In Vietnam, Do you go to jail when having sex intercourse with volunteered people?

n the judgment 13/2018/HSST dated November 2, 2018 on the crime of having sex with a person from full 13 years old to under 16 years old of the People's Court of Tay Hoa District - Phu Yen with the following contents:

Le Nhi N (born on November 6, 1997) and Tran Thi Ngoc H (born on July 18, 2003) (14 years old and 9 months), residing in village P, commune H, district T. They know each other through social networks which is Facebook. Because of having feelings for each other, they had sex. After that, Mr. Tran The T (father H) discovered that H was having sexual intercourse with another person, so he reported it to the investigative police agency - Tay Hoa district police.

Through the trial process, applying Clause 1, Article 145, Point b, s, Clause 1, Clause 2, Article 51, Article 65 of the Criminal Code: Sentencing defendant Le Nhi N 01 (one) year in prison to serve a suspended sentence. Probation period (02) two years from the date of first-instance judgment.

Article 145. Engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16

1. Any person aged 18 or over who engages in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in circumstances other than those specified in Article 142 and Article 144 hereof shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offence has been committed more than once;

b) The offence is committed against 02 or more people;

c) The offence is of an incestuous nature;

d) The offence results in the victim's pregnancy;

dd) The offence causes 31% - 60% WPI for the victim;

e) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence causes ≥ 61% WPI for the victim;

b) The offender commits the offence in the knowledge of his HIV infection.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Compared with the regulation, the acts N and H related to each other are completely voluntary, without elements of using force, threatening to use force or taking advantage of an irresistible situation or performing other acts of sexual intercourse against the will of the victim. However, it is worth noting that H is still not 16 years old, if in this case H is a person 16 years old, N's behavior will not be criminally responsible.

In terms of science, girls under the age of 16 have not yet fully developed physically and do not have the necessary knowledge of biology and society, so even though they voluntarily have sex intercourse with others, they themselves are not aware of its unpredictable consequences in the present as well as in the future; especially harmful to the health, moral development and personality of the children. Therefore, intercourse at this age will endanger the normal development of children, that's why the law has strict regulations for this type of crime. 

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