decisive factors for the outcome of the case. Lawyers should:
➜ Develop selective appeal strategies
➜ Identify specific legal errors in the first-instance judgment
➜ Focus on points that have the potential to change the actual outcome
This is the stage where the experience, expertise, and extensive hands-on practice of An Law Vietnam’s lawyers, gained through handling many similar cases, create a clear distinction, particularly in cases involving the protection of lawful rights and interests of foreign clients, in order to achieve the best possible results.
In Vietnamese criminal procedure, the courtroom is not a place for “hope”, but a place to “protect strategy”. A competent lawyer must not only argue well, but must accurately understand how the Vietnamese judicial system operates in practice, and know precisely when to deploy sharp legal reasoning to create value and achieve the best result for the client.
This is why An Law Vietnam | International Law Firm In Vietnam is chosen by many international clients when facing most legal issues in Vietnam, particularly in criminal cases.

Step 7: Enforcement of Criminal Judgments & Special Procedures

(When legal consequences become reality)
The enforcement stage begins once a criminal judgment or decision has taken legal effect (i.e., no longer subject to appeal or protest under ordinary procedures).
This is the “execution” stage, where legal decisions no longer remain on paper, but immediately and directly affect:
➜ Personal liberty
➜ Right of residence in Vietnam
➜ Business and investment activities
➜ Future entry and exit possibilities
For foreign nationals, this is often the stage with the most severe consequences, yet it is frequently misunderstood as “mere administrative formalities”.
Authorities competent to enforce criminal judgments
Under the 2015 Criminal Procedure Code:
➜ The Chief Justice of the Court that conducted the first-instance trial issues the enforcement decision
➜ Such decision must be issued within 07 days from:
➟ The date the first-instance judgment takes effect, or
➟ The date the Court receives the appellate / cassation / retrial judgment
Enforcement is carried out by competent criminal judgment enforcement authorities, ensuring that judgments are enforced:
➜ In accordance with their content ➜ At the correct time ➜ In compliance with legal procedures
Only judgments and decisions that have taken legal effect may be enforced, except in certain special cases (e.g., acquittals, or sentences shorter than the time already spent in detention, requiring immediate release at court).
Particularly serious legal consequences for foreign nationals
Unlike Vietnamese citizens, foreign nationals convicted of criminal offenses in Vietnam often face additional consequences, including:
➜ Deportation from Vietnam after serving the sentence
➜ Long-term or permanent entry bans
➜ Revocation of visas, temporary residence cards, and work permits
These consequences seriously affect:
➟ Operating enterprises
➟ Investment licenses
➟ International personal and professional reputation
This is why a lawyer’s legal strategy cannot end with the judgment, but must continue to be calculated through the enforcement stage.
Given the extensive impacts not only addressed in this article but also on mental well-being and reputation, the advice is clear:
“You may save on many things, but never on your lawyer.”

Cassation & Retrial

(Special “error-correction” mechanisms in Vietnamese criminal procedure)
Even after a judgment has taken legal effect, Vietnamese law still allows for re-examination of the case in special circumstances through two procedures:
Cassation, applied when:
➜ Serious errors are found in the application of law
➜ Serious procedural violations exist
➜ Conclusions in the judgment are inconsistent with objective evidence
Retrial, applied when:
➜ New significant facts emerge
➜ Such facts were unknown at the time of trial
➜ They have the potential to fundamentally change the content of the judgment
Cassation and retrial procedures are not automatic rights of convicted persons, but are considered only in exceptional cases with very strict legal grounds. Initiating these procedures requires in-depth analysis of the entire case file and accurate identification of legal errors or new facts capable of altering the nature of a legally effective judgment.
In practice, only criminal defense lawyers with high professional qualifications and extensive hands-on experience within the Vietnamese judicial system are capable of accurately assessing opportunities and formulating effective legal strategies for this special stage.
The Role of Lawyers After Trial
After the trial concludes, the role of a criminal defense lawyer does not end with the judgment, but shifts into a “silent” yet decisive stage affecting the client’s future.
At this stage, experienced lawyers will cautiously and realistically assess the feasibility of initiating cassation or retrial procedures, while advising on optimal enforcement strategies to minimize adverse legal consequences for the client.
At the same time, lawyers must coordinate the handling of particularly sensitive issues for foreign nationals, including risks of deportation, entry bans, and complications relating to residency status, visas, work permits, and investment activities in Vietnam.
➦ Therefore, this stage requires lawyers not only to possess deep expertise in criminal law, but also to master the entire administrative, immigration, and investment law systems in Vietnam – closely interconnected fields that are often underestimated in practice.
This is also the distinctive value of An Law Vietnam, an International Law Firm that does not focus solely on “winning cases” in court, but accompanies international clients in managing the entire spectrum of legal consequences arising after a criminal case, protecting the client’s long-term lawful interests to the maximum extent.

