“Tại ngoại” is a term many people use when referring to an accused person not being held in pre-trial detention during investigation, prosecution and trial. But one thing must be stated upfront: “tại ngoại” is not a legal term — it is merely colloquial speech. In the Criminal Procedure Code, the measure allowing an accused person to avoid detention while ensuring their availability for the proceedings is correctly called “bảo lĩnh” — bail on recognizance (Article 121).
A further distinction: “bảo lãnh” (guarantee) is a civil-law term (guaranteeing performance of civil obligations, e.g. guaranteeing a bank loan), entirely different from “bảo lĩnh” — a preventive measure in criminal procedure. This article uses the correct statutory term “bail on recognizance” (the word “bail” in the title serves readers’ search habits).
1. Bail on recognizance — an alternative to detention (Article 121.1)
Under Article 121.1 of the Criminal Procedure Code (Consolidated Document 172/2026/VBHN-LQ-VPQH, issued 1 October 2026), based on the nature and degree of danger to society of the act and the personal background of the accused, the investigation agency, the procuracy or the court may decide to grant bail on recognizance — i.e. not apply pre-trial detention but place the accused under the supervision of a guaranteeing agency, organisation or individuals.
On the grounds and time limits for detention (when detention applies instead of bail), see our article on grounds for pre-trial detention of foreigners.
2. Who may stand as guarantor? (Article 121.2)
The law provides two guarantor channels:
(a) Agencies and organisations as guarantors: an agency or organisation may stand bail for an accused person who is its member. The written pledge must be certified by the head of the agency or organisation.
(b) Individuals as guarantors: an individual aged 18 or older, of good background, strictly law-abiding, with stable income and capable of supervising the bailed person, may stand bail for their relatives. A mandatory condition: there must be at least 2 guarantors; each person’s written pledge must be certified by the commune/ward/township authority of their place of residence or by the agency or organisation where they work or study.
3. Obligations of the bailed person (Article 121.3)
The bailed person must:
- Appear when summoned by the competent authority;
- Not abscond and not commit further crimes;
- Not bribe, coerce or instigate others to give false testimony or false documents; destroy or falsify evidence, documents or objects of the case, or dissipate case-related assets; threaten, control or retaliate against witnesses, victims, crime denouncers or their relatives.
Violation of these obligations leads to pre-trial detention.
4. Other alternatives to detention
Besides bail on recognizance, the law provides:
- Monetary guarantee (Article 122): the accused deposits a sum of money to guarantee appearance when summoned;
- Prohibition from leaving the place of residence (Article 123): the accused may not leave their place of residence without permission from the ordering authority. Execution aspects of this measure are now governed by the Law on Execution of Custody, Detention and Prohibition from Leaving the Place of Residence 2025 (128/2025/QH15, effective 1 July 2026).
5. Why is bail harder for foreigners to obtain?
It must be stated clearly: the law does not prohibit foreigners from being bailed — no provision says “foreigners may not be released pending trial”. Bail conditions apply generally, without nationality distinction. In practice, however, foreigners face particular difficulties:
- The individual channel is nearly unusable: individual bail requires at least 2 relatives in Vietnam of good background and stable income, certified by the local authority — foreigners working in or visiting Vietnam almost never have relatives in Vietnam meeting these conditions.
- The biggest barrier — “signs of absconding”: as with detention grounds, procedural agencies readily assess foreigners as showing “signs of absconding” since they can exit the country at any time, making bail harder to obtain than for Vietnamese citizens with a clear place of residence.
- The most feasible channel in practice: the agency or organisation employing the foreigner — e.g. the enterprise employing the foreign worker — standing as guarantor for its employee.
This thesis is consistent with our detention article: the criterion “no clear place of residence or unidentifiable background” is both a ground for detention and a barrier to bail.
6. Ensuring no flight from Vietnam: suspension of exit
Alongside preventive measures, Article 28 of the 2014 Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam (47/2014/QH13) provides that a foreigner who is an accused person or has related obligations in a criminal case may be subject to suspension of exit — for no more than 3 years, extendable. This is the tool ensuring foreigners do not leave Vietnam during the proceedings.
7. Right to consular notification
Foreigners subject to preventive measures have the right to request notification to their consular post under Article 36 of the Vienna Convention on Consular Relations 1963.
Frequently asked questions
Is “tại ngoại” (released pending trial) a statutory term?
No. “Tại ngoại” is colloquial speech for not being detained. The correct legal term is “bảo lĩnh” — bail on recognizance (Article 121); “bảo lãnh” (guarantee) is a civil-law term, entirely different.
Can foreigners be bailed in Vietnam?
The law does not prohibit it. In practice it is very difficult through the individual channel (requiring at least 2 relatives in Vietnam); the most feasible channel is the employing agency or organisation standing as guarantor.
What happens if bail obligations are violated?
A bailed person who violates obligations (absconding, reoffending, obstructing investigation, etc.) will be placed in pre-trial detention.
Contact FLAT Law Firm for advice on bail on recognizance and alternatives to pre-trial detention.
Note: This article is for general reference only and does not constitute legal advice. Legal provisions may change; specific cases require a lawyer’s opinion.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.
See also: How Is Pre-Trial Detention Applied to Foreign Suspects in Vietnam?