What You Need to Know: Rights and Obligations of the Accused and Defendant in Vietnam’s Criminal Proceedings in 2025

When you find yourself caught up in criminal proceedings in Vietnam—whether as the accused during an investigation or a defendant facing trial—the experience can feel like a whirlwind. For foreigners especially, the legal system might seem intimidating, with its mix of local laws and unfamiliar procedures. Yet, Vietnam’s 2015 Criminal Procedure Code, updated in 2021, lays out clear rights and obligations to ensure fairness, even if you’re not a legal expert. This guide breaks it all down in a straightforward way, using real-life examples to show how it works. Along the way, we’ll touch on how La Défense Law Firm can help you navigate this with confidence.

Why This Matters to You

Being accused or charged with a crime isn’t just a legal label—it’s a situation that can upend your life. In Vietnam, where over 70,000 criminal cases were processed in 2023 according to the Ministry of Public Security, the system is active and impacts everyone from locals to expats. Knowing your rights protects you from unfair treatment, while understanding your obligations keeps you from unintentionally worsening your case. For foreigners—whether tourists, workers, or business owners—this knowledge is a lifeline in a system that’s not always intuitive to outsiders.

Your Rights as the Accused or Defendant in Criminal Proceedings

Vietnam’s laws guarantee certain protections to ensure you’re treated fairly, whether you’re under investigation (the “accused”) or formally charged and facing trial (the “defendant”). Here’s what you’re entitled to:

Right to Legal Counsel: From the moment you’re questioned, you can have a lawyer. This isn’t optional for the system—it’s your right. In a 2024 case, a foreign tourist accused of a bar fight in Hanoi got a lawyer who clarified a misunderstanding, avoiding charges altogether.
Right to an Interpreter: If you don’t speak Vietnamese, the state provides a translator free of charge. This is crucial—court proceedings and documents are in Vietnamese, and miscommunication can sink your defense.
Right to Remain Silent: You don’t have to incriminate yourself. Unlike some systems where silence looks suspicious, Vietnam respects this choice, though police might press for a statement.
Right to Present Evidence: You can submit documents, call witnesses, or point out flaws in the prosecution’s case. In a 2023 fraud case, a defendant’s lawyer presented bank records that disproved the charges, leading to acquittal.
Right to Appeal: If convicted, you have 15 days to appeal to a higher court. This saved an expat in 2024 who overturned a minor theft conviction after new evidence surfaced.

These rights level the playing field. They’re not just words on paper—when used well, they can shift outcomes. The catch? You need to know how to activate them, especially in a fast-moving system.

Your Obligations in Criminal Proceedings

Rights come with responsibilities. Vietnam’s legal system expects you to play your part, and failing to do so can complicate things. Here’s what’s required:

Cooperate with Authorities: You must show up when summoned—whether for questioning or court. Ignoring a summons, like a foreign worker did in a 2023 tax evasion probe, can lead to arrest warrants.
Provide Truthful Information: If you choose to speak, lying isn’t an option. Perjury carries penalties under Article 382 of the Penal Code—up to 7 years in prison.
Respect Court Orders: This includes bans on leaving the country or contacting witnesses. In a 2024 drug case, a defendant’s travel attempt during trial doubled their sentence.
Meet Deadlines: Filing an appeal or submitting evidence has strict timelines—miss them, and you lose your chance.

These obligations aren’t meant to trap you—they keep the process moving. For foreigners, the challenge is knowing what’s expected when instructions arrive in Vietnamese or cultural norms differ.

How It Plays Out in Real Life

Let’s paint a picture. Imagine you’re a foreign business owner in Ho Chi Minh City accused of contract fraud in 2025. The police summon you as the “accused.” You exercise your right to a lawyer and interpreter, staying silent until you understand the evidence—smart moves that keep your options open. The case moves to trial, and as a “defendant,” you present emails proving the contract was honored, countering the prosecution’s claims. You meet your obligation to attend hearings, avoiding delays. The judge rules in your favor, but if they hadn’t, you’d have 15 days to appeal.

Contrast this with a 2023 case: a tourist accused of vandalism skipped a summons, thinking it was optional. They were detained, and their silence—without legal advice—looked evasive, hurting their case. Knowing your rights and duties changes the game.

Key Differences Between Accused and Defendant in Criminal Proceedings

The terms “accused” and “defendant” aren’t interchangeable—they mark different stages with slightly different stakes:

Accused: This is you during the investigation. No formal charges yet—just suspicion. Your rights focus on avoiding self-incrimination while police build a case. Detention can happen, but it’s limited (up to 4 months pre-trial).
Defendant: Once charged and in court, you’re a defendant. The focus shifts to defending against a concrete indictment. Trials are public, and your rights—like presenting evidence—take center stage.

Understanding where you stand helps you act strategically. La Défense Law Firm excels at guiding clients through both phases, ensuring no right is missed and no obligation trips you up.

Challenges Foreigners Face

Vietnam’s system isn’t built for outsiders. Interpreters might be spotty—free ones can miss nuances, leaving you confused about charges. Deadlines (like 15 days for appeals) sneak up fast if you’re juggling translations. Culturally, Vietnamese courts value confessions and cooperation, which can clash with a foreigner’s instinct to deny everything. A 2024 example: a U.S. expat accused of public disorder pleaded not guilty aggressively, misreading the court’s expectation of remorse, and got a harsher fine.
These hurdles aren’t insurmountable—with the right support. La Défense bridges the gap, offering fluent translations, timely filings, and advice tailored to Vietnam’s legal quirks.

Why La Défense Law Firm Stands Out

Facing criminal proceedings in Vietnam demands more than luck—it needs a partner who gets it. La Défense Law Firm blends international savvy with local expertise, making us a go-to for foreigners. We’ve helped clients claim their rights—like securing top interpreters—or meet obligations without stress, like filing appeals on time. Our strength? We don’t just react; we strategize, turning legal challenges into opportunities. A client once said, “La Défense made me feel in control, not lost.” That’s why people choose us—clarity and results.

Empower Yourself in the Process

Your rights and obligations as the accused or defendant in Vietnam’s criminal proceedings are two sides of the same coin—protection and responsibility. In 2025, with Vietnam’s legal system busier than ever, knowing these can mean the difference between a fair shot and a rough ride. From staying silent to appealing a verdict, every move counts. For foreigners, it’s about turning a foreign system into familiar ground.

Don’t navigate this alone. With experts like La Défense by your side, you can face the process with confidence, not confusion. Ready to stand up for your rights—or meet your duties head-on? It starts with understanding, and now you’ve got the basics covered.

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