In Vietnam: Shall people unwittingly infecting HIV to their lovers face criminal responsibilities?

In Vietnam: Shall people unwittingly infecting HIV to their lovers face criminal responsibilities?

Pursuant to Article 148 of the Criminal Code in 2015 (amended by Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating transmission of HIV to others as follows:

1. A person who, in the knowledge of his/her HIV infection, deliberately transmits HIV to another person, unless the victim knows the it and voluntarily engages in sexual intercourse, shall face a penalty of 01 - 03 years' imprisonment.

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

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

b) The offence is committed against a person aged under 18, except in the circumstances specified in Article 142 and Article 145 hereof;

c) The offence is committed against a woman with the full knowledge of her pregnancy;

d) The offence is committed against the physician or health worker who directly provides treatment for the offender;

dd) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties.

Violation of "transmission of HIV to others" shall be constituted by the offender's will to infect others with HIV.

Accordingly, if your friend infects her lover without knowing she has infected with HIV, she will not be criminally prosecuted.

In Vietnam: Shall people deliberately infecting HIV to their lovers face criminal responsibilities?

Pursuant to Article 149 of the Criminal Code in 2015 (amended by Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating deliberate transmission of HIV to others as follows:

1. Any person who deliberately transmits HIV to another person in circumstances other than those specified in Article 148 hereof shall face a penalty of 03 - 07 years' imprisonment.

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

a) The offence is committed by an organized group;

b) The offence is committed against a law enforcement officer in performance of his/her duty or because of his/her official duties;

c) The offence is committed against a person under 18;

d) The offence is committed against 02 - 05 people.

dd) The offence is committed by taking advantage of the offender's profession;

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

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence is committed against a woman with the full knowledge of her pregnancy;

b) The offence is committed against 06 or more people;

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

d) 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.

According to Article 148 and 149 of the Criminal Code in 2015, violation of "transmission of HIV to others" shall be constituted by the offender's will to infect others with HIV.

Therefore, if your friend intentionally infects her lover, she shall be prosecuted with violation of "transmission of HIV to others" or "deliberate transmission of HIV to others".

What are regulations on criminal responsibility of "spreading dangerous infectious diseases in human" in Vietnam?

Pursuant to Article 240 of the Criminal Code in 2015 stipulating spreading dangerous infectious diseases in human as follows:

1. A person who commits any of the following acts that spread dangerous infectious diseases in human shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of 01 - 05 years' imprisonment:

a) Bringing or allowing another entity to bring animals, plants or products thereof or other items that are likely to transmit dangerous infectious diseases in human out of the epidemic zone, unless otherwise prescribed by law;

b) Bringing or allowing another entity to bring animals, plants or products thereof or other products that are infected or carry dangerous pathogens that are likely to be transmitted to human into Vietnam’s territory;

c) Other acts that spread dangerous infections in human.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in a declaration of an epidemic by the President of the People’s Committee of a province or the Minister of Health;

b) The offence results in the death of a person.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 12 years' imprisonment:

a) The offence results in a declaration of an epidemic by the Prime Minister;

b) The offence results in the death of 02 or more people.

4. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 years.

Above are regulations on criminal responsibility of "spreading dangerous infectious diseases in human" in Vietnam.

Best regards!