ONLINE CHILD SEXUAL ABUSE IN VIETNAM: MODUS OPERANDI AND PREVENTIVE MEASURES UNDER THE UN CONVENTION AGAINST CYBERCRIME

ABSTRACT

The United Nations Convention Against Cybercrime serves as the first international legal instrument on the prevention and suppression of cybercrime, marking a historic milestone in the global effort to combat crime in the digital age and enhance protection for vulnerable groups in society. This article focuses on analyzing the Convention's provisions regarding victim protection, particularly children in cyberspace; outlines the current situation of crimes against children in cyberspace in Vietnam as well as the modus operandi employed; and proposes measures to perfect the legal framework and interventions targeting criminal methods to prevent crimes against children in cyberspace, in accordance with the spirit of the Convention.

АННОТАЦИЯ

Конвенция Организации Объединённых Наций о борьбе с киберпреступностью является первым международным правовым инструментом, направленным на предотвращение и пресечение киберпреступлений, что ознаменовало исторический этап в глобальных усилиях по противодействию преступности в цифровую эпоху и усилению защиты уязвимых групп общества. В статье анализируются положения Конвенции, касающиеся защиты потерпевших, прежде всего детей в киберпространстве; рассматривается современная ситуация с преступлениями в отношении детей в киберпространстве во Вьетнаме и методы их совершения; а также предлагаются меры по совершенствованию нормативно-правовой базы и вмешательств, направленных на нейтрализацию способов и приёмов совершения таких преступлений, в соответствии с духом Конвенции.

Keywords: Cybercrime, United Nations Convention, Children.

Ключевые слова: киберпреступность, Конвенция ООН, дети.

1. Introduction

The rapid expansion of the Internet and social media platforms has led to increasingly complex and sophisticated forms of cybercrime, particularly those targeting children (cyber-victimization of children).

In contemporary Vietnamese criminal law scholarship, there is no standalone offense titled “online child abuse.” However, the concept is defined in the Code of Conduct on Child Protection in Cyberspace, issued under Decision No. 88/QĐ-BTTTT dated 21 January 2025 of the Minister of Information and Communications. According to this instrument, online child abuse refers to acts that cause physical, emotional, psychological, or reputational harm to children in cyberspace, including: unlawful disclosure of private or personal information; sending or providing harmful content; bullying; violence; sexual exploitation or sexual abuse; fraud; trafficking; and other harmful conduct. In practice, the 2015 Penal Code of Vietnam (as amended in 2017, 2024, and 2025) addresses such acts through aggravating circumstances within traditional sexual abuse offenses against children (Articles 142, 144, 145, 146) and within offenses involving the dissemination or possession of child sexual content (Articles 155, 326).

Like traditional crimes, online child abuse constitutes dangerous conduct with all four essential elements of a criminal offense. However, it differs in that computers, computer networks, and information technology serve both as tools for committing the offense and for concealing it. These technological tools may act simultaneously as the object or the medium of cybercrime. Cyber-enabled offenses possess distinctive characteristics stemming from the nature of information technology and cyberspace:

– Non-territoriality and global reach: criminal acts can be committed without physical barriers and are not constrained by geography;

– Digitization and anonymity: evidence exists primarily in digital form and can be easily altered or encrypted, enabling offenders to disguise their identities and complicating verification;

– Dependence on ICT tools: the use of computers, networks, and other ICT infrastructures is inherently required to commit the offense.

To effectively combat online child abuse, establishing a unified international legal framework is essential. Such a framework provides clear definitions, harmonized criminalization standards, and a basis for cross-border cooperation in investigation and prosecution. For this reason, the United Nations Convention against Cybercrime (hereafter “Hanoi Convention”) was adopted by the UN General Assembly on 24 December 2024 in New York (Resolution 79/243) and opened for signature in Hanoi on 25–26 October 2025. The Hanoi Convention conveys a strong human-rights message, serving as a “steel shield” for global cybersecurity and aiming to create a safer, more inclusive digital

In recent years, rapid advancements in digital technology and artificial intelligence (AI) have intensified concerns over data breaches, misuse of emerging technologies, and violations of privacy and personal data. Cyber-violence has increasingly affected dignity and reputation, with children being among the most vulnerable. In the digital environment, children often lack the capacity and tools to protect themselves from threats arising on social media platforms.

