Is rape committed abroad subject to criminal prosecution in Vietnam?

Is rape committed abroad subject to criminal prosecution in Vietnam?

Pursuant to Clause 1, Article 6 of the Criminal Code in 2015 stipulating effect of the Criminal Code on criminal offences committed outside the territory of the Socialist Republic of Vietnam as follows:

1. Any Vietnamese citizen or Vietnamese corporate legal entity that commits an act outside the territory of Socialist Republic of Vietnam which is defined as a criminal offence by this document shall face criminal prosecution in Vietnam as prescribed by this document.

This clause also applies to stateless residents of Vietnam.

Pursuant to Article 492 of the Criminal Procedure Code in 2015 stipulating principles of international cooperation in criminal procedure of the Socialist Republic of Vietnam as follows:

1. International cooperation in criminal procedure shall be carried out in deference to national independence, sovereignty, territorial integrity, non-intervention, equality and reciprocity in conformity to the Constitution and laws of Vietnam and international agreements that the Socialist Republic of Vietnam has signed.

2. If Vietnam does not sign or accede to a relevant international agreement, international cooperation in criminal procedure shall adhere to the principle of reciprocity and the laws of Vietnam, international laws and practices.

As regulations above, Vietnamese committing rape shall face criminal prosecution if the Socialist Republic of Vietnam and the host country have signed an agreement on legal assistance or have international cooperation. In this case, the host country may assist in the extradition of a Vietnamese citizen to Vietnam for the competent Vietnamese agency to examine for criminal liability or execute the criminal judgment of the host country in Vietnam with the person who commits the crime of rape.

In Vietnam, is it possible to use money to compromise after raping?

Pursuant to Clause 1, Article 141 of the Criminal Code 2015 (amended by Clause 23, Article 1 of the Amendments on the Criminal Code in 2017) stipulating rape in Vietnam as follows: 

1. Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 years' imprisonment.

Pursuant to Article 155 of the Criminal Procedure Code 2015 (amended by Clause 3, Article 1 of the Amendments on the Criminal Procedure Code in 2020) stipulating filing of criminal charges as per the crime victim’s petitions in Vietnam as follows: 

1. Only criminal charges against offences as defined in Clause 1 of Article 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Criminal Code can be pressed at the requests for the crime victim or the representative of the crime victim less than 18 years of age or having mental or physical defects or passing away.

2. If the petitioner withdraws his petition for charges, the lawsuit shall be dismissed. If such person is evidently found to withdraw the petition against his will out of coercion or duress, the investigation authority, Procuracy or Court shall maintain the charges regardless of the petition for withdrawal.

3. The crime victim or its representative is not permitted to resubmit a petition withdrawn, unless such withdrawal results from coercion or duress.

As regulation above, if the person, who committed the rape, conducts conciliation and compensated the victim and the victim doesn't request to prosecute the case, the violator will not be prosecuted.

Best regards!