Rights overview: foreign nationals are treated like Vietnamese citizens — plus certain special rights
When a foreign national is prosecuted in Vietnam, the first question is usually whether they are treated differently from Vietnamese citizens. The foundational principle in Article 3 of the Criminal Procedure Code (CPC): except persons enjoying diplomatic or consular immunity, foreigners who commit crimes in Vietnam are handled like Vietnamese citizens; where an international treaty to which Vietnam is a party applies, the treaty — or the principle of reciprocity — governs. Everyone is equal before the law (Article 9, Penal Code).
This article is a high-level rights map for foreigners facing prosecution: the rights of the accused (Article 60), special rights (interpretation, consular notification), and general safeguards. In-depth issues — detention, bail, deportation, detailed consular notification, expungement — are covered in separate articles.
Applicable texts: the CPC as consolidated in 172/2026/VBHN-LQ-VPQH (01/10/2026) — the latest consolidation; Law 99/2025/QH15 (effective 01/7/2025) amending the CPC but not Articles 60 or 29 on accuseds’ rights and interpretation; the Penal Code consolidated in 135/VBHN-VPQH; the 1963 Vienna Convention on Consular Relations (Article 36).
1. Procedural stages before becoming an accused (brief context)
A foreign national may pass through these procedural statuses before formally becoming an accused:
- Person reported or recommended for prosecution (Article 57);
- Person held in urgent cases (Article 58);
- Arrested or detained person (Article 59);
- → The accused (Article 60) → The defendant (Article 61, once indicted).
Each status carries its own rights and obligations; this article focuses on the accused — the central status after a prosecution decision is issued.
2. Rights of the accused — Article 60, CPC (core)
An accused is a person against whom criminal proceedings have been instituted. Under Article 60, the accused has these basic rights:
- To know the reason for the prosecution;
- To be informed of and have explained their rights and obligations;
- To receive procedural decisions concerning them (institution of proceedings, preventive measures, investigation conclusions…);
- Not to be compelled to testify against themselves or to admit guilt — the right to silence in Vietnamese proceedings;
- To present evidence, documents, objects and requests;
- To defend themselves or engage defence counsel;
- To request expert examination or asset valuation;
- To request replacement of procedure-conducting persons, experts, valuers, interpreters and translators;
- To read and copy documents or digitised materials relating to incrimination or exoneration from the conclusion of investigation;
- To complain about decisions and procedural acts of procedure-conducting bodies and persons.
Obligations of the accused (Article 60.3): to appear when summoned by competent procedure-conducting persons; to comply with decisions and requests of procedure-conducting bodies and persons.
3. Special rights of foreign nationals
3.1. Right to interpretation — Articles 29, 70, 263, CPC
- Article 29: participants in proceedings may use the spoken and written language of their own ethnicity; in such cases an interpreter is mandatory. This is a principle-level right applying at every stage.
- Article 70: governs interpreters and translators where a participant cannot use Vietnamese.
- Article 263: guarantees interpretation at trial.
In practice, for foreigners who do not know Vietnamese, key procedural documents (prosecution decisions, indictments…) must be translated so they can understand and exercise their rights.
3.2. Consular contact and notification — Article 36, Vienna Convention 1963 (overview)
Vietnam is a party to the 1963 Vienna Convention on Consular Relations. Article 36 provides, in principle:
- A detained foreign national is informed without delay of the right to contact their consulate;
- If the person so requests, the receiving state’s authorities notify the consulate without delay;
- Consular officers may visit, converse and correspond with the person and arrange legal representation.
(Detailed notification procedures are analysed in a separate article.)
3.3. Deportation — a special penalty
Article 37 of the Penal Code provides the penalty of deportation applicable to foreigners who commit crimes — compelling them to leave Vietnam’s territory. This penalty applies only to foreigners, never to Vietnamese citizens. (Conditions and procedures are covered separately.)
4. General procedural safeguards
Beyond the above, foreigners enjoy the same general safeguards as Vietnamese citizens:
- No one may be unlawfully arrested, held or detained;
- Presumption of innocence — the accused/defendant is deemed innocent until a guilty verdict takes legal effect;
- Guaranteed right to defence (Article 16, CPC).
5. Important notes
- Do not confuse diplomatic immunity with foreigners’ rights in general: diplomatic and consular immunity applies only to special categories (diplomats, consular officers…); ordinary foreigners do not enjoy it but are fully guaranteed the procedural rights above.
- Law 99/2025/QH15’s CPC amendments (jurisdiction, digital case files, trials in absentia…) do not alter accuseds’ rights under Article 60 or interpretation rights under Article 29.
Need legal support for a foreign national in criminal proceedings?
FLAT Law Firm supports foreigners and their families in criminal matters in Vietnam: safeguarding defence rights, interpretation, consular contact, and standing by clients throughout proceedings. Contact us at https://flaw.vn/en/contact/.
For reference only; not legal advice.
Transparency: this article is undergoing FLAT Law Firm’s reviewed by the QA Council and has not yet passed the internal QA council.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.