How is child kidnapping handled?

Reply:

According to Article 1 of the Law on Children 2016, a child is a person under 16 years old.

Depending on the purpose and circumstances of the crime, a person who kidnaps a child may be charged with one of the crimes specified in the 2015 Penal Code, amended and supplemented in 2017, including:

1.Crime of appropriating a person under 16 years old

Anyone who uses force, threatens to use force or other means to seize or entrusts others to seize a child may be prosecuted for the crime of appropriation of a person under 16 years of age with a maximum penalty of up to 15 years in prison. The offender may also be fined from VND 10,000,000 to VND 50,000,000, banned from holding a position, practicing a profession or doing certain work from 01 to 05 years. (Based on Article 153).

2.Crime of kidnapping for the purpose of appropriating property

Anyone who kidnaps a child as a hostage to appropriate property may be prosecuted for the crime of kidnapping for the purpose of appropriating property with a maximum penalty of life imprisonment. The offender may also be fined from 10,000,000 to 100,000,000 VND, placed on probation, banned from residence from 01 year to 05 years or have part or all of his/her property confiscated. (Based on Article 169).

3.Crime of trafficking in persons under 16 years old

Any person who commits one of the following acts:

- Transferring or receiving children to deliver or receive money, property or other material benefits, except for humanitarian purposes.

- Transferring or receiving children for sexual exploitation, forced labor, organ harvesting or other inhumane purposes.

- Recruiting, transporting, and harboring children to commit the above two acts.

Criminal liability for trafficking in persons under 16 years of age may be prosecuted with a maximum penalty of life imprisonment. Offenders may also be fined from 50,000,000 to 200,000,000 VND, placed on probation, banned from residence, banned from holding positions, banned from practicing a profession or doing certain jobs from 01 year to 05 years or confiscated part or all of their property. (Based on Article 151).

4. Crime of hostage taking

Anyone who captures, holds or imprisons a child as a hostage in order to force an agency, organization or individual to do or not do something as a condition for releasing the hostage may be prosecuted for the crime of hostage taking with a maximum penalty of up to 15 years in prison. (Based on Article 301).