What Happens When You’re Restricted: Detention, Custody, and Travel Bans in Vietnam’s Criminal Proceedings in 2025

If you’ve ever wondered what it’s like to be caught up in a Criminal Proceedings in Vietnam, terms like detention, custody, and travel restrictions might sound distant—until they’re not. These are the tools authorities use to keep tabs on suspects while a case unfolds, and for foreigners, they can turn a trip or business venture into a legal tangle fast. Rooted in Vietnam’s 2015 Criminal Procedure Code (updated in 2021), these measures aren’t about guilt—they’re about control during the process. This guide walks you through what they mean, how they’re used, and what you can do about them, with real-life examples to keep it relatable. Plus, we’ll show how La Défense Law Firm can be your lifeline in these situations.

The Point of These Measures in Criminal Proceedings

Vietnam’s legal system is busy—handling over 70,000 criminal cases in 2023, according to the Ministry of Public Security—and it’s built to maintain stability. Preventive measures like detention, custody, and travel restrictions step in to stop suspects from disappearing, messing with evidence, or causing more trouble. For foreigners—tourists, workers, or entrepreneurs—these can feel heavy-handed, especially if you’re used to different rules back home. But they’re standard here, and understanding them can save you from being blindsided.

Detention: The First Step That Locks You Down

Detention is the quick grab—it’s when police pull you in for up to 3 days (72 hours) to figure things out, no charges needed yet. In rare cases, like organized crime, it can stretch to 12 days with approval. Think of it as a timeout while they check the story.

Take a 2024 incident in Nha Trang: a foreign backpacker got detained after a beach theft report. Police held them for 36 hours, confirmed they were just a witness, and let them go. It’s meant to be short, but those hours can drag if you’re stuck in a cell with no clue what’s happening. You’re supposed to get a written order and access to a lawyer—rights that matter more when you don’t speak the language.

For foreigners, detention can spiral if mishandled. La Défense jumps in here, making sure it’s legal and pushing for a quick release when the evidence doesn’t add up.

Custody: When They Keep You Longer

If the case gets serious—say, enough evidence points to you—custody takes over. This is pre-trial detention, locking you up for up to 4 months, or even a year for big crimes like fraud or trafficking, if the Procuracy agrees. It’s not a hotel stay—conditions can be tough, and you’re cut off from normal life.

In 2023, an expat manager in Hanoi faced custody during a bribery probe. They spent 3 months inside until their lawyer proved the payments were legit business costs, securing their release. Custody kicks in if you’re seen as a flight risk or a threat to the case—like if you’ve got a plane ticket booked. You still have rights: a lawyer, limited family visits, and an interpreter if needed.

For foreigners, this can mess with visas or work—custody doesn’t care about your schedule. La Défense’s knack for challenging weak custody orders has freed clients faster than they expected.

Travel Restrictions: Grounded Until It’s Over

Sometimes, they don’t lock you up—they just keep you in place. Travel restrictions stop you from leaving Vietnam or even moving within it, often during investigations or trials. Break the rule, and you’re in deeper trouble—think arrest or worse.

A 2024 case in Ho Chi Minh City showed this: a foreign consultant under investigation for contract disputes got a 5-month travel ban. They tried sneaking out via Cambodia, got caught, and faced extra charges. These bans come with paperwork, and you can fight them—say, by proving you’re not running. For tourists or short-term visitors, it’s a curveball that can overstay your visa.
La Défense has a knack for softening these—our team’s argued successfully to lift bans by showing clients’ ties to Vietnam, keeping their lives on track.

Why They Use These—and When in Criminal Proceedings

These measures aren’t random. They’re triggered by specific risks:

You Might Run: No local ties—like a foreigner with a return ticket—raises red flags. In 2023, 25% of custody cases targeted non-residents, per official stats.
Evidence at Stake: If you could sway witnesses or shred documents, restrictions tighten. A 2024 theft suspect got a ban after texting a witness.
Safety Concerns: Violent or repeat offenses push for custody fast.

Police start it, but the Procuracy or courts can step in later. Errors happen—overreach isn’t uncommon, with 4% of measures overturned in 2023 for being unjustified, per judicial reviews.

What You Can Do About It

You’re not helpless under these measures. The law gives you tools:

Legal Support: A lawyer can challenge detention or custody if it’s shaky—say, no solid evidence.
Get Notified: You’re owed a written explanation within 24 hours—demand it.
Language Help: Foreigners get free interpreters—vital when orders are in Vietnamese.
Bail Chance: For smaller crimes, you can ask for bail or house arrest, though it’s not a sure thing.

In a 2023 public disorder case, a foreign worker’s lawyer got them out of custody on bail by proving they weren’t fleeing. La Défense knows how to pull these levers, turning restrictions into negotiations.

The Foreigner Struggle in Criminal Proceedings

These measures hit outsiders differently. A detention order in Vietnamese is gibberish without translation, and custody can tank your visa status. Travel bans feel personal when you’re just visiting. Vietnam’s system assumes foreigners might bolt—fair or not—so you’re watched closer. A 2024 tourist in custody lost their job back home after a delayed theft probe; better counsel could’ve sped things up.

La Défense cuts through this—translating fast, syncing with immigration, and arguing your case with local savvy.

How La Défense Law Firm Makes It Easier

When preventive measures strike, you need more than hope—you need a plan. La Défense Law Firm blends global experience with Vietnam’s legal pulse, challenging unfair detentions, negotiating bail, or easing travel bans. In 2023, we slashed a client’s custody time in a fraud case by spotting police overreach. Clients pick us because we act, not just advise—one said, “La Défense kept me moving, not stuck.” We turn limits into openings.

Stay Ahead of the Game

Detention, custody, and travel restrictions in Vietnam’s criminal proceedings are about control, not conclusions. In 2025, as Vietnam balances growth and order, they’re tools you’ll face if a case comes your way. They can disrupt—hard—but they’re not the end. Knowing how they work and what you can push back on keeps you in the driver’s seat.

Don’t get caught flat-footed. With La Défense on your side, you’ve got a team that turns restrictions into manageable steps. Ready to handle whatever comes? It starts with understanding—and we’ve got your back.

Read more: