Extradition and Deportation in Vietnam | How Long Are You Barred from Re-Entering after Deportation?

(Legal guidance for foreign nationals)
If you or your loved one is worried about being deported from Vietnam, banned from re-entering, or facing extradition to or from Vietnam, this article will help you understand the current legal framework and what you can do to protect your rights.
In today’s globalized world, cross-border movement, residence and business activities are increasingly common. Along with that, legal issues related to extradition and deportation arise more frequently, especially for:
➤ Foreign nationals in Vietnam, and
➤ Individuals or companies engaged in international activities.

Understanding:
➤ The difference between extradition and deportation;
➤ When a person may be deported, banned from entering Vietnam, and how long before they can return;
➤ The rights and obligations of a person facing extradition or deportation;
is crucial to protecting your interests and developing an appropriate legal strategy.

Extradition & Deportation In Vietnam — *Photo Description of the Article: Extradition and Deportation in Vietnam: How Long Are You Barred from Re-Entering after Deportation?*

Contents

What is the difference between extradition and deportation in Vietnam?

Although they are often confused, “extradition and deportation” are two completely different mechanisms.
➤ Extradition
Extradition is the process by which one State (the requested State) surrenders a person who has committed a criminal offence, or who has been convicted of a crime and is present in its territory, to another State (the requesting State) for criminal prosecution or for the enforcement of a sentence.

In Vietnam, extradition is a formal international judicial process used to transfer a person to another country for criminal trial or to serve a sentence. The process involves legal review, usually based on treaties, mutual legal assistance agreements or diplomatic requests. Extradition is subject to court supervision and strict procedural rules.

Key principles and conditions for extradition include:

Judicial and international in nature: Extradition is a judicial process, supervised by the courts and governed by strict procedural and substantive conditions.
Seriousness of the offence: The conduct must carry a penalty of at least 01 year of imprisonment, life imprisonment or the death penalty under the laws of both States; or, if the person has already been convicted, the remaining sentence to be served must be at least 06 months.
Dual criminality principle: The conduct for which extradition is requested must constitute a criminal offence under both Vietnamese law and the law of the requesting State.
No extradition for political offences: Extradition is generally not granted for political offences, except for particularly serious crimes such as terrorism, genocide or war crimes.
Non-extradition of Vietnamese citizens: As a general rule, Vietnam does not extradite its nationals (unless there are very specific provisions in an international treaty; in practice, Vietnam usually opts to prosecute its nationals domestically).

➤ Common stages in the extradition process

Extradition request: The requesting State submits an official extradition request through diplomatic channels. The key focal point on the Vietnamese side is usually the Ministry of Public Security.
International wanted notices (Interpol): The Interpol National Central Bureau in Vietnam may issue or execute a Red Notice to trace and arrest a fugitive.
Arrest and temporary detention: The person sought may be urgently arrested and temporarily detained for a certain period while the extradition request is examined in accordance with Vietnamese law.
Examination of the request: The competent court in Vietnam reviews the extradition request, fully assesses the legal conditions, and issues a decision to grant or refuse extradition.
Surrender and escort: Once an extradition decision has been made, the police authorities will organize the surrender and escort of the person in accordance with the arrangements between the States.

In addition, Vietnamese law recognizes that any person may arrest an individual who is the subject of a wanted notice and immediately hand them over to the nearest police office, People’s Procuracy or People’s Committee, and may disarm the arrested person in accordance with the law.

➤ Deportation

By contrast, deportation is an administrative sanction or an additional criminal penalty requiring a foreign national to leave the territory of Vietnam.

Deportation is a form of sanction imposed on foreign nationals who commit administrative violations in Vietnam, requiring them to leave the territory of the Socialist Republic of Vietnam.
(Law on Handling of Administrative Violations 2012, Decree No. 142/2021/ND-CP, etc.)
Typical cases in which a foreign national may be deported from Vietnam include:

Being convicted of a criminal offence and the court imposes deportation as a principal or additional penalty under the 2015 Criminal Code;
Committing serious administrative violations and being sanctioned with deportation under the Law on Handling of Administrative Violations 2012;
Working without a work permit, or working in breach of visa conditions, under the 2019 Labour Code – which may result in forced exit or deportation.