Accordingly, once the Hanoi Convention enters into force, Vietnam and other State Parties must commit to implementing its provisions—particularly by supplementing domestic criminal law, criminalizing the relevant conduct, and strengthening measures to protect children from online abuse and exploitation.

2. The Legal Framework of the Hanoi Convention on Protecting Children in Cyberspace

The Hanoi Convention comprises nine chapters and seventy-one articles addressing the criminalization of cyber-enabled conduct, investigative powers, procedural and enforcement measures, international cooperation, and preventive and capacity-building obligations. Chapter II enumerates offenses that State Parties must criminalize or adapt in domestic law. Notably, Articles 14, 15, and 16 constitute significant advancements in the protection of human dignity—particularly of children—in the digital environment. For the first time in an international legal instrument, the non-consensual distribution of sensitive images is expressly criminalized (Article 16). In addition, the Convention mandates comprehensive criminalization of online child sexual exploitation and child sexual abuse material (CSAM) (Article 14), as well as online grooming for sexual purposes (Article 15).

Article 14 requires States Parties to criminalize intentional and unlawful ICT-facilitated conduct involving CSAM, defined broadly to include visual, textual, or audio material depicting persons under eighteen years of age. The Convention covers the production, distribution, sale, transmission, solicitation, acquisition, access, possession, and financing of CSAM [1].

Article 15 establishes liability for intentional online communication, solicitation, or arrangements through ICT for the purpose of committing sexual offenses against children, including offenses defined in Article 14 [1].

Article 16 prohibits the intentional and unlawful dissemination of “sensitive images” of adults without their consent and affords absolute protection to minors by holding that no child can validly consent to the distribution of sexualized images involving themselves [1]. This reflects a recognition that minors lack the maturity and autonomy necessary to make fully informed decisions concerning the disclosure of such material.

Compared with the Budapest Convention of the Council of Europe, the Hanoi Convention marks a substantive shift from a purely technical conception of cybercrime toward a human-centric approach, integrating a gender perspective as a guiding principle across all seventy-one articles [1]. States Parties—including Vietnam—are therefore required to consider the disproportionate harm cybercrime inflicts on children during the process of domestic implementation.

Beyond criminalization, the Convention imposes obligations related to victim protection (Article 34) and prevention (Article 53). Article 34 requires States Parties to adopt measures to protect victims from intimidation or retaliation and to ensure access to appropriate forms of compensation and specialized physical and psychological recovery, particularly for victims of offenses under Articles 14–16. It further calls for the removal or disabling of access to harmful online content [1].

Article 53 mandates preventive strategies aimed at reducing cybercrime risks and enhancing online safety. Two provisions specifically address child protection:

(h) the development of strategies and policies to prevent and eliminate ICT-facilitated gender-based violence, taking into account the needs of vulnerable groups; and

(i) targeted efforts to keep children safe online through education, awareness-raising, legal reform, international cooperation, and the prompt removal of CSAM.

Collectively, these provisions underscore the Convention’s ambition to create a safe, humane, and inclusive digital environment—a global commitment to ensuring that every child is respected and protected from online sexual exploitation and abuse.

3. The Current Situation of Online Child Abuse in Vietnam and Criminal Modus Operandi

3.1. Current Landscape of Online Child Abuse in Vietnam

The rapid development of ICT has generated substantial socio-economic benefits for Vietnam while simultaneously contributing to the rise and diversification of cybercrime—a trend acknowledged in the Preamble of the Hanoi Convention. In this context, cyberspace has become a double-edged environment where children learn and socialize but also face heightened exposure to online sexual exploitation and abuse.

