Preventive Measures in Criminal Proceedings: Understanding Detention, Custody, and Travel Restrictions in Vietnam in 2025

Getting tangled in a criminal case in Vietnam can feel overwhelming, especially when terms like “detention,” “custody,” or “travel restrictions” start swirling around. These aren’t just legal buzzwords—they’re tools the authorities use to manage suspects during criminal proceedings, and they can directly affect your freedom. For foreigners—whether you’re a tourist, expat, or business owner—Vietnam’s approach might seem strict or unfamiliar. This guide explains these preventive measures in a clear, practical way, using real examples to show how they work under the 2015 Criminal Procedure Code (updated in 2021). We’ll also highlight how La Défense Law Firm can help you navigate this terrain with ease.

Why Preventive Measures Exist in Criminal Proceedings

In Vietnam, where over 70,000 criminal cases were processed in 2023 according to the Ministry of Public Security, the system aims to keep order while investigations and trials unfold. Preventive measures like detention, custody, and travel bans aren’t about punishment—at least not yet. They’re designed to stop suspects from fleeing, tampering with evidence, or committing more crimes. For foreigners, these measures can hit hard, disrupting travel plans or business operations. Knowing what they are and how they’re applied can help you prepare or push back when needed.

Detention: The Short-Term Hold in Criminal Proceedings

Detention is the first and most immediate measure. It’s a temporary restriction of your freedom, often used right after a crime is suspected. Under Vietnamese law, police can detain you for up to 3 days (72 hours) without formal charges—extendable to 12 days in special cases, like national security threats, with Procuracy approval.

Picture this: in 2024, a foreign tourist in Da Nang was detained after a bar fight. Police held them for 48 hours, gathering witness statements before releasing them when evidence cleared their name. Detention’s purpose is quick fact-checking—Are you a flight risk? Did you do it? But it’s not a free-for-all; the law requires a written detention order, and you’re entitled to a lawyer and interpreter from the start.

The catch? Those 72 hours can feel endless if you don’t speak Vietnamese or know your rights. Mishandling this stage—like arguing without counsel—can escalate things. La Défense steps in early, ensuring detention is lawful and brief where possible.

Custody: Longer-Term Restriction in Criminal Proceedings

If the investigation digs deeper and prosecution looms, custody kicks in. This is pre-trial detention, where you’re held in a facility while evidence is gathered. The Criminal Procedure Code allows custody for up to 4 months for most crimes, extendable to 12 months for serious cases (e.g., drug trafficking or corruption) with approval from the People’s Procuracy.

Custody isn’t automatic—it’s used when authorities believe you might flee, destroy evidence, or reoffend. In a 2023 tax evasion case, a foreign business owner was placed in custody after booking a flight out of Vietnam, seen as a flight risk. Their lawyer later proved the trip was for business, securing bail after 2 months. Conditions vary—some facilities are basic, others overcrowded—but you retain rights: legal counsel, family contact (limited), and interpreter access.

For foreigners, custody can disrupt everything—work, family, visas. Challenging it requires sharp legal moves, something La Défense excels at, negotiating releases or bail when the law allows.

Travel Restrictions: Staying Put

Not every case warrants locking you up. Travel restrictions—banning you from leaving Vietnam or specific areas—are a lighter but still serious measure. Applied during investigation or trial, they ensure you’re available for questioning or court. Violating this can lead to arrest, as a 2024 drug suspect learned when caught at Tan Son Nhat Airport, doubling their troubles.

Travel bans hit foreigners hard, especially tourists or short-term workers. In a 2023 fraud probe, an expat faced a 6-month ban, stalling their return home. The restriction comes with a written order, and you can appeal if it’s excessive—say, if you’ve got strong ties to Vietnam proving you won’t flee. Lawyers often argue these cases by showing cooperation or offering guarantees like bail.

La Défense’s knack for quick appeals has lifted bans for clients, balancing legal compliance with personal freedom.

When and Why These Measures Are Applied

Authorities don’t slap these measures on randomly—specific triggers justify them:

Risk of Flight: If you’ve got no roots in Vietnam—like a tourist with a return ticket—you’re a candidate. Data from 2023 shows 30% of custody cases involved foreigners, often due to this risk.
Evidence Tampering: Suspected of influencing witnesses? Custody or restrictions follow. A 2024 case saw a defendant restricted after contacting a co-worker witness.
Public Safety: Serious crimes—like violence or trafficking—prompt harsher measures fast.

The decision lies with police, the Procuracy, or courts, depending on the stage. They weigh evidence and behavior, but mistakes happen—overzealous detentions aren’t rare. In 2023, 5% of custody orders were later deemed excessive, per judicial reviews.

Your Rights Under Preventive Measures

Even under detention or custody, you’re not powerless. The law grants:

Legal Representation: A lawyer can challenge the measure’s legality or duration.
Notification: You must be told why you’re held, in writing, within 24 hours.
Interpreter Access: Crucial for foreigners—without it, you’re in the dark.
Bail Option: For lesser crimes, you can request release on bail or house arrest, though approval’s not guaranteed.

A 2024 theft case showed this in action: a foreign defendant’s lawyer secured bail after proving low flight risk, avoiding months in custody. Knowing and using these rights takes skill—something lawyers bring to the table.

Challenges for Foreigners

These measures hit outsiders hardest. Language barriers make orders confusing—imagine deciphering a custody notice in Vietnamese. Visa issues pile on; a travel ban can expire your legal stay, triggering immigration woes. Culturally, Vietnamese authorities lean toward caution with foreigners, assuming flight risk. A 2023 public disorder case saw a tourist detained longer than needed due to a lost passport, a fixable issue with better support.

La Défense tackles these head-on—translating orders, negotiating with immigration, and pushing for leniency based on solid evidence.

How La Défense Law Firm Helps

Preventive measures demand fast, smart responses, and La Défense Law Firm delivers. Our team blends global know-how with local expertise, challenging unlawful detentions, securing bail, or lifting travel bans. In 2024, we freed a client from custody in a fraud case by proving procedural errors, saving them weeks of stress. Clients choose us for our proactive edge—one said, “La Défense didn’t just wait; they acted.” We turn restrictions into opportunities for resolution.

Facing the Measures with Confidence

Detention, custody, and travel restrictions in Vietnam’s criminal proceedings are tough but not unbeatable. In 2025, as Vietnam’s legal system keeps pace with its bustling economy, these measures protect the process—but they don’t have to derail your life. Understanding their scope and your rights is the first step; having a lawyer’s support is the next.

Don’t let the system catch you off guard. With La Défense by your side, you’ve got a team that knows the rules and bends them in your favor where possible. Ready to face these measures? Knowledge—and the right help—keeps you steady.

Read more: