Vietnam – Sexual Conduct Law
Criminal provisions, penalties, and historical context
📜 Penalties at a Glance – Vietnam
| Offence | Minimum | Maximum |
|---|---|---|
| Rape (Art. 141 Penal Code 2015) | 2 years | Life imprisonment / death (aggravated) |
| Sex with Minor under 16 (Art. 145–147) | 5 years | Life imprisonment |
| Prostitution – Buyer or Seller (Art. 327) | Fine | Up to 5 years prison |
| Organising Sex Work / Brothel | 3 years | 15 years |
| Public Indecency / “Debauchery” | Fine | 7 years |
Overview
Vietnam’s sexual conduct laws are codified in the 2015 Penal Code (as amended 2017). The system reflects socialist morality and strict protection of minors. Sex work is outlawed as part of Vietnam’s long-standing campaign against “social evils.”
Age of Consent
The age of consent is 18 years. Sexual intercourse with anyone under 16 is prosecuted as statutory rape, with life imprisonment possible in severe cases. Between 16 and 18, the law is ambiguous but certain sexual acts may still be prosecuted under “abuse” statutes.
- Strict liability: Consent of the minor is not a defence.
- Aggravated penalties if coercion, violence, or authority relationships involved.
Key Provisions & Punishments
- Rape (Art. 141): 2 years to life; death penalty for child rape resulting in death.
- Sexual Abuse of Minors (Art. 145–147): 3 years to life imprisonment.
- Prostitution (Art. 327): Illegal to sell, buy, or organise sex work.
- Homosexuality: Never criminalised, but same-sex marriage not recognised.
- Public Indecency: Vague “debauchery” provisions applied in practice.
Public Morality & Enforcement
Vietnamese law allows police to arrest for “acts contrary to fine customs and traditions.” Raids on karaoke bars, massage parlours, and hotels are frequent. Foreigners caught in sex offences are usually deported after serving part of their sentence.
Historical Context
During the 1990s–2000s, Vietnam ran “social evils” campaigns, targeting sex work and pornography. Public shaming, compulsory rehabilitation centres, and re-education through labour were common punishments. Some of these practices, particularly detention for sex workers, still occur today.
Regional Comparison
| Jurisdiction | Age of Consent | Rape Penalty | Sex Work | Same-Sex Acts |
|---|---|---|---|---|
| Vietnam | 18 | Life / death (child rape) | Illegal | Legal; marriage not recognised |
| Laos | 15 | Up to life | Illegal | Legal; unrecognised |
| Cambodia | 15 | 15–30 years | Illegal but widespread | Legal; unrecognised |
| Thailand | 15 | 15–20 years; life aggravated | Illegal but tolerated | Legal; marriage not recognised |
🚫 Common Tourist Mistakes
- Assuming sex work is tolerated: Police sting operations are frequent.
- Confusing age laws with neighbours: Vietnam has one of the region’s highest ages of consent (18).
- Not verifying ID: Strict liability applies; “she said she was 18” is no defence.
- Hotel checks: Unmarried foreigner–local couples may face scrutiny at hotel check-ins.
- Thinking fines end matters: Imprisonment and deportation are common outcomes.
Insider & Academic Commentary
“Vietnamese law conflates sex work with trafficking, so police treat clients as criminals rather than consumers.” — Legal scholar, Hanoi
“The age of consent at 18 is often overlooked by tourists who assume regional norms are similar.” — Criminal defence lawyer, Ho Chi Minh City
References
Vietnam Penal Code (2015, amended 2017). Articles 141, 145–147, 327.
Human Rights Watch. (2011). Vietnam: The Rehab Archipelago.
UNODC. (2020). Trafficking and Sexual Exploitation in Southeast Asia.
Vietnamese Ministry of Justice. (2022). Guidelines on Sexual Offences.