As of February 2025, Vietnam had 79.8 million Internet users (78.8% of the population), each spending an average of over six hours online daily [8]. Studies by MSD and Save the Children indicate that 83.9% of children surveyed use smartphones and 86.1% use social media, with nearly 27% spending up to five hours per day online. High levels of unsupervised digital engagement, coupled with limited self-protection skills, place children at significant risk [8].

Data from the U.S. National Center for Missing and Exploited Children (NCMEC) reported over 500,000 CSAM-related submissions linked to Vietnam in 2023—a figure far exceeding domestic statistics due to underreporting and detection barriers [9]. The Ministry of Public Security recorded 2,361 child-abuse cases in 2024, including 381 online cases (16%), representing a 13% increase from 2023 [11]. The first half of 2025 saw more than fifty detected “online kidnapping” incidents involving victims aged 18–22 (90% female), while the national child-protection hotline received 431 calls and intervened in 16 cases related to online abuse [10].

Online child abuse has thus become an urgent national concern, driven by several structural and behavioral factors:

(1) Broad and early exposure to digital technologies.

Vietnam ranks among the countries with the highest Internet and smartphone penetration in the region. Children and adolescents are heavy users of social networks (Facebook, TikTok, Zalo), messaging platforms, and online games—often without adequate supervision—exposing them to risks they are not equipped to recognize.

(2) Psychological vulnerability and limited digital literacy.

Although digitally proficient, Vietnamese children generally lack essential online-safety skills and awareness of privacy risks. Offenders exploit children’s curiosity, desire for validation, loneliness, and emotional immaturity—often through flattery, gifts, or psychological manipulation—to gain trust and extract personal information or images.

(3) Inadequate parental supervision and inadvertent data exposure.

(4) Many parents unintentionally disclose children’s personal information online—such as school details, certificates, or daily routines—enabling offenders to construct sophisticated fraud scenarios (e.g., “online kidnapping”) or to contact children for sexual exploitation. Additionally, many parents lack technological literacy and do not implement parental controls or safety filters, resulting in lax oversight of children’s digital activity.

3.2. Modus Operandi of Online Child Abuse Offenses

Cyber offenders exploit core features of the digital environment—including anonymity, unlimited reach, and rapid dissemination—to target vulnerable children. Their techniques increasingly combine psychological manipulation with technological sophistication. Common modus operandi include grooming, sextortion, the production and dissemination of child sexual abuse material (CSAM), and, more recently, “online kidnapping,” in which offenders remotely coerce victims for financial gain or other purposes [11].

(1) Grooming

Grooming represents one of the most insidious methods, involving a gradual process of building trust and dismantling a child’s psychological defenses. Offenders typically fabricate identities using stolen images—often of attractive young individuals—to create a friendly persona. They approach children via social networks (Facebook, Zalo, Instagram), dating apps (Tinder, Litmatch), virtual chat rooms, and online games (Liên Quân Mobile, PUBG, Free Fire).

After establishing contact, offenders engage children on topics of interest—school, hobbies, games, or celebrity culture—to cultivate emotional rapport. They often promise gifts or financial incentives. Once trust is secured, conversations shift to sexual themes, exploiting children’s curiosity and emotional vulnerability to elicit personal information and sensitive images or videos.

A typical example is the case prosecuted in Lâm Đồng in May 2025, where Nguyễn Duy Quang, using multiple anonymous Facebook accounts and impersonating a wealthy shop owner, persuaded schoolgirls to send revealing images and later coerced them into explicit video calls [12].

(2) Production, Possession, Dissemination of CSAM and Sextortion

Once offenders obtain sensitive images—usually during the grooming stage—they employ them as tools of coercion. Victims, fearing shame or exposure, are pressured to produce additional content, comply with sexual demands, or meet offenders in person. In sextortion schemes, refusal often triggers threats to publish images online or send them to family and peers.

