What Are the Penalties for a Foreigner Engaging in Sexual Intercourse with a Person Under 16 in Vietnam?

How will a foreigner be handled if accused of engaging in sexual intercourse with a person under 16 in Vietnam? Will they be imprisoned immediately? Can they return to their home country? When being summoned by the police, many individuals feel confused, frightened, and unsure about what to do next.

This article helps you understand the current Vietnamese legal regulations on the offence of sexual intercourse with a person under 16, the potential legal risks involved, and how to protect your lawful rights during investigation, prosecution, and trial.

Vietnamese Legal Regulations on Sexual Intercourse with a Person Under 16

When discussing foreigners committing crimes in Vietnam, many assume that nationality may result in lighter treatment or that they will be handled under the laws of their home country. In reality, Vietnamese law clearly regulates jurisdiction and criminal liability.

Legal Basis Applicable to Foreigners

Under Article 5 of the 2015 Criminal Code (amended and supplemented in 2017), all criminal acts committed within the territory of Vietnam are subject to Vietnamese criminal law, regardless of whether the offender is Vietnamese or a foreign national.

This means:

• If the alleged sexual conduct occurred in Vietnam, Vietnamese investigative authorities have jurisdiction.
• Foreign nationality is not a ground for exemption from criminal liability.
• Deportation may only be considered after criminal liability has been resolved, depending on the case.

Regarding sexual intercourse with a person under 16, Article 145 of the Criminal Code regulates the offence of “sexual intercourse or other sexual acts with a person aged from 13 to under 16.”

The basic penalty frame ranges from 1 to 5 years of imprisonment. In cases involving aggravating circumstances (such as committing the offence multiple times, causing harm to health, or resulting in pregnancy), the penalty may be significantly increased.

An important note: Vietnamese law considers age a decisive factor. Even if the person under 16 allegedly “consented,” criminal liability may still arise. This is a critical point that many foreigners misunderstand.

Factors That May Increase the Severity of the Case

Not all cases are identical. Investigative authorities will assess various factors, including:

• The exact age of the alleged victim (if under 13, a more serious offence may apply).
• The relationship between the parties (e.g., teacher–student, guardian–ward).
• Whether there was coercion or force.
• Actual consequences (physical harm, psychological impact, pregnancy, etc.).

In addition to criminal liability, the accused may be required to pay civil compensation, carry a criminal record, and face possible deportation after serving the sentence.

If you or your loved one has been summoned by the police regarding alleged sexual conduct with a person under 16, the most important step is not panic, but understanding your rights and obligations under Vietnamese law.

What Should a Foreigner Under Investigation Do to Protect Their Rights?

In practice, DEDICA regularly assists foreigners who are summoned for questioning or temporarily detained due to suspected sexual offences in Vietnam. A common first reaction is: “I didn’t realize Vietnamese law was this strict.”

However, during the investigation stage, your behavior and decisions can significantly impact the outcome of the case.

The Right to a Lawyer from the Investigation Stage

Under the 2015 Criminal Procedure Code, persons held in emergency circumstances, arrested individuals, detainees, and defendants have the right to engage a lawyer.

A lawyer can:

• Attend interrogation sessions with you.
• Explain your right to remain silent and your right not to self-incriminate.
• Assist in communication with investigative authorities in English or another appropriate language.
• Petition for changes in preventive measures (e.g., from detention to bail, if legally justified).

For foreigners, language barriers and differences in legal systems pose serious challenges. A statement given without proper understanding may have severe consequences.

We strongly recommend that you do not sign any working minutes or statements unless you fully understand their contents and have received appropriate legal advice.

Possible Outcomes and Mitigating Factors

Many clients ask: “Will I definitely go to prison?”

Frankly, no lawyer can guarantee the outcome of a criminal case. Each case depends on evidence, witness statements, forensic conclusions, and the assessment of the competent authorities.

That said, Vietnamese law provides for mitigating circumstances, such as:

• Honest and remorseful confession.
• Voluntary compensation and remedy of consequences.
• Good personal background and first-time offence.
• Active cooperation with investigative authorities.

In certain specific cases, the Court may consider imposing a penalty below the statutory frame or granting a suspended sentence under Article 65 of the Criminal Code, provided all legal conditions are satisfied. However, this is not automatic and must be evaluated based on the case file.

Additionally, foreigners may face further consequences:

• Refusal of visa extension.
• Revocation of work permit.
• Deportation after serving the sentence.

Therefore, having a clear legal strategy from the earliest stage is crucial.

The Role of a Lawyer When a Foreigner Is Involved in a Criminal Case in Vietnam

Facing a criminal charge—especially one as sensitive as sexual intercourse with a person under 16—can be emotionally overwhelming. Fear, shame, family pressure, professional consequences, and media exposure can lead to poor decisions.

DEDICA is a law firm based in Ho Chi Minh City, with lawyers who have worked at international law firms and multinational corporations. We have advised, defended, and protected the rights of many foreign clients involved in criminal cases in Vietnam—whether as suspects, defendants, or victims.

Developing a Legal Strategy Tailored to Each Case

Every criminal case has its own story. Some involve personal relationships complicated by age issues; others involve misunderstandings; some arise from disputes or third-party allegations.

A lawyer may:

• Analyze whether all elements of the alleged offence are legally established.
• Assess the applicability of mitigating circumstances.
• Work with investigative authorities to safeguard procedural rights.
• Liaise with consular authorities when necessary.

We do not promise that a client will “definitely avoid imprisonment,” nor do we make commitments beyond a lawyer’s authority. What we can do is develop a reasonable and lawful defense strategy based on current legislation and practical experience.

Comprehensive Support for Foreigners and Their Families

In many cases, family members abroad are unfamiliar with Vietnam’s legal system and are deeply concerned about detention conditions and procedural matters.

DEDICA provides support by:

• Updating case information in accordance with legal regulations.
• Guiding prison visitation procedures.
• Advising on civil compensation matters.
• Assisting with visa and work permit–related issues.

We understand that, for foreigners, a criminal case in Vietnam is not merely a legal issue—it is often a personal and family crisis.

Contact DEDICA Law Firm for Professional Legal Support

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Contact us today for a free initial consultation with our experienced lawyers!