Being accused of a crime is serious but when it involves borders, it becomes even more complicated. In Vietnam, legal actions such as extradition or deportation may apply depending on where the crime was committed and who is involved. These measures can affect foreign nationals living in Vietnam, Vietnamese citizens abroad, or even someone just transiting through the country.

Understanding the difference between extradition and deportation — and when they apply is essential if you or your business partners operate internationally. This article explains how Vietnam handles these legal processes, what triggers them, and what rights the accused have under the law.

What Is the Difference Between Extradition and Deportation in Vietnam?

Extradition and deportation are two separate legal tools used by governments, but they are often confused.

• Extradition is the formal process by which Vietnam sends someone to another country to face criminal charges or serve a sentence. It involves legal review, typically based on treaties, mutual legal assistance agreements, or diplomatic requests. Extradition is court-supervised and follows strict procedural rules.
• Deportation, on the other hand, is an administrative measure used to remove a foreigner from Vietnam, usually for immigration violations or lesser offenses. It does not require a trial or criminal conviction and is often executed by order of the Ministry of Public Security.

The key difference lies in their nature: extradition is judicial and international, while deportation is domestic and administrative.

Legal Basis for Extradition in Vietnam

Vietnam’s extradition framework is set out in the Law on Mutual Legal Assistance (2007), which outlines procedures for both requesting and complying with extradition requests. Extradition is typically granted based on bilateral or multilateral treaties, but it may also proceed based on the principle of reciprocity if no formal agreement exists.

Vietnam has signed extradition treaties with countries such as:

• France
• South Korea
• India
• Algeria
• Hungary
• Belarus

Vietnam is also a party to regional agreements under ASEAN that support mutual legal cooperation.

The existence of a treaty facilitates smoother coordination, but all requests are still subject to Vietnam’s sovereignty and legal safeguards.

When Can Vietnam Extradite Someone?

Extradition in Vietnam typically occurs when a person is sought by another country for prosecution or to serve a sentence. The crime must be recognized as a criminal offense in both Vietnam and the requesting country, a principle known as dual criminality.

Common reasons for extradition include:

• Serious criminal charges such as corruption, money laundering, tax evasion, or organized crime
• Fugitive status due to an international arrest warrant or court-issued sentence

Vietnam may deny extradition if:

• The offense is political or military in nature
• The person faces the risk of persecution, torture, or inhumane treatment
• The individual has already been prosecuted or acquitted in Vietnam for the same offense

Even with a valid request, extradition depends on Vietnam’s internal legal and political assessment.

Who Can Be Extradited or Deported from Vietnam?

Vietnam differentiates clearly between how it treats its own citizens and foreign nationals:

• Foreign nationals: May be extradited if they are wanted abroad for serious crimes, or deported if they violate immigration rules or commit minor offenses in Vietnam. Deportation is often the preferred route for lower-risk cases.
• Vietnamese citizens: The law prohibits the extradition of Vietnamese nationals. Instead, if they are accused or convicted abroad, they may be prosecuted domestically under Vietnam’s criminal law system.

Foreign nationals can face deportation for:

• Criminal acts such as theft, assault, or drug-related offenses
• Immigration violations including visa overstays or unauthorized employment
• Activities considered a threat to national security or public order

These removals may occur quickly, especially in non-serious cases.

The Extradition Process in Vietnam: Step-by-Step

The extradition process involves multiple government bodies and legal checkpoints:

1. Request submission: A foreign government formally requests extradition through diplomatic channels.
2. Review and coordination: The Ministry of Public Security and the Ministry of Justice examine the request to ensure it complies with Vietnamese law and bilateral treaties.
3. Court involvement: The Supreme People’s Court may be consulted to evaluate legal merits.
4. Presidential approval: For treaty-based requests, the President of Vietnam must authorize extradition.
5. Legal defense: The accused has the right to challenge extradition, present evidence, and be represented by legal counsel.

