Would a foreigner having sexual intercourse with someone under 18 in Vietnam be considered a criminal offense? If you have been invited to work with the police—or a relative or friend has been detained—are you worried about criminal liability, temporary detention, or even deportation? This article helps you understand Vietnam’s current legal framework and a safer way to respond.

Would a Foreigner Having Sexual Intercourse with Someone Under 18 in Vietnam Be a Crime?

After receiving a call from investigating authorities, many foreigners feel overwhelmed: “I don’t know what Vietnamese law says,” “In my country this may not be a crime,” “We consented—so is it still a problem?”

The reality is: under current Vietnamese law, sexual intercourse with a person under 18 may constitute a criminal offense, depending on the minor’s exact age and the nature of the conduct.

Whether the person involved is Vietnamese or a foreign national does not change criminal liability if the conduct occurred in Vietnam. Under the 2015 Criminal Code (as amended in 2017), Vietnamese criminal law generally applies to offenses committed within Vietnamese territory, regardless of nationality.

1. Age is the key factor in criminal liability

Vietnamese law draws clear age categories in sexual offense cases:

• Under 13 years old
• From 13 to under 16 years old
• From 16 to under 18 years old

If the person is under 13

Under the Criminal Code, sexual intercourse with a child under 13 may be treated as a serious sexual offense (often prosecuted under provisions relating to sexual crimes against minors), regardless of “consent.” Vietnamese law does not recognize a child’s consent at that age.

Penalties in serious cases can be severe. However, the specific outcome depends on multiple factors: aggravating/mitigating circumstances, consequences, evidence, and each person’s role in the incident.

If the person is from 13 to under 16

The Criminal Code includes the offense of “having sexual intercourse or committing other sexual acts with a person from 13 to under 16.”

The critical point: even when both parties appear “willing,” an adult may still face criminal prosecution if the other person falls within this age range.

This is often shocking to foreigners because the “age of consent” varies by country. However, when the conduct occurs in Vietnam, Vietnam’s rules apply.

If the person is from 16 to under 18

This age group does not automatically trigger criminal liability when the relationship is voluntary. That said, if there are elements such as coercion, abuse of dependency, exploitation, or other circumstances defined in the Criminal Code, criminal charges may still apply.

That is why you cannot rely only on the phrase “under 18” to determine whether a crime has been committed. The exact age, context, and conduct must be assessed carefully.

2. Are foreigners treated differently from Vietnamese citizens?

The short answer: There is no exemption simply because you are a foreigner.

Under the territorial principle in Vietnamese criminal law, anyone who commits an offense in Vietnam may be prosecuted under Vietnamese law.

In addition to any criminal penalties (if applicable), foreigners may also face:

• Deportation measures
• Impact on visas and work permits
• Immigration consequences internationally
• Serious harm to personal and professional reputation

Importantly, whether a case will be initiated, what charges (if any) will be filed, and what penalties might apply depend on the investigation results and the authorities’ assessment of evidence. No one can guarantee the outcome in advance.

What should a foreigner do if invited to the police station or placed under investigation?

For many foreigners, the greatest fear is not only punishment, but the feeling of losing control: not understanding the process, not speaking Vietnamese fluently, and not knowing what rights they have.

How you respond from the very beginning can significantly affect the entire criminal procedure.

1. Know your basic rights under Vietnamese law

Even as a foreign national, you may have key procedural rights, including:

• The right to have a lawyer participate from the investigation stage
• The right to interpretation/translation if you are not fluent in Vietnamese
• The right to present statements and provide evidence
• The right to complain if procedural violations occur

In practice, some people sign written records in panic without fully understanding the contents. This can create serious disadvantages later.

A lawyer who understands Vietnamese criminal law and has experience working with investigators can help you:

• Clarify what offense the authorities are considering
• Assess whether legal elements of an offense may be met
• Guide you on how to communicate safely and properly
• Protect your lawful rights during investigation, prosecution, and trial stages

2. Avoid assuming “I will definitely go to prison” or “It’s definitely fine”

The two most dangerous extremes are:

• Panic, fleeing, or refusing to cooperate
• Overconfidence—believing that “if it was consensual, it’s not a problem”

Vietnamese criminal cases often involve close scrutiny of: the exact age (based on official dates of birth), capacity and awareness, digital evidence (messages, images), witness statements, and forensic assessments.

Only after reviewing the full file can a lawyer provide a professional assessment of legal risk. That is why early legal support is often crucial.

Legal solutions for foreigners in Vietnam

In matters involving a foreigner having sexual intercourse with someone under 18 in Vietnam, every case is unique. There is no “one-size-fits-all” approach.

The priority is to develop an appropriate legal strategy from the earliest stage.

1. Case review and defense strategy

Key issues that often need clarification include:

• The exact age of the person involved
• Whether there was coercion or force
• Whether there was any misunderstanding about ID documents or age information
• What digital evidence (texts, photos, chats) shows
• Potential mitigating factors under the Criminal Code

A lawyer should never promise “you definitely won’t go to jail,” but can help you understand the level of risk and the most appropriate options within the legal framework.

2. DEDICA’s experience in assisting foreigners in Vietnam

DEDICA is a Ho Chi Minh City–based law firm that regularly advises and protects the rights of:

• Foreigners under investigation in criminal cases in Vietnam
• Foreign victims in criminal cases
• Foreigners involved in disputes or criminal proceedings

With lawyers who have worked at international law firms and multinational corporations, DEDICA understands the cultural differences, language barriers, and psychological pressure that foreign clients often face.

We focus on:

• Working transparently and explaining each procedural step clearly
• Coordinating with families and, when necessary, embassies/consulates
• Protecting clients’ lawful rights to the fullest extent under Vietnamese law

Disclaimer: Any legal assessment depends on the specific case file and evidence. This article is for general information only and does not constitute legal advice for any particular situation.

Contact DEDICA Law Firm for Professional Legal Support

📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)

🕒 Working Hours: Monday – Friday (8:30 – 18:00)

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