➤ Core differences

Extradition: A judicial, international process linked to criminal offences, international treaties and court decisions.
Deportation: A domestic administrative measure, mainly related to immigration, residence and labour regulations, or imposed as an additional penalty in criminal cases.

Rights and obligations of a person subject to deportation

(=> under Decree No. 142/2021/ND-CP)
Rights
A person subject to deportation has, among others, the following rights:
➤ To be informed of the reasons for deportation and to receive the deportation decision at least 48 hours before enforcement;
➤ To request an interpreter when working with competent authorities;
➤ To enjoy the regimes and conditions provided under Decree No. 65/2020/ND-CP during the period of temporary stay pending exit;
➤ To take his/her lawful property out of Vietnam;
➤ To lodge complaints and denunciations in accordance with Vietnamese law.

Obligations
The person subject to deportation is required to:
➤ Fully comply with the contents of the sanctioning decision imposing deportation;
➤ Present identification documents at the request of the immigration authorities;
➤ Comply with Vietnamese law and submit to the management of the police during the deportation process;
➤ Fulfil any civil, administrative or financial obligations (if any);
➤ Complete all necessary procedures to leave the territory of Vietnam.

Note: Deportation applies to individuals who are foreign nationals who commit administrative violations in any of the following areas:
➤ The territory, contiguous zone, exclusive economic zone or continental shelf of Vietnam;
➤ On board an aircraft registered in Vietnam;
➤ On board a ship flying the Vietnamese flag.

Extradition & Deportation In Vietnam (2) — *Photo Description of the Article: Extradition and Deportation in Vietnam: How Long Are You Barred from Re-Entering after Deportation?*

How long before you can re-enter Vietnam after being deported?

This is a question that many foreign nationals and businesses are concerned about:
“If I am deported from Vietnam, how long will I be banned from re-entering the country?”
Under Article 21 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, persons not permitted to enter Vietnam include:
➤ A person who has been deported from Vietnam, for up to 03 years from the effective date of the deportation decision;
➤ A person who has been ordered to leave Vietnam (forced exit), for up to 06 months from the effective date of the decision on forced exit.

In summary:
➤ If you are deported → you are generally banned from entering Vietnam for 03 years;
➤ If you are ordered to leave (forced exit) → you are generally banned from entering Vietnam for 06 months.

After these periods expire, the individual may apply for re-entry, but entry can still be refused, for example, where:
➤ The person falls into a category banned from entry for reasons of national security, national defence, social order or safety; or
➤ There is a specific decision or recommendation from a competent authority.

Legal basis for extradition in Vietnam

The legal framework governing extradition in Vietnam includes:
➤ Law on Mutual Legal Assistance 2007 (currently being amended and supplemented according to the State’s roadmap);
➤ Criminal Procedure Code 2015;
➤ Law on Temporary Custody and Detention 2015;
➤ Law on Vietnamese Nationality 2008;
➤ Law on Enforcement of Criminal Judgments 2019;
➤ Relevant bilateral extradition treaties.

Vietnam has signed extradition treaties with a number of countries, including:
➤ France, the Republic of Korea, India, Algeria;
➤ Hungary, Belarus;
➤ And participates in extradition and legal cooperation mechanisms within ASEAN.

When can Vietnam extradite someone?

Extradition in Vietnam usually takes place when another State requests that a person:
➤ Be prosecuted for a criminal offence; or
➤ Serve a criminal sentence already imposed.
➤ The underlying offence must be recognized as a crime by both Vietnam and the requesting State – the dual criminality principle.

Common grounds for extradition include:
➤ Serious offences: corruption, money laundering, fraud, tax evasion, organized crime, etc.;
➤ A convicted person fleeing to Vietnam;
➤ Persons subject to an Interpol Red Notice or other international wanted notices.

