Legal base:

• Criminal Code 
• Law on Legal Assistance

Complex fluctuations of the world are putting pressure on increasing crime. It creates difficulties and challenges for crime prevention. Notably, foreigners could take advantage of Vietnam to commit crimes using high technology (for example: scams, online gambling, …) tends to increase. So what will happen if a foreigner commits crimes in the territory of Vietnam?  

1. Effect of the Criminal Code on criminal offences committed 

According to Article 5 of the Criminal Code, the effect of the Criminal Code for criminal acts in the territory of the Socialist Republic of Vietnam is as follows:

1. The Criminal Code applies to every criminal offence committed within the territory of the Socialist Republic of Vietnam.

It also applies to criminal offences committed on sea-going vessels and airplanes having Vietnamese nationality or operating in Vietnam’s exclusive economic zones or continental shelves or consequences thereof.

2. Criminal liability of foreigners who commit criminal offences within the territory of Socialist Republic of Vietnam and are granted diplomatic immunity according to Vietnam’s law or under an international agreement to which Socialist Republic of Vietnam is a signatory or according to international practice shall be dealt with in accordance with the international agreement or practice. If the case is not set out in any international agreement or there is no such international practice, their criminal liability shall be dealt with in a diplomatic manner.

Therefore, according to the above provisions, if a foreigner who commits a crime in Vietnam is not eligible for immunity under Clause 2 of this Article, his/her criminal act will be examined for criminal liability according to Vietnamese regulations, specifically in the Criminal Code.

2. Cases of extradition for foreigners committing crimes in Vietnam

According to Article 33 of the Law on Legal Assistance, a person who can be extradited is a person who commits an offense for which the Vietnamese Criminal Code and the criminal law of the requesting country stipulate a term of imprisonment from one year above, life imprisonment or death, or has been sentenced to imprisonment by a court of the requesting country with at least six months remaining for serving the prison sentence. In case this person’s criminal act occurs outside the requesting country’s territory but according to the provisions of the Vietnam Criminal Code, this is a criminal act, the criminal extradition can also be carried out. 

 However, the proceeding agencies of Vietnam refuses to extradite if the extradition request falls into one of the cases which regulate in Clauses 1 and 2, Article 35 of the Law on Legal Assistance, including:

• The persons requested to be extradited are Vietnamese citizens;
• Under Vietnamese law, the persons requested to be extradited cannot be examined for criminal liability or serve their penalties due to expired statute of limitations or other lawful reasons;
• The persons requested to be extradited for criminal liability examination have already been condemned by Vietnamese courts with legally effective judgments for the criminal acts stated in the extradition requests or the cases have been suspended under Vietnam’s criminal procedure law;
• The persons requested to be extradited are those who are residing in Vietnam for reasons of possible coercion in the extradition-requesting country due to discrimination of race, religion, gender, nationality, ethnicity, social class or political viewpoint;
• The extradition requests are related to different crimes and each crime can be examined for penal liability under the law of the extradition-requesting country, but fail to comply with Clause 1 Article 33 of this Law.
• Acts committed by persons requested for extradition are not crimes under Vietnam’s Criminal Code;
• Persons requested for extradition are being examined for criminal liability in Vietnam for the criminal acts stated in the extradition requests.

3. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

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To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

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