A notable case adjudicated in Hanoi in August 2025 involved Lâm Ngọc V., who used previously obtained images to repeatedly coerce a minor into sending sexually explicit photos and performing sexual acts via video call over an extended period [7].

Offenders also circulate CSAM through closed groups on platforms such as Telegram and Zalo, sell the material to third parties, or create private channels requiring paid membership. In some cases, online contact leads to offline sexual abuse, as demonstrated in the Quảng Ngãi case where the perpetrator groomed a minor via Zalo before engaging in repeated sexual acts despite knowing the victim was under sixteen [13].

(3) “Online Kidnapping”.

(4) A recent and alarming trend involves the use of deepfake technology to impersonate police or prosecutors. Offenders contact adolescents, falsely accusing them of involvement in serious crimes (e.g., drug trafficking or money laundering) to induce fear and compliance. Victims are instructed to isolate themselves, sever communication with others, and record videos depicting abduction, torture, or sexually explicit scenes. Offenders then use these recordings to extort money from the victims’ families, threatening harm or “trafficking abroad” if demands are not met.

4. Current Legal Challenges and Recommendations for Improving the Prevention of Online Child Abuse in Vietnam

Drawing from the situation described above, the authors propose several measures to strengthen Vietnam’s legal and procedural framework in accordance with the Hanoi Convention.

4.1. Reforming Substantive and Procedural Criminal Law

First, improving substantive criminal law to align with the Hanoi Convention.

(i) Incorporating offenses relating to “child sexual exploitation material” (CSEM) under Article 14 of the Hanoi Convention. Article 326 of the 2015 Penal Code criminalizes the dissemination of pornographic materials, with ICT use as an aggravating factor. However, dissemination is a required element, meaning acts of production, acquisition, possession, or access for personal consumption—covered under Article 14(1)(a)(b)(c) of the Convention—fall outside criminal liability. Because the danger of CSEM lies not only in distribution but also in consumption (which fuels demand and perpetuates abuse), the Penal Code should criminalize these acts, as well as financing CSEM offenses under Article 14(1)(d).

(ii) Criminalizing online grooming for sexual purposes under Article 15 of the Hanoi Convention.

Grooming commonly precedes offenses under Articles 142, 144, 145, and 146 of the Penal Code, yet Vietnamese law requires the occurrence of actual harm. Since preparation is not punishable for these crimes—nor is ICT-enabled solicitation—law enforcement lacks legal grounds to intervene even when criminal intent is explicit. Vietnam should therefore criminalize grooming regardless of whether physical abuse occurs and add ICT-based solicitation as an aggravating circumstance.

(iii) Expanding the definition of “pornographic materials” under Article 326 to include AI-generated or synthetic sexual imagery, even when depicting fictional or digitally fabricated minors. High-tech creation of sexualized images of persons under sixteen should be recognized as an aggravated circumstance.

(iv) Extending protection to persons under eighteen, rather than under sixteen as currently provided in Article 147 of the Penal Code, consistent with Article 14(2) of the Hanoi Convention and international standards on child protection.

(v) Clarifying the elements of “other acts to intimidate the victim” and adding an aggravating factor for using sensitive images or private recordings to extort property under Article 170 of the Penal Code. Such conduct is now a widespread method of online extortion. Offenses against minors are already an aggravating circumstance under Article 170(2)(b).

Second, improving criminal procedure law to ensure effective implementation.

(i) Introducing a rapid data-preservation order.

Article 25 of the Hanoi Convention requires States Parties to allow competent authorities to issue urgent orders to preserve electronic data at risk of alteration or deletion. The Criminal Procedure Code (CPC) contains only provisions on search and seizure (Articles 195–196), which involve time-consuming approvals from the Procuracy and witnesses—during which data may be erased. Vietnam should add a mechanism enabling investigators or prosecutors to order service providers (ISPs, platforms) to preserve logs, IP addresses, and chat content for a specified period (e.g., 60–90 days).

