Are foreigners who commit crimes in Vietnam subject to the death penalty?

According to Clause 1, Article 3 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, it is stipulated as follows:

Word explanation

In this Law, the following terms are construed as follows:

1. Foreigners are people holding documents identifying foreign nationality and stateless people entering, exiting, transiting, and residing in Vietnam.

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According to Article 5 of the 2015 Penal Code, the effect of the Penal Code on criminal acts committed in the territory of the Socialist Republic of Vietnam is stipulated as follows:

The effect of the Penal Code on criminal acts committed in the territory of the Socialist Republic of Vietnam

1. The Penal Code applies to all criminal acts committed within the territory of the Socialist Republic of Vietnam.

This provision also applies to criminal acts or consequences of criminal acts occurring on aircraft or ships of Vietnamese nationality or in the exclusive economic zone or continental shelf of Vietnam......

2. For foreigners who commit crimes in the territory of the Socialist Republic of Vietnam and are entitled to diplomatic or consular immunity under Vietnamese law, under international treaties to which the Socialist Republic of Vietnam is a member or under international practice, their criminal liability shall be resolved according to the provisions of such international treaties or international practice; in cases where such international treaties do not provide or there is no international practice, their criminal liability shall be resolved through diplomatic channels.

According to Clause 2, Article 6 of the 2015 Penal Code, it is stipulated as follows:

The effect of the Penal Code on criminal acts committed outside the territory of the Socialist Republic of Vietnam

1. Vietnamese citizens or Vietnamese commercial legal entities who commit crimes outside the territory of the Socialist Republic of Vietnam that are defined as crimes by this Code may be prosecuted in Vietnam according to the provisions of this Code. This provision also applies to stateless persons permanently residing in Vietnam.

2. Foreigners and foreign commercial legal entities who commit crimes outside the territory of the Socialist Republic of Vietnam may be prosecuted for criminal liability under the provisions of this Code in cases where the crime infringes upon the legitimate rights and interests of Vietnamese citizens or the interests of the Socialist Republic of Vietnam or under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

Thus, foreigners are people holding documents identifying foreign nationality and stateless people entering, exiting, transiting, and residing in Vietnam.

Foreigners who commit crimes outside the territory of Vietnam may still be prosecuted under the provisions of the 2015 Penal Code in cases where the crime infringes upon the legitimate rights and interests of Vietnamese citizens or infringes upon the interests of Vietnam.

Therefore, when foreigners commit crimes in Vietnam, they can still be sentenced to death if they do not fall into the cases of immunity.