Is case of having sexual intercourse with person under the age of 18 liable for criminal prosecution in Vietnam?

Is case of having sexual intercourse with person under the age of 18 liable for criminal prosecution in Vietnam?

I and my boyfriend had sex when I was under 18 years old, now I just turned 18 when I found out I was pregnant. But my boyfriend's family did not accept, deny and doubt the baby. So let me ask, now I want to blame my boyfriend, does my boyfriend have to be liable for criminal prosecution?

* Case 1: Having sexual intercourse with person under 16 years old.

According to Clause 1, Article 145 of the Penal Code 2015 stipulates: 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.

Thus, if you and your boyfriend had sex when you were under 16 years old, your boyfriend will be liable for criminal prosecution for engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in Vietnam.

* Case 2: Having sexual intercourse with person at the age of 16.

According to regulations, a relationship with a person who is full 16 years old and that person voluntarily does not have any acts of threatening coercion will not be liable for criminal prosecution in Vietnam.

Note: In your case, if the baby is definitely your boyfriend's child, then you can ask the Court to recognize paternity to claim the prescribed support.

What is time limit for criminal prosecution for illegal deal in narcotic substances in Vietnam? 

1 year ago I illegally deal in narcotic substances (heroin) about 20g with a friend, then I did not participate in that case anymore. However, recently, the person who bought and sold drugs with me last year has just been arrested in another case, if this person tells me about the previous case, can I be liable for criminal prosecution? Thanks for the answer.

Answer: According to Article 251 of the 2015 Penal Code, illegal deal in narcotic substances:

+ Frame 1: Imprisonment from 02 months to 07 years.

+ Frame 2: Imprisonment from 07 to 15 years.

... Heroine, Cocaine, Methamphetamine, Amphetamine, MDMA or XLR-11 weighing between 05 grams and under 30 grams.

+ Frame 3: Imprisonment from 15 years to 20 years.

+ Frame 4: Imprisonment for 20 years, life imprisonment or capital punishment.

- According to Clause 2, Article 27 of the 2015 Penal Code, time limits for criminal prosecution are prescribed as follows:

2. Time limits for criminal prosecution:

a) 05 years for less serious crimes;

b) 10 years for serious crimes;

c) 20 years for very serious crimes;

d) 20 years for extremely serious crimes.

- According to Clause 2, Article 1 of the Law amending the Penal Code 2017, the classification of crimes is as follows:

a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;

b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;

c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;

d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.

=> Thus, based on the above provisions in Vietnam, you can be liable for criminal prosecution in frame 2 from 07 to 15 years. According to this Article, the type of crime you determine is a very serious crime, so the time limit for criminal prosecution is 15 years. Therefore, if this person confessed to your crime 1 year ago, you will still be liable for criminal prosecution.

What is time limit for criminal prosecution for molestation of a person under 16 in Vietnam?

More than a year ago, I committed acts of molestation of a 15-year-old person, now this person has told his sister who works at the Procuracy, they said they would report this to the police. May I ask if they have evidence, can I be liable for criminal prosecution? Thanks for the answer.

Answer: According to Article 146 of the 2015 Penal Code, the crime of molestation of a person under 16 includes the following penalty frames:

+ Frame 1: Imprisonment from 06 months to 03 years.

+ Frame 2: Imprisonment from 03 to 07 years.

+ Frame 3: Imprisonment from 07 to 12 years.

- According to Clause 2, Article 27 of the 2015 Penal Code, the time limits for criminal prosecution are prescribed as follows:

2. Time limits for criminal prosecution:

a) 05 years for less serious crimes;

b) 10 years for serious crimes;

c) 20 years for very serious crimes;

d) 20 years for extremely serious crimes.

- According to Clause 2, Article 1 of the Law amending the Penal Code 2017, the classification of crimes is as follows:

a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;

b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;

c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;

d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.

=> Thus, the crime of molestation of a person under 16 belongs to the specific crimes specified in the 2015 Penal Code, whereby the time limit for criminal prosecution for this crime is at least 5 years. Therefore, if the victim has enough evidence to prove it, you will still be liable for criminal prosecution in Vietnam according to regulations.

Best regards!