(ii) Establishing a formal procedural framework for the integrity and preservation of electronic evidence.

Although the CPC requires preservation of electronic evidence (Articles 99, 107), it lacks technical procedures. National Standard TCVN ISO/IEC 27037:2019 recognizes hashing (MD5, SHA-256) as the method for maintaining integrity, but this remains a technical standard rather than a binding procedural rule. Vietnam should adopt an official procedural guideline on the collection, hashing, and backup of digital evidence to ensure acceptance in domestic and international proceedings.

(iii) Enhancing victim-protection measures in line with Article 34 of the Hanoi Convention.

Article 486 of the CPC should be supplemented with provisions allowing courts and investigators to order the removal or blocking of sensitive online content. Furthermore, the Juvenile Justice Law should explicitly require physical and psychological recovery measures for child victims of sexual exploitation, tailored to the victim’s age, needs, and vulnerabilities, ensuring minimal re-traumatization during legal proceedings.

4.2. Measures Targeting Criminal Modus Operandi to Prevent Online Child Abuse under the Hanoi Convention

First, preventing Grooming

(i) Cross-border service providers and social media platforms should adopt stringent security standards and integrate AI-based monitoring systems capable of detecting anomalous interactions. Using embedded natural-language processing algorithms, these systems can automatically flag grooming indicators, block or obscure suspicious messages, and provide real-time on-screen warnings to alert minors to emerging risks. This constitutes an early-intervention mechanism aimed at preventing preparatory conduct before it escalates into actual abuse.

(ii) Platforms should enhance account-verification systems through multi-factor authentication. When minors attempt to register or log in, the platform should automatically assess age eligibility; where “18+” is claimed, the user must undergo verification via mobile number, e-ID, and facial recognition. If facial recognition is inconsistent with identification data, the system should automatically transfer the user to a protected “minor mode” with restricted content and limited interaction options.

Second, preventing the Production, Possession, Dissemination of CSEM and Sextortion

(i) Vietnam should consider implementing hashing technologies at ISP gateways. By converting files into hash values and matching them in real time against international CSEM databases, ISPs can proactively detect and block the upload or sharing of known CSEM. This would effectively transform the online environment into a barrier that neutralizes incentives for production and dissemination.

(ii) A dedicated hotline should be established linking the National Child Protection Hotline (111), the Cybersecurity and High-Tech Crime Prevention Department (A05), and digital-platform safety centers (Meta, Google, TikTok). This coordination mechanism would ensure the rapid removal of CSEM and sextortion-related content within 2–4 hours, rather than the current 24–48 hours permitted under Decree 147/2024/NĐ-CP.

Third, preventing “Online Kidnapping”.

More robust public-awareness and digital-literacy initiatives are essential. Nationwide cybersecurity campaigns—particularly in schools and local communities—should equip children and parents with the knowledge to identify risks, recognize online-kidnapping tactics, safeguard personal information, and respond effectively to fraud. Mass-media channels and social networks should disseminate concise, youth-oriented educational videos to reinforce awareness.

Fourth, preventing High-Tech Methods of Online Child Exploitation

(i) Authorities should collaborate with service providers to develop and refine algorithms capable of detecting and flagging harmful deepfake content. Enhanced monitoring and enforcement are necessary to promptly address cases involving synthetic sexual imagery. Investment in deepfake-detection technology and digital-forensics “trace-back” systems is crucial for identifying the origin of manipulated content and preventing technological abuse at its source.

(ii) The investigative capacity of specialized cybercrime units should be strengthened. Officers must receive advanced training in digital forensics, including deepfake-detection tools and hash-analysis technologies, alongside improved procedural skills for collecting, preserving, and analyzing electronic evidence. Such capability ensures faster, more accurate prosecutions while maximizing the protection of child victims.

