In Vietnam: Will teachers of preschools having the act of molestation to children face criminal responsibility?

In Vietnam: Will teachers of preschools having the act of molestation to children face criminal responsibility?

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, a penalty of 03 - 07 years' imprisonment shall be imposed on teachers of preschools having the act of molestation to children. Specific punishment will be decided by the court depending on the nature, seriousness and behavior of the offence.

What are administrative fines for molestation to children of preschools in Vietnam?

Pursuant to Article 7 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on public order as follows:

...

5. A fine ranging from 5.000.000 VND to 8.000.000 VND shall be imposed for any of the following violations:

a) Deliberately inflicting injuries or bodily harm to another person but not liable to criminal prosecution;

b) Disrupting public order while carrying cold weapons, combat gears or other items that can cause injuries;

c) Filming, photographing, charting an restricted area that is relevant to defense and security;

d) Molestation of a person under 16 but not liable to criminal prosecution;

dd) Molestation, sexual harassment;

e) Engaging in sexual acts in public;

g) Perform designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof against the categories or quality specified in the license issued by a competent authority;

h) Using UAVs and ultralight aircrafts to launch, drop harmful or dangerous objects or substances without permission.

6. A fine ranging from 6.000.000 VND to 8.000.000 VND shall be imposed for using UAVs and ultralight aircrafts to perform aerial photography or videography without permission.

7. A fine ranging from 8.000.000 VND to 10.000.000 VND shall be imposed for operating UAVs and ultralight aircrafts against the license issued by a competent authority.

8. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for operating UAVs and ultralight aircrafts against orders and signals of the flight operation and supervision authority.

9. A fine ranging from 15.000.000 VND to 20.000.000 VND shall be imposed for designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts without a license issued by a competent authority.

10. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for operating UAVs and ultralight aircrafts without a license issued by a competent authority.

11. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for operating a UAV and ultralight aircraft obstructing or endangering other aircrafts.

12. Hygiene-related offences shall be handled in accordance with the Government’s Decree on administrative penalties for environmental protection-related offences and relevant legislative documents.

13. Additional penalties:

a) Confiscation of the exhibits and means of administrative violations for the violations specified in Points a, d, dd and g Clause 2; Points dd Clause 3; Points b, e and I Clause 4; Points a, b and c Clause 5; Clauses 6 and 10 of this Article;

b) 3 - 6 months suspension of the license for designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof in case of violations specified in Point h and Point I Clause 3 and Clause 9 of this Article ;

c) 3 – 6 months suspension of the flight license in case of violations specified in Clauses 6, 7, 8 and 11 of this Article;

d) Expulsion of foreigners committing the violations specified in Points c, e and g Clause 4 of this Article.

14. Remedial measures:

a) Mandatory restoration of original condition in case of violations specified in Point c Clause 1; Point l Clause 2 and Point e Clause 4 of this Article;

b) Mandatory rectification of false or confusing information in case of violations specified in Point a Clause 3; Point I Clause 4 of this Article;

c) Mandatory public apology in case of violations specified in Point a Clause 3, Points d and dd Clause 5 of this Article, unless it is relinquished in writing by the victim;

d) Mandatory environmental recovery in case of violations specified in Point h Clause 5 of this Article;

dd) Mandatory payment of the entire medical examination and treatment cost in case of violations specified in Point d Clause 1, Point c Clause 2, Point b Clause 3 and Point a Clause 5 of this Article.

As regulations above, a fine ranging from 5.000.000 VND to 8.000.000 VND shall be imposed on individuals for molestation to children of preschools in Vietnam. In addition, the violator shall make mandatory public apology.

In which cases shall the act of molestation to children of preschools in Vietnam not be liable to criminal prosecution?

Pursuant to Clause 1 Article 5 of the Resolution 06/2019/NQ-HĐTP stipulating the act of molestation exempt from criminal prosecution as follows:

1. The following cases are exempted from criminal prosecution according to regulations of Article 146 of the Criminal Code:

a) A caretaker of a person under 10, a patient or a disabled person touches their reproductive organ or private part without sexual intention (e.g. a parent bathing or cleaning a child under 10; a preschool teacher bathing or cleaning a preschool student; etc.);

b) A health professional; or a person providing emergency aid or first aid to an injured person touches a reproductive organ, a private part or one of the other body parts of a person under 16 without sexual intention (e.g. a doctor examining or treating a patient; emergency aid or first aid provided to an injured person, a drowning victim, etc.).

Above are cases that molestation shall be exempt from criminal prosecution.

Best regards!