How Are Foreigners Prosecuted for Sexual Intercourse with a Minor in Vietnam?

A foreigner who engages in sexual intercourse with a minor in Vietnam may face serious criminal liability under the 2015 Criminal Code of Vietnam (as amended in 2017). If you or your loved one has been summoned by the police, placed under investigation, or arrested, the most pressing concerns are often: Will there be pre-trial detention? Will deportation apply? How many years of imprisonment could be imposed?

This article explains the relevant legal framework, potential risks, and practical steps to protect your lawful rights in each specific situation.

Sexual Intercourse with a Minor Under Vietnamese Law

When a foreign national is accused of engaging in sexual intercourse with a minor in Vietnam, the first and most important point to understand is this: Vietnamese criminal law applies equally to all individuals committing crimes within the territory of Vietnam, regardless of nationality. This principle is clearly stipulated in the current Criminal Code.

However, not all cases are treated the same. The age of the alleged victim, whether there was consent or coercion, whether force was used, and the presence of aggravating or mitigating circumstances will directly affect the applicable charge and penalty.

1. Possible Criminal Charges

Depending on the specific facts of the case, investigating authorities may consider one of the following offenses under the 2015 Criminal Code (as amended in 2017):

• Rape of a person under 16 years old
• Sexual intercourse or other sexual acts with a person from 13 to under 16 years old

For example:

• If the victim is under 13 years old, sexual intercourse is almost certainly prosecuted with very severe penalties.
• If the victim is from 13 to under 16 years old, even in cases where there appears to be “consent,” Vietnamese law may still consider the conduct a criminal offense.

Penalties may range from several years of imprisonment to life imprisonment, depending on the nature, severity, and consequences of the act. In particularly serious cases, the sentence can be extremely heavy.

Important note: Every criminal case has its own specific facts. The application of a particular legal provision depends on the investigation file, witness statements, forensic results, and the assessment of competent authorities.

2. Will a Foreigner Be Deported?

Many foreign clients ask: “If I am convicted, will I be deported immediately?”

Under Vietnamese law, in addition to the principal penalty (such as imprisonment), the Court may impose deportation as an additional penalty. However, deportation is not automatic in every case. It depends on the final judgment.

In practice, a foreign defendant may:

• Be held in pre-trial detention during the investigation;
• Be tried and serve a prison sentence in Vietnam;
• Be considered for deportation afterward, depending on the Court’s judgment or decision of the competent authority.

For this reason, having a criminal defense lawyer who understands Vietnamese law from the earliest stage of the case is critically important.

Legal Risks and How to Protect Your Lawful Rights

When summoned or arrested in connection with a criminal case in Vietnam—especially offenses involving minors—foreign nationals often feel overwhelmed. They may not understand the criminal procedure, face language barriers, or be unaware of their legal rights.

This is precisely when staying calm and taking the right legal steps becomes essential.

1. Risks During the Investigation Stage

The investigation stage is decisive. Initial statements, answers to questioning, and signatures on official minutes can have long-term consequences for the outcome of the case.

Common risks include:

• Not fully understanding the content of written records due to language barriers
• Being unaware of the right to legal counsel from the moment of detention
• Unintentionally admitting unfavorable facts
• Not being fully informed of procedural rights and obligations

Under the Criminal Procedure Code of Vietnam, an accused person has the right to:

• Engage a defense lawyer
• Have an interpreter if they do not speak Vietnamese
• Present statements and provide evidence and documents in their defense

Failing to exercise these rights from the beginning may significantly weaken one’s legal position.

2. Legal Strategy and the Role of a Lawyer

In criminal cases involving foreign elements—especially allegations of sexual intercourse with a minor in Vietnam—a lawyer’s role goes beyond courtroom representation. Legal counsel may:

• Work directly with investigating authorities to safeguard the client’s lawful rights
• Explain legal procedures clearly in English or another appropriate language
• Analyze the facts to determine whether the alleged offense is legally substantiated
• Identify and propose mitigating circumstances under the law
• Protect the lawful rights and interests of victims (if the client is the injured party)

DEDICA Law, based in Ho Chi Minh City, regularly advises and represents clients in criminal cases involving foreign nationals. Our lawyers have prior experience working at international law firms and multinational corporations, with a deep understanding of cross-border legal and cultural differences.

Each case is assessed independently, based on the actual case file and applicable law. We never promise a specific outcome or guarantee that a client will “definitely avoid imprisonment,” as the final decision rests with the competent authorities. However, we are committed to making every lawful effort to protect our clients’ legitimate rights and interests under Vietnamese law.

What You Should Do Immediately If You Are Under Investigation

If you or your loved one is a foreign national involved in a criminal case in Vietnam—particularly an allegation involving a minor—consider the following:

• Do not leave your place of residence if preventive measures have been imposed.
• Avoid discussing the case publicly or on social media.
• Request the presence of a lawyer from the earliest possible stage.
• Preserve and prepare relevant documents and evidence (messages, emails, electronic data, etc.).

Acting early, strategically, and in compliance with the law can significantly reduce legal risks and help prevent long-term consequences.

Conclusion: Do Not Face Legal Risks Alone

Being investigated for sexual intercourse with a minor in Vietnam is an extremely serious legal matter, especially for foreign nationals. In addition to potential criminal liability, you may face reputational damage, professional consequences, visa issues, and long-term impacts on your future in Vietnam.

However, each case is fact-specific. A proper legal assessment must be based on the actual case file and in-depth consultation with a lawyer experienced in criminal defense and cases involving foreign nationals.

Are you facing a similar legal situation?
Contact DEDICA Law today to receive a tailored legal strategy suited to your specific circumstances.

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