Vietnam: Is a 17-year-old boy who leave home to live together with a 14-year-old girl (having sexual relations) considered to have committed the crime?

Article 145 of the Criminal Code 2015 stipulates engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in Vietnam as follows:

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.

Thus, the age for criminal liability for engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in Vietnam must be an adult (18 years old or older). In the case you mentioned, the perpetrator is currently 17 years old, he/she will not considered to have committed the crime.

Respectfully!