4.3. Recommendations on International Cooperation

First, Vietnam should establish a national central authority within the Ministry of Public Security—specifically the Department of Cybersecurity and High-Tech Crime Prevention (A05)—to operate as a 24/7 contact point. This body would be responsible for coordinating requests relating to investigation, prosecution, extradition, and the preservation and transfer of electronic evidence and digital data in accordance with international standards. Its mandate should be expressly provided for in the Cybersecurity Law, including detailed procedures on technology transfer and cross-border data-sharing mechanisms for emergency responses to cybercrime, in line with Articles 40 and 41 of the Hanoi Convention.

Second, in accordance with Article 48 of the Hanoi Convention, which encourages States Parties to conclude bilateral agreements on joint investigations, Vietnam should develop a legal basis enabling its prosecutorial and investigative authorities to participate in or establish Joint Investigation Teams (JITs) for complex transnational cybercrime cases—particularly those involving online child sexual exploitation. This legal foundation should be explicitly incorporated into the 2025 Law on Mutual Legal Assistance in Criminal Matters, which will take effect on 1 July 2026.

References:

1. United Nations Convention against Cybercrime (Hanoi Convention).
2. Penal Code of Vietnam (2015), as amended in 2017, 2024, and 2025.
3. Criminal Procedure Code of Vietnam (2015), as amended in 2025.
4. Decree No. 147/2024/NĐ-CP on the management, provision, and use of Internet services and online information.
5. Draft Law on Mutual Legal Assistance in Criminal Matters (2025), submitted to the National Assembly for approval.
6. TCVN ISO/IEC 27037:2019 (ISO/IEC 27037:2012) — Information Technology – Security Techniques – Guidelines for Identification, Collection, Acquisition, and Preservation of Digital Evidence.
7. People’s Court of Hanoi, First-Instance Criminal Judgment No. 21/HS-ST dated 27 August 2025. Available at: https://congbobanan.toaan.gov.vn/2ta1944144t1cvn/chi-tiet-ban-an (accessed 05 November 2025).
8. Authority of Information Security. “Handbook on Child Protection in Cyberspace.” 2024.
9. Ha Quan & Dong Nguyen. “94,000 Vietnamese adolescents fall victim to online sexual abuse.” Tuoi Tre News. Available at: https://news.tuoitre.vn/94000-vietnamese-adolescents-fall-victim-to-online-sexual-abuse-10325112012352095.htm (accessed 23 November 2025).
10. Phạm Dự. “Cybercriminals use AI analysis to groom and sexually exploit children.” VNExpress. Available at: https://vnexpress.net/toi-pham-mang-dung-ai-phan-tich-de-du-do-lam-dung-tinh-duc-tre-em-4955700.html (accessed 07 November 2025).
11. Duy Tiến. “The Hanoi Convention: A powerful tool to protect the young generation in cyberspace.” CAND Online. Available at: https://cand.com.vn/thoi-su/cong-uoc-ha-noi-cong-cu-manh-me-bao-ve-the-he-tre-tren-khong-gian-mang-i786006/ (accessed 04 November 2025).
12. Lê Tiến & Trường Hà. “Female students coerced into performing sexual acts online.” VNExpress. Available at: https://vnexpress.net/nhieu-nu-sinh-bi-ep-khieu-dam-qua-mang-4886718.html (accessed 06 November 2025).
13. Hải Phong. “Making friends online and coercing a minor into sexual intercourse.” Thanh Niên. Available at: https://thanhnien.vn/ket-ban-qua-mang-xa-hoi-roi-du-do-giao-cau-voi-be-gai-185240925173620639.htm (accessed 06 November 2025).
14. Trung Hưng. “Warning about the ‘online kidnapping’ scam in cyberspace.” Thanh Hóa Police News. Available at: https://conganthanhhoa.gov.vn/tin-tuc-su-kien/tin-an-ninh-trat-tu/canh-bao-thu-doan-lua-dao-bat-coc-online-tren-khong-gian-mang.html (accessed 06 November 2025).