Foreign Nationals under Arrest in Vietnam

Lawyers in Vietnam – Foreign Nationals under Arrest in Vietnam

When you travel to another country for tourism and exploration, unexpected circumstances may lead to your arrest and temporary detention by local authorities. Such an event is undeniably a stressful experience, particularly for foreign nationals in Vietnam. This article, prepared by An Law Vietnam, provides legal guidance on the procedures governing the arrest and temporary detention of foreign nationals in Vietnam. Understanding the criminal procedure at the initial stage of arrest and detention is crucial. Whether you are facing legal difficulties or simply wish to be well-prepared, knowing your legal rights will help you avoid unnecessary violations during your stay in Vietnam.

Legal Basis

The procedures for arrest and detention are strictly regulated under the Criminal Procedure Code of 2015 (amended in 2021).

• Arrest refers to the act of taking into custody a person suspected of committing a criminal offense.
• Temporary detention refers to the provisional confinement of a suspect or defendant in order to facilitate investigation and safeguard the criminal proceedings.

An arrest may only be conducted if:

• There is an arrest warrant issued by the People’s Procuracy or the Investigating Authority and duly approved by the People’s Procuracy; or
• In emergency cases, no warrant is required when the suspect is caught in flagrante delicto (in the act of committing an offense) or immediately after committing the crime.

Procedure for Arrest and Detention

In Vietnam, arrest and detention must strictly comply with the Criminal Procedure Code. The steps include:

1. Issuance of Arrest Warrant: Must be approved by the People’s Procuracy and executed by the Investigating Authority.
2. Presentation of Warrant: Except in urgent cases, the arrested person must be shown a valid arrest warrant by the executing officer.
3. Explanation of Reasons for Arrest: The arrested person must be clearly informed of:
   • The reasons for the arrest,
   • The alleged criminal act, and
   • Their legal rights.
4. Preparation of Official Record: An official record of arrest must be made and signed by all relevant parties.
5. Transfer of Custody: The arrested person must be immediately transferred to the competent Investigating Authority.

Failure to comply with the above procedures may render the arrest unlawful. With legal representation, a lawyer may file a complaint with the competent authority.

What to Do If Arrested in Vietnam

Being arrested is a serious situation that requires composure, prudence, and strategic action. Your conduct in the first few hours can significantly affect the outcome.

• Remain calm, do not resist: Even if you believe the arrest is unlawful, avoid verbal or physical confrontation. Resistance may escalate the situation and result in additional charges.
• Request to see the arrest warrant: Except in urgent cases, officials must present a valid warrant. Carefully verify the issuing authority and stated grounds.
• Exercise your right to legal counsel: Politely but firmly request contact with a lawyer. You are entitled to legal assistance throughout the entire proceeding, and your lawyer can ensure compliance with legal safeguards.
• Contact your Embassy or Consulate: As a foreign national, you have the right to consular notification and access. Your diplomatic mission can monitor your case, ensure respect for fundamental rights, and assist in contacting your family.
• Do not provide statements without a lawyer present: You are not obliged to answer questions immediately. Await your lawyer before giving any official statement or signing any documents, especially those not translated into your native language.

Timely exercise of these actions will safeguard your legal rights and strengthen your defense.

Maximum Duration of Detention Prior to Trial

The Criminal Procedure Code prescribes clear timelines for detention depending on the stage of proceedings and seriousness of the alleged offense.

• Initial custody:

  • Up to 72 hours without formal charges;
  • May be extended for up to 9 additional days with approval of the People’s Procuracy.

• Pre-trial detention:

  • Up to 2 months for less serious crimes;
  • Up to 3–4 months for serious or complex crimes;
  • Further extensions require approval of the People’s Procuracy.

If formal charges are not brought within these statutory periods, the detainee must be released. Prolonged detention without legal basis constitutes a violation of procedural rights under Vietnamese law and may infringe upon fundamental human rights.

Rights of the Accused in Criminal Proceedings

Vietnamese law recognizes essential rights for defendants, including:

• Right to legal counsel: A lawyer may participate at any stage of criminal proceedings. For serious offenses, legal representation is mandatory.
• Right to remain silent: While not explicitly codified, the accused is not obliged to self-incriminate or confess guilt.
• Right to interpretation: Foreign nationals or persons not fluent in Vietnamese are entitled to an interpreter to ensure proper understanding of all proceedings.
• Right to consular assistance: Foreign citizens are entitled to consular notification and assistance.
• Presumption of innocence: Every individual is presumed innocent until proven guilty pursuant to due process of law.

These rights must be respected by competent authorities throughout the proceedings.

Role of Legal Counsel in Arrest and Detention Cases

Legal counsel plays a vital role from the very moment of detention. A defense lawyer ensures that authorities comply with the law, including the legality of the arrest warrant, execution procedures, and detention conditions.
During interrogation, the lawyer may attend to safeguard proper procedure.
If procedural violations occur—such as unlawful extensions of detention or obstruction of access to counsel—the lawyer may lodge complaints or petitions with the Procuracy or the Court.
The lawyer’s presence is a safeguard for the accused’s rights and can decisively influence the resolution of detention cases.

After Formal Indictment in Vietnam

Once a suspect is formally indicted, the case proceeds from the investigation stage to prosecution and trial. The People’s Procuracy will issue an indictment and transfer the case to the competent court for adjudication.
At this stage:

• The defendant continues to enjoy the right to legal counsel and access to evidence.
• The court must bring the case to trial within statutory timelines, depending on the offense.
• All collected evidence will be reviewed, and additional evidence may be introduced.
• The trial will be conducted by a judicial panel.

The defendant may conduct self-defense, request witness summons, or demand expert evaluations. After deliberation, the court will render judgment and impose penalties (if any).
If convicted, the defendant may appeal within 15 days of the pronouncement of judgment (if present at trial), or within 15 days of receipt/official notification of the judgment (if absent).

Understanding these procedural stages is vital, as decisions taken during the arrest and detention phase may substantially affect the trial outcome.

Conclusion

Comprehending the arrest and detention procedures in Vietnam is of utmost importance for foreign nationals to safeguard their rights. From verifying the legality of an arrest warrant, observing detention limits, to ensuring access to legal counsel, timely actions can critically impact the resolution of your case.

An Law Vietnam is one of the leading law firms in Vietnam, with specialized expertise in criminal defense, procedural compliance, and investigation of economic crimes, theft, and narcotics. We regularly assist foreign nationals in protecting their rights during arrest, detention, and investigation procedures.

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
🏢 Branch Office (Vung Tau): Vo Thi Sau, Vung Tau Ward, Ho Chi Minh City