07:45 | 23/07/2024

Are Men Who Sell Sex Subject to Administrative Penalties? How is Male Sex Brokerage Handled?

Could you please let me know if a male sex worker is subject to administrative fines and what the penalties are? A question from Mr. Dat (Ho Chi Minh City)

Is a Male Selling Sex Subject to Administrative Penalties?

Article 25 of Decree 144/2021/ND-CP stipulates the penalties for acts of selling sex as follows:

Acts of Selling Sex

1. A warning or a fine ranging from 300,000 VND to 500,000 VND shall be imposed for acts of selling sex.

2. A fine ranging from 1,000,000 VND to 2,000,000 VND shall be imposed for acts of selling sex to 02 or more people at the same time.

3. Additional penalties:

a) Confiscation of materials and means used for committing the administrative violation for the acts specified in Clauses 1 and 2 of this Article;

b) Deportation of foreigners committing the administrative violations specified in Clauses 1 and 2 of this Article.

4. Remedial measures:

Compulsory submission of illicit gains obtained from committing the violations specified in Clauses 1 and 2 of this Article.

Thus, the law does not differentiate between males and females in terms of selling sex. Therefore, males engaging in the act of selling sex will be subject to a warning or a fine ranging from 300,000 VND to 500,000 VND, and from 1,000,000 VND to 2,000,000 VND if selling sex to 02 or more people at the same time.

Additionally, males selling sex will have their violating materials confiscated and be required to return the illicit gains obtained.

Is a Male Selling Sex Subject to Administrative Penalties? How is Male Prostitution Brokerage Handled?

Is a Male Selling Sex Subject to Administrative Penalties? How is Male Prostitution Brokerage Handled? (Image from the Internet)

How is Male Prostitution Brokerage Handled?

Article 26 of Decree 144/2021/ND-CP stipulates administrative penalties for other acts related to buying and selling sex as follows:

Other Acts Related to Buying and Selling Sex

1. A warning or a fine ranging from 300,000 VND to 500,000 VND shall be imposed for acts of purchasing or selling erotic services, sexual stimulation services.

2. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for acts of concealing or protecting others to perform acts of buying and selling sex.

3. A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed for acts of aiding, enticing, urging, forcing or coercing others to buy or sell sex.

4. A fine ranging from 30,000,000 VND to 50,000,000 VND shall be imposed for one of the following acts:

a) Using force or threats of force to protect or maintain activities of buying and selling sex;

b) Contributing money or property to perform activities of buying and selling sex;

c) Brokering the purchase and sale of sex.

5. A fine ranging from 50,000,000 VND to 75,000,000 VND shall be imposed for acts of abusing positions, powers, or reputations to protect or maintain activities of buying and selling sex.

6. Remedial measures:

Compulsory submission of illicit gains obtained from committing the violations specified in Clauses 1, 2, 3, 4, and 5 of this Article.

Additionally, Article 328 of the Criminal Code 2015 also stipulates the crime of prostitution brokerage as follows:

Crime of Prostitution Brokerage

1. Anyone who acts as an intermediary to seduce or lead others to perform acts of buying and selling sex shall be sentenced to imprisonment for 06 months to 03 years.

2. Committing the crime in one of the following circumstances shall be sentenced to imprisonment for 03 years to 07 years:

a) Committing the crime on a person aged from full 16 to under 18 years old;

b) In an organized manner;

c) Having a professional nature;

d) Committing the crime 02 times or more;

e) On 02 or more people;

f) Illegally gaining between 100,000,000 VND to less than 500,000,000 VND;

g) Reoffending dangerously.

3. Committing the crime in one of the following circumstances shall be sentenced to imprisonment for 07 years to 15 years:

a) On a person aged from full 13 to under 16 years old;

b) Illegally gaining 500,000,000 VND or more.

4. The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

Thus, acts of brokering the purchase and sale of male sex can be subject to administrative penalties with fines as mentioned above and obligatory submission of illicit gains obtained.

For cases that constitute criminal acts, offenders can be imprisoned from 06 months to 15 years depending on the extent of the crime and the resulting consequences. Additionally, offenders may also be fined from 10,000,000 VND to 50,000,000 VND.

How Much is the Fine for Buying Male Sex?

Article 24 of Decree 144/2021/ND-CP stipulates administrative penalties for acts of buying sex as follows:

Acts of Buying Sex

1. A fine ranging from 1,000,000 VND to 2,000,000 VND shall be imposed for acts of buying sex.

2. A fine ranging from 2,000,000 VND to 5,000,000 VND shall be imposed for acts of buying sex from 02 or more people at the same time.

3. Additional penalties:

Confiscation of materials and means used for committing the administrative violation for the acts specified in Clauses 1 and 2 of this Article.

Thus, persons buying male sex can be administratively fined from 1,000,000 VND to 2,000,000 VND, or fined from 2,000,000 VND to 5,000,000 VND in cases of buying sex from 02 or more people at the same time.

Additionally, violators will have their violating materials confiscated.

LawNet

Legal Grounds
The latest legal advice
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}