The process can take several months, particularly when complex legal or diplomatic issues are involved.

Deportation in Vietnam: When Is It Used Instead of Extradition?

Deportation is an administrative tool used to remove foreigners from Vietnam for legal or regulatory violations. It is governed by Vietnam’s Law on Entry, Exit, Transit and Residence of Foreigners.

Typical grounds for deportation include:

• Visa overstays or misuse of visa category (e.g., working on a tourist visa)
• Criminal behavior not warranting extradition
• Involvement in prohibited activities or associations

The decision is issued by the Immigration Department and does not require a trial. However, those facing deportation may be given a short window to leave voluntarily, failing which forced removal may follow.

Penalties may include reentry bans for several years and restrictions on future visa applications.

Rights of the Accused in Extradition and Deportation Cases

Vietnamese law provides a number of rights for individuals subject to extradition or deportation:

• Right to legal representation: Accused individuals can retain an attorney to challenge the request or deportation order.
• Right to be notified: The grounds for extradition or deportation must be communicated clearly and promptly.
• Right to consular access: Foreign nationals may contact their consulate or embassy for assistance.
• Right to appeal: In extradition matters, appeals can be filed through the judicial system. For deportation, administrative petitions or intervention by legal counsel may be possible.

Legal procedures vary by case, but early intervention by a qualified lawyer can make a significant difference in the outcome.

Recent Cases and International Trends Involving Vietnam

Vietnam’s role in international criminal cooperation has grown in recent years, particularly in areas involving financial crime, corruption, and transnational fraud.

Key developments include:

• Interpol cooperation: Vietnam has executed arrests based on Interpol Red Notices, especially for foreign fugitives residing or transiting in the country.
• High-profile domestic prosecutions: Instead of extraditing citizens, Vietnamese authorities have pursued local prosecution in corruption and economic crime cases.
• ASEAN regional collaboration: Joint efforts with neighboring countries have improved coordination in locating fugitives and sharing legal intelligence.

These trends signal a more assertive stance by Vietnamese authorities and closer ties with global enforcement frameworks.

Extradition and Deportation of Dual Nationals in Vietnam

Vietnam does not formally recognize dual citizenship in most practical applications, which can lead to complications for individuals holding two nationalities. For example, someone holding both Vietnamese and foreign citizenship may still be treated exclusively as a Vietnamese citizen under Vietnamese law.

This distinction becomes critical in extradition cases. If a person holds Vietnamese citizenship, regardless of any other nationality, they are generally not extradited. Instead, Vietnamese authorities may choose to prosecute the individual domestically under Vietnamese law. This can limit international cooperation efforts and lead to complex jurisdictional challenges.

Foreign nationals with Vietnamese heritage, naturalized Vietnamese citizens, or those born abroad to Vietnamese parents should be aware of how Vietnam may categorize their status in legal proceedings. Legal recognition, passport usage, and residency registration can all influence how the government views citizenship in extradition and deportation matters.

Know the Risks and Protect Your Rights Early

Extradition and deportation are significant legal processes that can impact foreign nationals and cross-border businesses operating in Vietnam. Understanding how and when these procedures apply is essential for mitigating risk and responding appropriately.

Being aware of your legal rights and obligations whether related to criminal charges, immigration compliance, or international cooperation allows for informed decision-making. Early legal guidance can help individuals and businesses navigate the process with clarity, respond effectively to government actions, and explore options for resolution where available.

Le & Tran is recognized as a leader in Vietnam’s legal landscape, earning praise from top legal publications like Chambers, Legal500, and Benchmark Litigation, as well as being highly recommended by AmCham Vietnam and the US Consulate. Our top-ranked Criminal Lawyers are known for delivering practical and strategic solutions that protect your rights and interests. Whether facing deportation, extradition, or other cross-border legal challenges, our team provides trusted support with discretion and precision. For professional support in criminal matters in Vietnam, contact us at info@letranlaw.com.