In Vietnam: Shall anyone kissing on the lips of people under 16 be prosecuted for the act of molestation of people under 16?

In Vietnam: Shall anyone kissing on the lips of people under 16 be prosecuted for the act of molestation of people under 16?

Pursuant to Clause 3 Article 3 of the Resolution 06/2019/NQ-HĐTP stipulating crime determination circumstances 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 kissing on the lips of people under 16 shall face criminal responsibility for the act of molestation of people under 16.

In Vietnam: Shall anyone having the act of 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 as follows:

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, the maximum penalty for molestation of a person under 16 is 12 years' imprisonment. Therefore, anyone having the act of molestation of people under 16 shall not face death sentence.

In Vietnam: Shall foreigners face criminal responsibility for having the act of molestation of people under 16?

Pursuant to Article 5 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 effect of the Criminal Code on criminal offences committed within the territory of the Socialist Republic of Vietnam as follows:

1. The Criminal Code applies to every criminal offence committed within the territory of the Socialist Republic of Vietnam.

It also applies to criminal offences committed on sea-going vessels and airplanes having Vietnamese nationality or operating in Vietnam’s exclusive economic zones or continental shelves or consequences thereof.

2. Criminal liability of foreigners who commit criminal offences within the territory of Socialist Republic of Vietnam and are granted diplomatic immunity according to Vietnam’s law or under an international agreement to which Socialist Republic of Vietnam is a signatory or according to international practice shall be dealt with in accordance with the international agreement or practice. If the case is not set out in any international agreement or there is no such international practice, their criminal liability shall be dealt with in a diplomatic manner.

As regulations above, the Criminal Code applies to every criminal offence committed within the territory of the Socialist Republic of Vietnam. Therefore, foreigners shall still face criminal responsibility for having the act of molestation of people under 16.

Best regards!