Vietnam may refuse extradition, for example, where:
➤ The offence is of a political or purely military nature;
➤ There is a real risk that the person would be subjected to torture, inhuman or degrading treatment or punishment;
➤ The person has already been prosecuted, convicted or acquitted in Vietnam for the same offence (ne bis in idem).
➤ Even where a request is formally valid, extradition still depends on Vietnam’s internal legal and, in some cases, political assessment.

Who can be extradited or deported from Vietnam?

Vietnam clearly distinguishes between its own citizens and foreign nationals:
Foreign nationals: May be extradited if they are wanted abroad for serious crimes, or deported if they violate immigration or residence rules, or commit less serious offences in Vietnam. In practice, deportation is often preferred where the risks are lower and the State’s primary objective is simply to end the person’s stay.
Vietnamese citizens: As a general rule, Vietnamese law prohibits the extradition of Vietnamese nationals. Instead, if they are alleged to have committed offences abroad, they may be prosecuted in Vietnam under its criminal law.
In many situations, deportation is used as a faster and procedurally simpler solution compared with extradition.

Typical behaviours by foreign nationals that may lead to deportation include:
➤ Theft, assault, public disorder, drug-related offences;
➤ Overstaying a visa, working without authorization, using a visa for the wrong purpose;
➤ Activities considered to threaten national security or public order.
➤ In less serious cases, deportation can be processed relatively quickly.

Extradition procedure in Vietnam:

Step by step
The extradition procedure involves multiple State agencies and several layers of legal review:

Submission of the request: The foreign government submits a formal extradition request through diplomatic channels.
Review and coordination: The Ministry of Public Security records and examines the validity of the request and may ask the requesting State to provide additional documents. If all statutory conditions are satisfied, the dossier is forwarded to the competent provincial-level People’s Court for consideration and decision.
Consultation with competent authorities: The Ministry of Foreign Affairs, Ministry of Justice, Supreme People’s Procuracy and Supreme People’s Court may be consulted to assess legal and treaty-related issues.
Legal protection of the requested person: The person whose extradition is sought has the right to: Rights of accused persons in extradition and deportation cases

Vietnamese law provides a number of safeguards for individuals facing extradition or deportation, including:
➤ Right to legal representation: The person concerned may appoint a lawyer to challenge the extradition request or deportation order.
➤ Right to be informed: The grounds and legal basis for extradition or deportation must be clearly and promptly communicated.
➤ Right to consular assistance: Foreign nationals may contact their consulate or embassy for assistance.
➤ Right to appeal or challenge decisions:
In extradition matters, appeals may be lodged through the judicial system.
In deportation cases, administrative complaints and petitions can be filed, and Lawyer Criminal can intervene to protect the individual’s rights.
Although procedures vary depending on the case, early involvement of a competent, experienced defense lawyer can significantly affect the outcome.

Deportation in Vietnam | When is it used instead of extradition?

➤ In practice, deportation is often chosen instead of extradition where:
The conduct does not meet the legal threshold for extradition, or extradition is not considered necessary;
The State’s main objective is to terminate the stay of a foreign national who poses risks, rather than to pursue full criminal proceedings.

➤ Typical grounds for deportation include:
Overstaying a visa or using a visa for an improper purpose (e.g. working on a tourist visa, using a visa issued to the wrong category of person);
Serious administrative violations that do not warrant extradition;
Participation in prohibited organizations or activities;
Being considered a threat to national security, social order or public morals.
The deportation decision is usually issued by the Immigration Department of the Ministry of Public Security. The deportee may be given a short period to leave voluntarily; failing that, forced deportation may be imposed.

➤ Potential consequences include:
Long-term bans on re-entering Vietnam;
Significant difficulty in obtaining visas or residence status in Vietnam in the future.

Recent cases and international trends involving Vietnam

Vietnam’s role in international cooperation on crime prevention has grown significantly in recent years, particularly in areas such as financial crimes, corruption and cross-border fraud.