Article Photo Criminal Procedure In Vietnam From Initiation To Trial (1) — *Article photo_ Criminal Procedure in Vietnam – From Initiation to Trial*

Conclusion

Understand the procedure – follow the right strategy – protect your legal future in Vietnam
Criminal procedure in Vietnam is a tightly structured, multi-layered legal process with far-reaching impact, extending beyond the determination of right or wrong to directly affect personal liberty, residency rights, business operations, and long-term reputation, particularly for foreign nationals.
From the receipt of crime information, initiation, investigation, prosecution, trial, to enforcement of judgments and special procedures such as cassation and retrial – each step is decisive, and a small mistake at an early stage may result in irreversible legal consequences.
Practice shows that the courtroom is not where defense begins, but merely the place where the result of a properly constructed legal strategy is presented. Correctly understanding the Vietnamese criminal procedure system, accurately identifying risks at each stage, and engaging criminal defense lawyers who understand both the law and how the judicial system operates in practice are key factors in protecting your lawful rights and interests.
In this context, An Law Vietnam | International Law Firm In Vietnam not only accompanies international clients at each stage of criminal proceedings, but also assists them in managing the entire spectrum of legal consequences before, during, and after trial – from defense strategy and appeals to residency, immigration, and investment issues. In Vietnam, the end of a trial does not mean the end of risk – and truly competent lawyers are those who anticipate consequences before a judgment is rendered, rather than reacting after everything has already occurred.
Are you or a family member facing criminal investigation or prosecution in Vietnam?
In criminal proceedings, the timing of your action is no less important than the substance of the case itself. We understand that, in criminal matters—particularly complex cases involving foreign elements—the practical, hands-on experience of lawyers is the decisive factor that can entirely change the trajectory of a case.
An Law Vietnam – Criminal Law Firm, our team of lawyers directly participates in and handles hundreds of criminal trials each year, with more than 20 years of in-depth experience in developing effective, well-structured, and timely defense strategies. Our highest objective is to protect our clients’ lawful rights and interests to the maximum extent—not only in the courtroom, but throughout the entire criminal procedure process.
We provide strategic – confidential – reliable legal services, specifically designed for foreign nationals in Vietnam, with a deep understanding of both Vietnamese law and the practical risks related to residency, visas, immigration, and investment.
DO NOT WAIT.
In criminal cases, every delayed decision may result in the loss of a critical legal advantage. Criminal defense lawyers at An Law Vietnam can intervene promptly, leverage evidence, and shape a defense strategy to protect you starting today.
Contact An Law Vietnam | International Law Firm In Vietnam
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
📍 Head Office: Diamond Plaza, 34 Le Duan Street, Saigon Ward, Ho Chi Minh City
🏢 Vung Tau Branch: Vo Thi Sau Street, Vung Tau Ward, Ho Chi Minh City
Through this article, we hope to have helped you gain a clearer and more comprehensive understanding of the criminal procedure process in Vietnam. In subsequent publications, An Law Vietnam will continue to share in-depth legal analyses, practical experience, and important legal warnings specifically designed for international clients.
Note: This article is for reference purposes only. As Vietnamese laws and policies may change over time, the content herein may no longer be appropriate or applicable in certain cases or specific circumstances. Should you have any questions or comments, please contact An Law Vietnam for timely assistance.