What are penalties for the crime of coercion in Vietnam? What are some judgments on this case?

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1. What are penalties for the crime of coercion in Vietnam?

According to the provisions of Article 143 Criminal Code of Vietnam 2015 (amended by the Criminal Code of Vietnam 2017), the act of coercion is handled as follows:

- Any person who uses any means to force a person dependent on them or a person in distress to reluctantly have intercourse or perform other sexual acts, shall be subject to imprisonment for a term of 1 to 5 years.

- Committing the crime under one of the following circumstances shall be subject to imprisonment for a term of 3 to 10 years:

+ Multiple people coercing one person;

+ Committing the crime 2 or more times;

+ Against 2 or more persons;

+ Involving incest;

+ Resulting in the victim’s pregnancy;

+ Causing injury, causing harm to health or causing mental and behavioral disorders for the victim with a body injury rate of 31% to 60%;

+ Dangerous recidivism.

- Committing the crime under one of the following circumstances shall be subject to imprisonment for a term of 10 to 18 years:

+ Causing injury, causing harm to health or causing mental and behavioral disorders for the victim with a body injury rate of 61% or higher;

+ Knowing they are HIV positive but still committing the crime;

+ Leading to the victim’s death or suicide.

- Coercing a person from 16 years old to under 18 years old shall be subject to imprisonment for a term of 2 to 7 years.

+ Committing the crime under one of the circumstances specified in Clause 2 or Clause 3 of Article 143 Criminal Code of Vietnam 2015 shall be penalized according to the relevant penalty levels.

- The offender may also be prohibited from holding certain positions, practicing certain professions, or doing certain jobs for 1 to 5 years.

Thus, the act of coercion according to the provisions of the Criminal Code of Vietnam 2015 might be subject to imprisonment from 1 to 18 years, depending on the specific case.

2. What are some judgments on the crime of coercion in Vietnam?

Judgment 83/2021/HSST dated April 23, 2021, on the crime of coercion

- Level of trial: First instance.

- Trial agency: Long Bien District People's Court, Hanoi.

- Excerpt: “Defendant T and Ms. T had a romantic relationship from November 2020. During this time, T and T had sexual relations and T took nude photos of T. After that, T wanted to end the relationship, but T continuously threatened to post T’s nude photos on social media if T did not continue the sexual relationship. Out of fear, T agreed to have sex with T and was caught red-handed on December 7, 2020. The indictment prosecuted T for the crime of Coercion under Article 143 Criminal Code of Vietnam 2015. A sentence of 15 to 18 months of imprisonment was proposed.”

- Trial result: Sentenced: Defendant Hoang Tuyen T: 15 months in prison for the crime of coercion.

Judgment 04/2021/HSST dated January 18, 2021, on the crime of coercion

- Level of trial: First instance.

- Trial agency: Cam Le District People's Court, Da Nang.

- Excerpt: “In May 2020, defendant V used his mobile phone to make friends with Ms. H on Zalo under the nickname "Hoa L". He then lured Ms. H to a motel for sexual relations. In June 2020, Ms. H cut off contact with V. V continuously threatened to release information about Ms. H if she did not engage in sexual relations. Out of fear, Ms. H reluctantly agreed to have sex with V at the motel. This time, V secretly filmed a video as evidence to threaten Ms. H. At the end of June 2020, V continued to threaten Ms. H by sending the video and forcing Ms. H to continue the sexual relationship. In July 2020, V requested to meet Ms. H at the motel for sexual relations, but Ms. H refused and reported V's actions. The indictment prosecuted V for the crime of coercion, paragraph 2, article 143 Criminal Code of Vietnam 2015, proposing a sentence of 15-18 months in prison.”

- Trial result: Sentenced Phan Duc V to 1 year 9 months in prison for the crime of coercion.

Judgment on the crime of coercion number 666/2020/HS-PT

- Level of trial: Appeal.

- Trial agency: Hanoi People's Court.

- Excerpt: “In October 2019, Ms. M reported being threatened by T who coerced her into having sexual relations multiple times at a rented room. On October 29, 2019, T was caught red-handed having sexual relations with Ms. M at a rented room. During the investigation, Ms. M admitted to being coerced multiple times by T. T also admitted to committing the crime. Evidence such as threatening messages from T, DNA test results, etc., proved T committed the crime of coercion against Ms. M. The first-instance judgment sentenced T to 4 years and 6 months of imprisonment, including 3 years and 6 months for the crime of coercion.”

- Trial result: Sentenced Duong Van T to 3 years 6 months in prison for the crime of coercion.

Judgment 155/2020/HSST dated May 15, 2020, on the crime of coercion

- Level of trial: First instance.

- Trial agency: Thai Nguyen City People's Court, Thai Nguyen Province.

- Excerpt: “In November 2019, Ms. L texted N about selling a phone and later they had a romantic relationship. They arranged on November 28, 2019, to meet at a motel for sexual relations, with N paying Ms. L 2 million dong. Before meeting Ms. L, N invited his friend S to join for joint sexual relations with Ms. L without payment. They planned that S would secretly film the video to threaten and force Ms. L to consent. During execution, S came into the room to film N and Ms. L nude, then threatened Ms. L to have sexual relations with both of them. Evidence collected such as statements, video, DNA test results confirmed the criminal acts of N and S. The indictment prosecuted both of them for the crime of coercion under paragraph 2, article 143 Criminal Code of Vietnam 2015. The Procuracy proposed a suspended sentence of 3 years.”

- Trial result: Sentenced Vu Van N and Nguyen Van S to 3 years in prison but suspended, with a probation period of 5 years from the date of sentencing for the crime of coercion.

Judgment 66/2020/HS-ST dated February 24, 2020, on the crime of coercion

- Level of trial: First instance.

- Trial agency: Ha Long City People's Court, Quang Ninh Province.

- Excerpt: “Since 2017, Ms. L and H had a romantic relationship and had sexual relations multiple times. In July 2018, Ms. L decided to break up due to age difference. However, H did not agree and continuously threatened and forced Ms. L to continue sexual relations by threatening to upload sensitive photos of her on social media. Out of fear, Ms. L reluctantly agreed to have sexual relations with H multiple times at motels. On July 16, 2019, Ms. L reported H's actions to the police. During the investigation, H admitted to his criminal actions. The indictment prosecuted H for the crime of coercion under point b, clause 2, article 143 Criminal Code of Vietnam 2015. At the trial, the Procuracy proposed a suspended sentence of 36 months for the defendant.”

- Trial result: Sentenced Nguyen Van H to 36 months in prison for the crime of coercion but suspended. The probation period is 60 months, from the date of the first-instance sentencing.

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