>Notable developments include:
➤ Cooperation with Interpol: Vietnam has executed arrests based on Interpol Red Notices, especially against foreign fugitives residing in or transiting through Vietnam.
➤ Domestic prosecutions: Instead of extraditing Vietnamese nationals, authorities have increasingly pursued domestic prosecutions in major corruption and economic crime cases.
➤ ASEAN regional cooperation: Vietnam works closely with neighbouring countries to locate fugitives and share legal intelligence within regional frameworks.

>These trends reflect a more assertive stance by the Vietnamese Government and closer alignment with global law-enforcement and judicial cooperation mechanisms.

Extradition and deportation of dual nationals in Vietnam

➤ Vietnam does not generally recognize dual citizenship in a broad or automatic manner, but in practice there are many situations where:
A person holds both Vietnamese and foreign nationality;
A person is born abroad to Vietnamese parents or of Vietnamese origin.

Under the Law on Vietnamese Nationality, if a person holds Vietnamese nationality, Vietnam will, in many situations, still regard that person as a Vietnamese citizen, regardless of any other nationality.

➤ Consequences include:
Such individuals are generally not extradited, because Vietnam does not extradite its own citizens;
The State may instead choose to prosecute them domestically.

➤ Accordingly, persons who:
Are of Vietnamese origin;
Are overseas Vietnamese (Việt Kiều);
Have acquired foreign nationality after previously holding Vietnamese nationality;
Should pay particular attention to how Vietnam recognizes and treats their nationality when entering into transactions, residing in Vietnam or becoming involved in criminal proceedings.

Knowing the risks and protecting your rights early

Extradition and deportation are serious legal processes that can profoundly affect:
➤ Your freedom of movement;
➤ Business operations;
➤ Family life;
➤ The reputation of individuals and organizations.

Understanding the risks and knowing when to consult a lawyer is crucial, for example:
➤ When you are detained, investigated, or notified that you may face deportation or extradition;
➤ When your business employs foreign nationals who encounter legal issues;
➤ When you are a foreigner living or working in Vietnam and are concerned about deportation or an entry ban.

Early legal intervention can:
➤ Better protect your human rights and legal rights;
➤ Reduce the risk of procedural abuses;
➤ Optimize defense strategies, complaints and negotiations with authorities.

Extradition & Deportation In Vietnam (3) — *Photo Description of the Article: Extradition and Deportation in Vietnam: How Long Are You Barred from Re-Entering after Deportation?*

Defense and Advisory Services on Deportation and Extradition at An Law Vietnam

At Criminal Defense Attorney – An Law Vietnam, we:
We do far more than merely “reading the case file”, unlike the way you may have experienced with other law firms on the market.

Indeed;
We conduct a comprehensive analysis of ‘every detail, every statement, every piece of evidence’; we develop ‘risk scenarios’ and assess ‘The anticipation of each subsequent development’ in your case.
We review your matter against current Vietnamese laws and precedents or case law similar to your case.

We ‘develop a practical defense strategy, assign the most suitable attorneys, and identify feasible evidence’, tailored ‘to each case and each individual client’.

Moreover, we maintain communication and provide updates regarding detained relatives, including their health, psychological condition, and family circumstances, ensuring you and your family are fully informed at all times.

Our objective
Is to ensure that every legal decision and every statement made before competent procedural authorities is directed toward maximizing the protection of our clients’ lawful rights and interests when they come to Criminal Defense Attorney – An Law Vietnam.
NEVER WASTE YOUR PRECIOUS TIME! Any delay may negatively affect your case.

Our leading team at Criminal Defense Attorney – An Law Vietnam is known for providing ‘practical and strategically sound solutions’, safeguarding your rights and interests. Whether you are facing deportation, extradition, or other cross-border legal challenges, our team delivers reliable support with diligence and precision.

If you or your loved one is facing the risk of deportation, extradition, or criminal investigation in Vietnam, do not wait until it is too late.

Contact An Law Vietnam
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
📍 Head Office: Diamond Plaza, 34 Le Duan, Saigon Ward, Ho Chi Minh City
🏢 Vung Tau Branch: Vo Thi Sau Street, Vung Tau Ward, Ho Chi Minh City