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Many foreigners in Vietnam are surprised to find themselves invited by the police for questioning or under investigation in cases related to sexual relations with someone under 18 years old.
In many situations, individuals state that they did not know the real age of the other person, or believed that the relationship was consensual and therefore assumed there would be no legal consequences.
However, Vietnamese criminal law takes a very strict approach to protecting minors, especially those under the age of 16. An act that may not be considered a crime in another country could still lead to criminal prosecution in Vietnam.
So, when can sexual relations with a person under 18 result in criminal liability under Vietnamese law? What legal risks should foreigners be aware of if they are under investigation or invited to work with the police?
This article explains the current legal framework in Vietnam and outlines important steps to consider if you encounter this situation.
Issues involving sexual conduct with minors in Vietnam are primarily governed by the Vietnamese Criminal Code 2015 (as amended). The law focuses on protecting children under 16 and individuals aged between 16 and under 18 from sexual exploitation or abuse.
One important point to understand is that not every sexual relationship with a person under 18 is automatically a crime. However, in many situations, such conduct may still lead to criminal liability.
Under the Vietnamese Criminal Code – the offense of sexual intercourse or other sexual acts with a person aged from 13 to under 16, an individual may face criminal charges if:
This means that:
The consent of a person under 16 does not eliminate criminal liability.
This rule often surprises foreigners. In some jurisdictions, consensual relationships with a small age difference may not be considered criminal. However, Vietnamese law prioritizes the protection of minors, and therefore consent is not the decisive factor.
The penalties can be serious, typically ranging from 1 to 5 years of imprisonment, and in aggravated circumstances (such as repeated acts, involvement of multiple offenders, or causing harm to the victim), the penalties may increase significantly.
In addition, if the conduct involves force, coercion, threats, or violence, the case may fall under more serious criminal offenses, such as:
These offenses carry very severe penalties under Vietnamese criminal law.
For individuals aged 16 to under 18, Vietnamese law does not completely prohibit consensual sexual relationships. However, criminal liability may still arise in certain circumstances, such as:
Under the Vietnamese Criminal Code, purchasing sexual services from a person under 18 is a criminal offense, even if the person is between 16 and 17 years old and appears to consent.
This situation sometimes occurs in cases involving foreigners in Vietnam, particularly in environments such as:
In many investigations, foreigners state that they were unaware of the other person's true age. However, the authorities may still assess criminal liability based on available evidence and circumstances.
Through our experience advising criminal cases involving foreigners in Vietnam, we have found that many individuals do not anticipate certain legal risks.
Understanding these risks may help you better protect your rights during an investigation.
This situation happens frequently.
Many clients have explained that:
However, during an investigation, authorities will determine age based on official records such as birth certificates or civil registry documents, rather than initial statements.
This means that not knowing the real age does not automatically exclude criminal liability.
Each case will be evaluated based on factors such as:
Therefore, the legal strategy adopted from the early stages of an investigation can be very important.
Another common mistake is cooperating with investigators without legal counsel.
Many people believe that full cooperation will quickly resolve the situation. However, in criminal cases, initial statements can significantly influence the direction of the entire investigation.
For foreigners, additional challenges may arise, including:
These factors may lead individuals to unknowingly make statements that are not in their best interest.
In many situations, having a lawyer involved early in the process helps protect your legal rights and ensures that investigative procedures comply with Vietnamese law.
If you or someone close to you has been invited by the police for questioning or is under investigation for a case involving a person under 18, the most important step is to remain calm and understand the legal process.
Each case is different, and the legal outcome will depend on various factors such as evidence, witness statements, and the course of the investigation.
Before working with investigators, you should:
In criminal investigations, even small details in a statement can influence the direction of the case.
Preparing carefully before engaging with authorities is therefore extremely important.
In criminal cases involving foreigners, it is often crucial to have a lawyer who understands Vietnamese law and has experience working with investigative authorities.
An experienced lawyer may assist with:
However, it is important to understand that no lawyer can guarantee the outcome of a criminal case. Each situation depends on the investigation and the assessment of the competent authorities.
Criminal cases involving foreign nationals in Vietnam are often more complex than ordinary cases. Beyond criminal law issues, there may also be challenges such as:
DEDICA Law is a professional law firm based in Ho Chi Minh City with a team of lawyers who have worked at international law firms and multinational corporations.
We regularly assist:
We understand that facing a criminal investigation in a foreign country can be extremely stressful and uncertain. Our goal is to help clients clearly understand their legal situation and identify the most appropriate course of action.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice for any specific case.
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