In Vietnam: Shall anyone having the act of hickey with people under 16 face criminal prosecution for molestation of people under 16?

In Vietnam: Shall anyone having the act of hickey with people under 16 face criminal prosecution for molestation of people under 16?

Pursuant to Clause 3 Article 3 of the Resolution 06/2019/NQ-HĐTP stipulating crime determination circumstances in Vietnam as follows:

3. “molestation” in Clause 1 Article 146 of the Criminal Code means an act committed by a person against another person of different or the same sex that involves direct or indirect physical contact via clothing with a reproductive organ, private part or one of the other body parts of a person under 16 that is sexual in nature but is not committed with the intention to engage in sexual intercourse. To be specific:

a) Using a reproductive organ or private part to touch (e.g. groping, rubbing, etc.) a reproductive organ, private part or one of the other body parts of a person under 16;

b) Using one of the other body parts (e.g. finger, toe, tongue, etc.) to touch (e.g. caressing, groping, squeezing, pinching, kissing, licking, etc.) a reproductive organ or private part of a person under 16;

c) Using a sex aid to touch (e.g. groping, rubbing, etc.) a reproductive organ or private part of a person under 16;

b) Enticing or forcing a person under 16 to use one of their other body parts to touch (e.g. caressing, groping, squeezing, pinching, kissing, licking, etc.) a private part of the offender or another person;

dd) Other acts that are sexual in nature but are not committed with the intention to engage in sexual intercourse (e.g. kissing the mouth, neck, ear, nape, etc. of a person under 16).

As regulations above, anyone having the act of hickey with people under 16 shall face criminal prosecution for molestation of people under 16.

In Vietnam: Shall anyone having the act molestation of people under 16 face death sentence?

Pursuant to Article 146 of the Criminal Code in 2015 (amended by Clause 2.e Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating molestation of a person under 16 in Vietnam as follows:

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.

Article 146. Molestation of a person under 16

1. Any person who molests a person under 16 for purposes other than sexual intercourse or other sexual activities shall face a penalty of 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) Organized crime;

b) The offence has been committed more than once;

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

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

dd) The victim suffers from 31% - 60% mental and behavioral disability because of the offence;

e) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The victim suffers from ≥ 61% mental and behavioral disability because of the offence;

b) The offence results in the suicide of the victim.

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

As regulations above, anyone having the act molestation of people under 16 shall not face death sentence. The maximum sentence for this offence is 12 years' imprisonment.

In Vietnam: Do the victim of molestation of people under 16 have the right to request for not carrying out criminal prosecution?

Pursuant to Article 155 of the Criminal Procedure Code in 2015 (amended by Clause 3 Article 1 of the Law on amendments to the Criminal Procedure Code in 2021) stipulating filing of criminal charges as per the crime victim’s petitions as follows:

1. Only criminal charges against offences as defined in Section 1 of Article 134, 135, 136, 138, 139, 141, 143, 155, 156 and 226 of the Criminal Code can be pressed at the requests for the crime victim or the representative of the crime victim less than 18 years of age or having mental or physical defects or passing away.

2. If the petitioner withdraws his petition for charges, the lawsuit shall be dismissed. If such person is evidently found to withdraw the petition against his will out of coercion or duress, the investigation authority, Procuracy or Court shall maintain the charges regardless of the petition for withdrawal.

3. The crime victim or its representative is not permitted to resubmit a petition withdrawn, unless such withdrawal results from coercion or duress.

As regulations above, molestation of people under 16 (Article 146 of the Criminal Code in 2015) is not a case of filing of criminal charges as per the crime victim’s petitions. Although the victim of molestation of people under 16 request for not carrying out criminal prosecution, the criminal prosecution shall still be carried out.

Best regards!